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An Act relative to employment protections for victims of abusive behavior
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S1152
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SD2005
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T11:40:47.047'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T11:40:47.0466667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-14T14:19:55.6066667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T15:44:07.7266667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T12:13:59.0033333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-06T14:42:22.3733333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T11:59:12.6433333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-18T12:47:32.29'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T11:33:07.2933333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-25T16:35:59.7466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1152/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1152) of Cynthia Stone Creem, Patrick M. O'Connor, Michael O. Moore, James B. Eldridge and others for legislation relative to employment protections for victims of abusive behavior. Labor and Workforce Development.
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SECTION 1. Section 1 of Chapter 151B of the General Laws is hereby amended by inserting the following terms: -
24. The term “victim of abusive behavior” in subsections 1 through 3 of section 4 of this chapter, including section 1F, means a person who is experiencing or has experienced abusive behavior.
25. The term “abusive behavior” in this section and subsections 1 through 3 of section 4 of this chapter, including subsection 1F, means (i) any behavior constituting domestic violence; (ii) stalking in violation of section 43 of chapter 265; (iii) sexual assault, which shall include a violation of sections 13B, 13B½, 13B¾, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26D, 50 or 51 of chapter 265 or sections 2, 3, or 35A of chapter 272; or (iv) kidnapping in violation of the third paragraph of section 26 of chapter 265.
26. The term “domestic violence” in this section means abuse against a person by (i) the person’s current or former spouse; (ii) someone with whom the person shares a child in common; (iii) someone with whom the person is or was cohabitating; (iv) someone with whom the person is related by consanguinity, adoption, or marriage; (v) someone with whom the person has or had an intimate, sexual, or romantic relationship or to whom the person is or was engaged to be married; or (vi) someone with whom the person is or was in a guardianship relationship.
27. The term “abuse” in this section means (i) attempting to cause or causing physical harm; (ii) placing another in fear of imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations by force, threat, or duress; (iv) engaging in psychological, emotional, or mental abuse; (v) depriving another of health care, housing, food, or other necessities of life; (vi) engaging in harassment as defined in section 1 of chapter 258E; or (vii) restraining the liberty of another.
28. The term “psychological, emotional, or mental abuse” in this section means a pattern of threatening, humiliating, or intimidating actions that is designed to induce or likely to induce fear or terror or to restrict another person’s ability to exercise free will or autonomy, including but not limited to unreasonably engaging in any of the following as part of such a pattern:
(i) Isolating another person from friends, family, or other sources of support;
(ii) Limiting another person’s access to or use of family or personal money or financial resources;
(iii) Controlling, regulating, or monitoring the another person’s activities, movements, communications, daily behavior, finances, economic resources, or access to services;
(iv) Belittling, degrading, or demeaning another person;
(v) Threatening to harm, to sexually assault or kill another or another person’s family member;
(vi) Threatening to publish personal or false information about another person or to make false reports to law enforcement authorities about another person;
(vii) Damaging another person’s property or household goods; or
(viii) Forcing another person to take part in criminal activity or child abuse.
29. The term “family member” in subsection 1F of section 4 of chapter 151B means (i) a spouse of the employee or prospective employee; (ii) a person with whom the employee or prospective employee has a child in common; (iii) a person with whom the employee or prospective employee has a substantive intimate, romantic, or sexual relationship, or a dependency relationship, and with whom the employee or prospective employee resides; (iv) a person to whom the employee or prospective employee is engaged to be married; (v) a parent, step-parent, child, step-child, sibling, step-sibling, grandparent, step-grandparent, grandchild, or step-grandchild of the employee or prospective employee; or (vi) a person with whom the employee or prospective employee is or was in a guardianship relationship.
30. The term “prospective employee” in subsection 1F of section 4 of chapter 151B means a person who (i) has applied for employment with the employer, (ii) has been personally asked to apply for employment with the employer by the employer or employer’s agent, or (iii) has been offered employment with the employer, even if conditional.
31. The term “health care” in this section and in subsection 1F of section 4 of chapter 151B includes medical health care, mental health care, substance abuse services, hospital care, dental health care and rehabilitative services.
SECTION 2. Section 4 of Chapter 151B of the General Laws is hereby amended, in subsection (1), after the word “ancestry” by inserting the following; - “status as a victim of abusive behavior,”.
SECTION 3. Section 4 of Chapter 151B of the General Laws is further amended, in subsection (2), after the word “information,” by inserting the following: - “pregnancy or a condition related to said pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child, status as a victim of abusive behavior,”.
SECTION 4. Section 4 of Chapter 151B of the General Laws is further amended, in subsection (3), before the phrase “or status as a veteran”, by inserting “status as a victim of abusive behavior” and before the phrase “status as a veteran” by inserting “status as a victim of abusive behavior,”.
SECTION 5. Section 4 of Chapter 151B of the General Laws is further amended by inserting the following subsection: -
(1F) (a) For an employer, by itself or its agent, not to provide a reasonable accommodation to an employee or prospective employee who is experiencing or has experienced abusive behavior, or whose family member is experiencing or has experienced abusive behavior, if the employee or prospective employee requests an accommodation related to the abusive behavior; provided, however, that an employer is not required to provide an accommodation if the employer can demonstrate that the accommodation would impose an undue hardship on the employer’s business.
(b) For an employer, by itself or its agent, to (i) discharge, or in any other manner discriminate against, an employee for exercising the employee’s rights under this subsection, including requesting or using an accommodation under this subsection; (ii) refuse to hire, or in any other manner discriminate against, a prospective employee for exercising the prospective employee’s rights under this subsection, including requesting or using an accommodation under this subsection; (iii) require an employee or prospective employee who requests an accommodation under this subsection to accept an accommodation that the employee or prospective employee chooses not to accept if that accommodation is unnecessary to enable the employee to perform the essential functions of the job; (iv) require an employee to take leave if a reasonable accommodation may be provided that permits the employee to perform the essential functions of the job without undue hardship to the employer’s business; or (v) make preemployment inquiry of a prospective employee as to whether the prospective employee will require a reasonable accommodation under this subsection, unless the prospective employee first voluntarily discloses to the employer, or employer’s agent, a situation that would qualify the prospective employee for a reasonable accommodation under this section.
(c) As used in this subsection, the following words shall have the following meanings unless the context clearly requires otherwise:
“Accommodation” means a temporary or permanent adjustment to a job structure or schedule, workplace facility, or work requirement that enables an employee who is a victim of abusive behavior, or whose family member is a victim of abusive behavior, to be safe or to address issues directly related to the abusive behavior, including but not limited to (i) more frequent or longer paid or unpaid breaks; (ii) transfers, reassignments, or schedule changes; (iii) changing a work phone number, email address, or any other work contact, electronic or otherwise; (iv) installing or changing locks or work access mechanisms; (v) assisting with documentation of the abusive behavior; (vi) implementing safety procedures; or (vii) prohibiting the perpetrator of the abusive behavior from being on the workplace property or limiting the perpetrator’s access to the workplace property or portion thereof where the employee works; provided, however, that an employer shall not be required as part of providing a reasonable accommodation to discharge or transfer another employee or promote an employee who is not able to perform the essential functions of the job with or without a reasonable accommodation.
“Undue hardship” shall mean an action requiring significant difficulty or expense; provided, however, that the employer shall have the burden of proving undue hardship; provided further, that in making a determination of undue hardship, the following factors shall be considered: (i) the nature and cost of the needed accommodation; (ii) the overall financial resources of the employer; (iii) the overall size of the business of the employer with respect to the number of employees and the number, type and location of its facilities; and (iv) any other impact of the reasonable accommodation on the employer’s business.
(d) Upon the employer’s receipt of a request from an employee or prospective employee for an accommodation under this subsection, the employee or prospective employee and the employer shall engage in a timely, good faith, and interactive process to determine an effective, reasonable accommodation.
(e) All employers will provide written notice to their employees of the right to be free from discrimination due to status as a victim of abusive behavior and of the right to a reasonable accommodation related to the abusive behavior. Such notice may be provided in a handbook, pamphlet, or other means of notice regularly used by the employer. In addition, all employers will provide such notice to (i) all new employees at the beginning of their employment and (ii) any employee or prospective employee who informs the employer that the employee, or prospective employee or family member of the employee or prospective employee, is a victim of abusive behavior not more than five days after the employer is so informed.
(f) Subject to appropriation, the commission shall develop courses of instruction and conduct public education efforts as necessary to inform employers, employees, and employment agencies, and, to the extent possible, the general population, about the rights and responsibilities established under this subsection not more than 180 days after the appropriation. Employers are encouraged to conduct an education and training program for new employees and members within one year of commencement of employment that includes information on the nature and extent of abusive behavior, issues of privacy and confidentiality, and the availability of reasonable accommodations. Employers are encouraged to conduct additional training for new supervisory and managerial employees within one ear of commencement of employment that includes information on the nature and extent of abusive behavior, issues of privacy and confidentiality, and the availability of reasonable accommodations.
(g) This subsection shall not be construed to preempt, limit, diminish, or otherwise affect any other law relating to leave or to abusive behavior, provided, however, that to the extent the reasonable accommodation requested pursuant to this section is a leave of absence, that leave need not exceed the amount of leave permitted under section 52E of chapter 149.
(h) An employer may require any employee or prospective employee requesting an accommodation under this subsection to provide documentation evidencing that the employee, the prospective employee, or a family member of the employee or the prospective employee is a victim of abusive behavior; provided, however, that an employer may not require the employee or prospective employee to produce, but may consider, documentation concerning the reasonable accommodation itself, including its type, form, scope, or duration; provided further, that an employer shall not require the employee or prospective employee to show evidence of an arrest, conviction, or other law enforcement documentation for such abusive behavior. The employee or prospective employee shall provide such documentation to the employer within a reasonable period after the employer requests such documentation, such reasonable period not to be shorter than 30 days. The employer must provide a reasonable accommodation in a timely manner and may not delay providing reasonable accommodation pending receipt of the documentation; provided that if the employee or prospective employee requests that the accommodation begin before such documentation can be provided, the employee or prospective employee shall provide the documentation to the employer within 30 days of requesting the accommodation. The employer may periodically require the employee to provide documentation showing continued need for any temporary accommodation, but no more often than every six months or when the employer learns of a significant change in the situation that necessitated the accommodation. The provision of any documentation provided to an employer under this paragraph does not waive or diminish the confidential or privileged nature of communications between a victim of abusive behavior and one or more individuals named in this paragraph.
The employer may maintain any documentation provided under this paragraph only in a separate, confidential file and only for as long as required for the employer to make a determination as to whether the employee is entitled to a reasonable accommodation under this subsection.
The employee or prospective employee shall satisfy the documentation requirement by providing any one of the following documents to the employer concerning the abusive behavior against the employee, prospective employee, or family member of the employee or prospective employee, and the employer may not require the employee or prospective employee to provide a specific type of documentation from among the following documents:
(1) A protective order, or an order of equitable relief or other documentation, issued by a court of competent jurisdiction as a result of such abusive behavior, including but not limited to an order issued pursuant to chapter 209A or chapter 258E;
(2) A document under the letterhead of a court, public agency, or social service, health care, or other service provider that the victim of such abusive behavior attended for the purposes of acquiring assistance as it relates to the abusive behavior;
(3) A police report or statement of a victim or witness provided to police, including a police incident report, documenting such abusive behavior;
(4) Documentation that the perpetrator of such abusive behavior has been convicted of, has been adjudicated a juvenile delinquent by reason of, or has admitted to sufficient facts to support a finding of guilt of any offense constituting such abusive behavior;
(5) Documentation of health care treatment as a result of such abusive behavior;
(6) A sworn statement, signed under the penalties of perjury, provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate, or other professional who has assisted the victim of such abusive behavior in addressing the effects of such abusive behavior;
(7) A sworn statement, signed under the penalties of perjury, from the victim of such abusive behavior attesting to such abusive behavior; or
(8) Any other form of documentation or relevant evidence that reasonably corroborates or certifies that the employee, prospective employee, or family member of the employee or prospective employee is a victim of abusive behavior.
(i) An employee or prospective employee requesting an accommodation under this subsection is not required to produce any documentation to, or discuss any information with, the employer that would in any way compromise the safety of the victim of the abusive behavior, and an employer is prohibited from requiring any such production or disclosure except to the extent such documentation or information is necessary to provide or effectuate the accommodation, to protect the safety of the employee or others employed at the workplace, or to enable the employer to satisfy legal obligations.
(j) An employer shall maintain the confidentiality of all documentation and information provided by the employee or prospective employee related to the abusive behavior, including that the employee, prospective employee, or employee’s family member is a victim of abusive behavior or that the employee or prospective employee has requested or obtained a reasonable accommodation under this subsection, except under the following conditions: (i) the employee or prospective employee requests or consents in writing that such documentation or information be disclosed; (ii) the employer is ordered by a court of competent jurisdiction or administrative agency to disclose such documentation or information; (iii) disclosure is otherwise required by applicable federal or state law; (iv) disclosure is required in the course of an investigation authorized by law enforcement, including, but not limited to, an investigation by the attorney general; or (v) disclosure is necessary to protect the safety of the employee or others employed at the workplace or to provide or effectuate the accommodation.
(k) No employer shall (i) coerce, interfere with, restrain, or deny the exercise of, or any attempt to exercise, any rights provided under this subsection or (ii) make reasonable accommodations requested or taken hereunder contingent upon whether or not the employee, prospective employee, or victim of the abusive behavior maintains contact with the alleged abuser.
SECTION 6. Section 52E of Chapter 149 of the General Laws is hereby amended by striking out subsection (a) in its entirety and thereby replacing it with the following subsection:
(a) For purposes of this section, the following words shall have the following meanings, unless the context clearly indicates otherwise:
“Abuse,” (i) attempting to cause or causing physical harm; (ii) placing another in fear of imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations by force, threat, or duress; (iv) engaging in psychological, emotional, or mental abuse; (v) depriving another of health care, housing, food, or other necessities of life; (vi) engaging in harassment as defined in section 1 of chapter 258E; or (vii) restraining the liberty of another.
“Abusive behavior,” (i) any behavior constituting domestic violence; (ii) stalking in violation of section 43 of chapter 265; (iii) sexual assault, which shall include a violation of sections 13B, 13B½, 13B¾, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26D, 50 or 51 of chapter 265 or sections 2, 3, or 35A of chapter 272; or (iv) kidnapping in violation of the third paragraph of section 26 of chapter 265.
“Domestic violence,” abuse against a person by (i) the person’s current or former spouse; (ii) someone with whom the person shares a child in common; (iii) someone with whom the person is or was cohabitating; (iv) someone with whom the person is related by consanguinity, adoption, or marriage; (v) someone with whom the person has or had an intimate, sexual, or romantic relationship or to whom the person is or was engaged to be married; or (vi) someone with whom the person is or was in a guardianship relationship.
“Employees”, individuals who perform, or who have been hired to perform, services for and under the control and direction of an employer for wages or other remuneration.
“Family member,” (i) a spouse of the employee or prospective employee; (ii) a person with whom the employee or prospective employee has a child in common;(iii) a person with whom the employee or prospective employee has a substantive intimate, romantic, or sexual relationship, or a dependency relationship, and with whom the employee or prospective employee resides; (iv) a person to whom the employee or prospective employee is engaged to be married; (v) a parent, step-parent, child, step-child, sibling, step-sibling, grandparent, step-grandparent, grandchild, or step-grandchild of the employee or prospective employee; or (vi) a person with whom the employee or prospective employee is or was in a guardianship relationship.
“Psychological, emotional, or mental abuse,” a pattern of threatening, humiliating, or intimidating actions that is designed to induce or likely to induce fear or terror or to restrict another person’s ability to exercise free will or autonomy, including but not limited to unreasonably engaging in any of the following as part of such a pattern:
Isolating another person from friends, family, and other sources of support;
(i) Isolating another person from friends, family, and other sources of support;
(ii) Limiting another person’s access to or use of family or personal money or financial resources;
(iii) Controlling, regulating, or monitoring another person’s activities, movements, communications, daily behavior, finances, economic resources, or access to services;
(iv) Belittling, degrading, or demeaning another person;
(v) Threatening to harm, to sexually assault or to kill another or another person’s family member;
(vi) Threatening to publish personal or false information about another person or to make false reports to law enforcement authorities about another person;
(vii) Damaging another person’s property or household goods; or
(viii) Forcing another person to take part in criminal activity or child abuse.
“Prospective employee”, a person who (i) has applied for employment with the employer, (ii) has been personally asked to apply for employment with the employer by the employer or employer’s agent, or (iii) has been offered employment with the employer, even if conditional.
“Health care”, medical health care, mental health care, substance abuse services, hospital care, dental health care, rehabilitative services and other similar services.
SECTION 7. Subsection (b)(ii) of Section 52E of Chapter 149 of the General Laws is hereby amended, after the word “attention”, by inserting the following: - “or other health care,”.
SECTION 8. Subsection (d) of Section 52E of Chapter 149 of the General Laws is hereby amended by inserting, in the first sentence, after the phrase “safety of an employee”, the following phrase: - “or family member of the employee,” and by striking out the figure “(7)” and thereby replacing it with the figure “(8)”.
SECTION 9. Subsection (e) of Section 52E of Chapter 149 of the General Laws is hereby amended by striking out the subsection in its entirety and replacing it with the following subsection: -
(e) An employer may require an employee or prospective employee requesting leave under this section to provide documentation evidencing that the employee, prospective employee, or family member of the employee or prospective employee is a victim of abusive behavior and that the leave taken is consistent with the conditions of clauses (i) to (iii), inclusive, of subsection (b); provided, however, that an employer shall not require an employee or prospective employee to show evidence of an arrest, conviction or other law enforcement documentation for such abusive behavior. An employee or prospective employee shall provide such documentation to the employer within a reasonable period after the employer requests documentation relative to the employee’s absence. An employee or prospective employee shall satisfy this documentation requirement by providing any 1 of the following documents to the employer, and the employer may not require the employee or prospective employee to provide a specific type of documentation from among the following documents.
(1) A protective order, or order of equitable relief or other documentation, issued by a court of competent jurisdiction as a result of abusive behavior, including but not limited to an order issued pursuant to chapter 209A or chapter 258E.
(2) A document under the letterhead of the court, public agency, or social service, health care, or other service provider which the victim of the abusive behavior attended for the purposes of acquiring assistance as it relates to the abusive behavior.
(3) A police report or statement of a victim or witness provided to police, including a police incident report, documenting the abusive behavior.
(4) Documentation that the perpetrator of the abusive behavior has been convicted of, has been adjudicated a juvenile delinquent by reason of, or has admitted to sufficient facts to support a finding of guilt of any offense constituting such abusive behavior
(5) Documentation of health care treatment as a result of the abusive behavior.
(6) A sworn statement, signed under the penalties of perjury, provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the victim of the abusive behavior in addressing the effects of the abusive behavior.
(7) A sworn statement, signed under the penalties of perjury, from the victim of the abusive behavior attesting to the abusive behavior.
(8) Any other form of documentation or relevant evidence that reasonably corroborates or certifies that the employee, prospective employee, or family member of the employee or prospective employee is a victim of abusive behavior.
Any documentation provided to an employer under this section may be maintained by the employer only in a separate, confidential file and only for as long as required for the employer to make a determination as to whether the employee is eligible for leave under this section. The provision of any documentation to an employer under this paragraph does not waive or diminish the confidential or privileged nature of communications between the victim of the abusive behavior and any of the categories of professionals listed in this paragraph.
An employee or prospective employee requesting leave under this section is not required to produce any documentation to, or discuss any information with, the employer that would in any way compromise the safety of the victim of the abusive behavior, and an employer is prohibited from requiring any such production or disclosure except to the extent such documentation or information is necessary to provide or effectuate the leave, to protect the safety of the employee or others employed at the workplace, or to enable the employer to satisfy legal obligations.
SECTION 10. Subsection (f)(i) of Section 52E of Chapter 149 of the General Laws is hereby amended by inserting, after the word “employee”, the words “or prospective employee;” and inserting, after the word “workplace”, the words “or to provide or effectuate the leave”.
SECTION 11. Subsection (g) of Section 52E of Chapter 149 of the General Laws is hereby amended by striking the word “taking” and thereby replacing it with the word “seeking”.
SECTION 12. Subsection (h) of Section 52E of Chapter 149 of the General Laws is hereby amended by inserting, after the word “victim”, the phrase “of the abusive behavior”, and after the words “this section or” by striking out the word “to”.
SECTION 13. Subsection (i) of Section 52E of Chapter 149 of the General Laws is hereby amended by inserting, after the word “section”, the phrase “or refuse to hire, or in any other manner discriminate against a prospective employee for exercising the prospective employee’s rights under this section.”
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An Act protecting the right to time off for voting
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S1153
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SD897
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T16:07:47.887'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T16:07:47.8866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1153/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 1153) of Brendan P. Crighton for legislation to protect the right to time off for voting. Labor and Workforce Development.
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SECTION 1. Section 178 of Chapter 149 of the General Laws, as so appearing, is amended by striking said section and inserting in place thereof the following: -
Section 178. Every employer shall allow sufficient time for a person under his or her employ to exercise their right to vote in a state or municipal election in the Commonwealth. If a voter does not have sufficient time outside of working hours to vote during an election or designated early voting period, the voter may, without loss of pay, take off enough working time that, when added to the voting time available outside of working hours, will enable the voter to vote, provided the employee gives the employer at least 3 days notice.
The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed.
SECTION 2. Said Chapter 149 is further amended by adding the following new sections:
Section 178(a). Every employer subject to this section shall post in a conspicuous place, or via electronic communication, a notice prepared and disseminated by the Secretary of the Commonwealth, containing such relevant information as the Secretary deems necessary to explain the section.
Section 178(b). Any employer who refuses to comply with the provisions of section one hundred seventy-eight regarding time off to vote shall be punished by providing an aggrieved voter under his or her employ a full day’s pay.
Enforcement of this section will be under the purview and supervision of the Fair Labor Division of the Attorney General’s Office.
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An Act to promote the recruitment and retention of hospital workers
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S1154
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SD386
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T17:47:08.097'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T17:47:08.0966667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-07T16:34:59.1566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T16:34:59.1566667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-07T16:34:59.1566667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T17:20:35.5933333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T17:20:35.5933333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-22T13:55:19.3333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-22T13:55:19.3333333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-14T11:37:00.92'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-14T11:37:00.92'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-24T16:04:52.1966667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-26T18:14:50.09'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-05-19T11:13:13.63'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1154) of Julian Cyr, Joanne M. Comerford, Jack Patrick Lewis, Kathleen R. LaNatra and other members of the General Court for legislation to promote the recruitment and retention of hospital workers. Labor and Workforce Development.
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SECTION 1. (a) There shall be a Hospital Workforce Training & Apprenticeship Trust Fund to provide support to eligible accountable care organizations, acute care hospitals, and their affiliated hospital health care providers and to be administered by the secretary of health and human services. Amounts credited to the fund shall be expended, subject to appropriation, by the secretary of health and human services, as trustee, consistent with this section. The fund shall be credited with money from public and private sources, including gifts, grants and donations, interest earned on such money, any other money authorized by the general court and specifically designated to be credited to the fund and any funds provided from other sources.
(b) The secretary may incur expenses, and the comptroller may certify amounts for payment in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund which shall cause the fund to be deficient at the close of a fiscal year. 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.
(c) The secretary shall direct payments from the fund to eligible providers and also to labor-management training funds, community colleges, and other entities that apply to conduct training and offer education supports for the workforce of the eligible providers. All Massachusetts accountable care organizations, acute care hospitals and their affiliated hospital health care providers as defined by the center for health information and analysis shall be considered eligible providers for purposes of payments from the fund.
(d) All expenditures from the fund shall be made as grants to support training, registered apprenticeships, and other education supports to eligible providers and to entities conducting training for the eligible provider’s workforce. Grants made shall be carefully targeted to support education and training programs for the workforce of these providers, including for programming that enables the payment of replacement wages and tuition stipends for incumbent workers participating in career development training. Grants made shall support education and training programs designed to recruit and retain culturally, ethnically and linguistically diverse individuals to the hospital workforce. Grants may also be made to further the retention of health care workers through the provision of housing, child care, behavioral health, and other similar worker supports. The secretary shall award grants through an application process.
(e) The executive office of health and human services shall promulgate rules or regulations necessary to carry out this section.
(f) Not later than 90 days after payments are allocated to hospitals and their affiliated healthcare providers under this section, the secretary of health and human services shall file a report with the house and senate committees on ways and means and the joint committee on health care financing detailing the allocation and recipient of each grant awarded under this program.
SECTION 2. The executive office labor and workforce development, in collaboration with the executive office of health and human services, shall establish a marketing and public information campaign to promote the recruitment and retention of acute care hospital workers in Massachusetts. Subject to appropriation, this campaign shall include paid advertising to promote the array of open direct care and clinical positions at Massachusetts acute care hospitals with a focus on advancing the work done in these roles and on attracting workers to these careers. This campaign shall include a high-level marketing campaign around the importance of hospital work as well as micro-campaigns aimed at promoting certain hard-to-fill occupations. This campaign shall target working adults of all ages, have the intent to raise awareness of available occupations, highlight the importance and value of the roles, and seek to attract culturally, ethnically and linguistically diverse individuals.
SECTION 3. There shall be a Hospital Short Staffing Task Force to address workforce recruitment and retention challenges at Massachusetts acute care hospitals.
The task force shall consist of the following members: the secretary labor and workforce development, or their designee, who shall serve as chair; the secretary of health and human services, or their designee; the secretary of housing and economic development, 1 person to be appointed by the speaker the house of representatives; 1 person to be appointed by president of the senate; and 8 persons to be appointed by the governor, 1 of whom shall be a representative of the Massachusetts Health and Hospital Association, 1 of whom shall be a representative of the Massachusetts League of Community Health Centers, 1 of whom shall be a representative of 1199SEIU, 1 of whom shall be a representative of the Massachusetts Nurses Association, 1 of whom shall represent the Commonwealth Corporation, 1 of whom shall represent the University of Massachusetts, 1 of whom shall represent a private post-secondary educational institution, 1 of whom shall represent a workforce training vendor, and 1 of whom shall be an incumbent worker in a Massachusetts acute care hospital. In making appointments, the governor shall, to the maximum extent feasible, ensure that the task force represents a broad distribution of diverse perspectives, cultural and linguistic backgrounds, and geographic regions.
(b) In making its recommendations, the task force shall consider: (i) improvements to the MassHealth reimbursement system for acute care hospitals that promote financial stability; (ii) industry-wide workforce initiatives including, but not limited to, ways to lower the cost of education and training, and to improve recruitment, rates of pay, and other methods of ensuring a sustainable workforce; (iii) the role of external economic factors on the development and retention of the acute care hospital workforce such as the increases in the minimum wage and competition from other industries, and (iv) any additional reforms to strengthen the recruitment and retention of the acute care hospital workforce.
(c) The task force shall convene its first meeting within 90 days after passage of this act. The task force shall submit its report, including any proposed legislation necessary to carry out its recommendations, by filing the same with the clerks of the house of representatives and senate, the joint committee on health care financing, the joint committee on elder affairs and the house and senate committees on ways and means not later than one year from passage of this act.
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An Act relative to compliance with the fair minimum wage
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S1155
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SD397
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T18:25:35.19'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T18:25:35.19'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1155) of Julian Cyr for legislation relative to compliance with the fair minimum wage. Labor and Workforce Development.
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SECTION 1. Section 16 of chapter 151 is hereby amended by adding the following paragraph:-
Employers subject to a minimum fair wage order under this chapter shall provide each employee receiving a salary with an hourly equivalent comparison of the employee’s salary and the minimum fair wage under chapter 151. The comparison shall be in written form and shall accompany each payment made to employee. If the hourly salary amount is less than the minimum fair wage, the employer may be subject to sections 19 and 20 of this chapter.
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An Act protecting an employee's right to rebuttal of personnel records
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S1156
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SD502
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-13T12:03:17.873'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-13T12:03:17.8733333'}]
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1156) of Sal N. DiDomenico for legislation to protect an employee's right to rebuttal of personnel records. Labor and Workforce Development.
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SECTION1: Section 148A of Chapter 149 of the Massachusetts General Laws, as appearing in the 2020 official edition, is hereby amended by inserting at the end of the first sentence the following:- “or under the personnel records provisions in Section 52C of this chapter.”
SECTION 2: Section 150 of said Chapter 149 of the Massachusetts General Laws, as appearing in the 2020 official edition, is hereby amended in the second paragraph by inserting after “33E,” the following:- “52C,”
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An Act regulating labor standards for transportation network drivers
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S1157
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SD510
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-11T14:51:57.57'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-11T14:51:57.57'}]
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1157) of Sal N. DiDomenico for legislation to regulate labor standards for transportation network drivers. Labor and Workforce Development.
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SECTION 1. Chapter 159 A½ of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sections:-
Section 12. For purposes of this section, “potential rider” is defined as an individual who seeks and confirms through a ride sharing application for transportation from a location to a subsequent location. (a) A transportation network company shall pay to a driver not less than 80 per cent of the: (i) fare collected from each pre-arranged ride completed; and (ii) fee collected for each ride cancelled at the request of a potential rider. Each transportation network company shall provide a quarterly report of such payments to the department. The report shall include the: (i) number of pre-arranged rides completed by its drivers during the quarter; (ii) fare amount collected from each completed ride during the quarter; (iii) fee amount collected for each ride cancelled at the request of a potential rider; and (iv) total amount paid to all the transportation network drivers during the quarter.
(b) The department shall collect 5 cents from the fare collected by a transportation network company for each completed pre-arranged ride. The amounts collected shall be reserved for compensation to drivers and their families for wage replacement and medical costs in matters where a driver is injured while working. The shares collected shall be placed into the Transportation Network Company Drivers Fund established in section 2LLLLL of chapter 29.
(c) Violations of this section shall be subject to section 6.
Section 13. Every five years, the city council or select board of each municipality shall assess and determine a pre-set number of permits under this chapter to be granted to a transportation network company or transportation network driver for a transportation network company for operation within the municipality.
SECTION 2. Notwithstanding and special or general law to the contrary, the department of public utilities shall conduct a study on the prospective adoption of issuing vehicle utilization standards and regulations on limiting the number of issued transportation network company vehicle licenses in the commonwealth. The report shall include: (i) the potential costs to the commonwealth, including the cost to each municipality; (ii) the effect on the residents of the commonwealth, including environmental burdens, affects on environmental justice communities and gateway communities, and traffic congestion in each municipality; and (iii) the department’s recommendations on addressing the aforementioned burdens based on the collected data. During the course of the study, the commonwealth shall not issue any new ride share vehicle permits, with an exception of wheelchair accessible vehicles. The department shall publish the report on its website not later than 1 year after the effective date of this act.
SECTION 3. Subsection (b) of section 13 of chapter 159A½ of the General Laws shall take effect upon the publishing of the study required pursuant section 2.
SECTION 4. This act shall take effect on July 1, 2023.
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An Act to prevent wage theft, promote employer accountability, and enhance public enforcement
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S1158
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SD1087
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T20:51:49.497'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T20:51:49.4966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T14:30:22.4'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-27T13:42:34.1733333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-30T10:40:24.3533333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-31T12:27:12.31'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:25:40.1'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T13:27:28.9333333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-01T12:49:04.6933333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-01T12:48:38.11'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T10:19:37.4633333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-08T10:18:43.3233333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T15:08:37.9066667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T12:25:12.0966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T11:46:10.9666667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-14T11:45:47.36'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-14T11:52:55.1966667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-17T10:53:37.84'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-23T15:26:04.2'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-23T15:25:25.0666667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-23T15:08:35.2'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-28T10:59:15.6833333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-03-01T11:59:30.28'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-01T16:31:03.19'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T13:38:47.65'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-14T21:05:42.9866667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-21T12:45:20.1766667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-21T12:43:39.05'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-03-22T15:30:43.36'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-03-29T13:47:33.1733333'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-04-05T11:45:16.7866667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-10T11:54:08.66'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-18T12:26:47.0133333'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-05-01T12:52:35.05'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-05-01T12:50:44.92'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-05-03T13:45:13.9666667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-22T17:58:35.6333333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-07-05T08:52:45.7666667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-08-09T11:34:08.29'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-09-21T09:18:49.31'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-09-25T10:14:36.5266667'}]
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1158) of Sal N. DiDomenico, Rebecca L. Rausch, Marc R. Pacheco, Jacob R. Oliveira and other members of the General Court for legislation to prevent wage theft, promote employer accountability, and enhance public enforcement. Labor and Workforce Development.
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SECTION 1. Section 27C of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “subsection (a)”, in line 58, the following words:- "or section 100, 148E or 150C".
SECTION 2. Said section 27C of said chapter 149, as so appearing, is hereby further amended by striking out, in line 159, the words “Civil and criminal” and inserting in place thereof the following word:- "Criminal".
SECTION 3. Said section 27C of said chapter 149, as so appearing, is hereby further amended by adding the following subsection:
"(d) As a further alternative to initiating criminal proceedings pursuant to subsection (a) or civil proceedings pursuant to subsection (b), the attorney general may file a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits on behalf of a worker or multiple, similarly situated workers. If the attorney general prevails in such an action, the worker or workers on whose behalf the attorney general brought the civil action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits, and the attorney general shall also be awarded court costs and reasonable attorneys’ fees."
SECTION 4. Said chapter 149 of the General Laws, as so appearing, is hereby amended by striking out section 148A and inserting in place thereof the following section:-
Section 148A. (a) Any person or entity, including an employer or its agent, who in any manner discriminates or takes adverse action, or threatens to discriminate or take adverse action, against any person because that person has opposed a violation of this chapter, complained to the attorney general or to any other person of a violation of this chapter, assisted any other person in exercising rights under this chapter, informed any other person of rights under this chapter, or instituted, assisted in, or testified in any investigation or proceedings under or related to this chapter, or because of a belief that the person may in the future engage in any such actions, shall have violated this section and shall be punished or subject to civil proceedings as provided in subsection (b) or subsection (d) of section 27C, or section 150, and shall recover actual damages, compensatory damages, punitive damages, injunctive relief or any other appropriate relief.
(b) There shall be a rebuttable presumption of a violation of this section if a person or entity discriminates or takes adverse action, or threatens to discriminate or take adverse action, against any person within 90 days of that person’s exercise of rights under this chapter, including activity protected by this section. This presumption may be rebutted by clear and convincing evidence that the action was taken for a permissible purpose and that it would have been taken in the absence of the protected activity.
SECTION 5. Chapter 149 of the General Laws is hereby amended by inserting after section 148D the following 2 sections:
Section 148E. (a) As used in this section and sections 148F and 148G, inclusive, the following words shall have the following meanings unless the context clearly indicates otherwise:
“Labor contractor”, a person or entity that obtains, engages or provides 1 or more individuals to perform labor or services, with or without a written contract, directly or indirectly, to a lead contractor or from a labor subcontractor.
“Labor subcontractor”, a person or entity that engages or provides 1 or more individuals to perform labor or services, with or without a written contract, directly or indirectly, to a labor contractor.
“Lead contractor”, a person or entity that obtains, engages or is provided with 1 or more individuals, directly from a labor contractor or indirectly from a labor subcontractor, to perform labor or services that has a significant nexus with the lead contractor’s business activities, operations or purposes.
“Notice”, a written communication mailed, postage prepaid, or hand delivered to the lead contractor’s place of business, registered agent, officer, director, worksite manager or a supervisor, or any other individual identified by the lead contractor as its representative. Notice shall include, if known and available, the name of the employer, the amount of the claim or an explanation of any data needed to calculate the amount of the claim and the dates that the claimant worked.
“Owner”, a person or entity with an ownership interest that contracts for labor or services outside of its usual course of business.
“Successor entity”, a person or entity that (i) has 1 or more of the same principals, trustees or officers as the person or entity subject to liability; and (ii) is engaged in the same or equivalent trade or activity. A successor entity shall not include an individual transferring jobs in the same or equivalent trade or field.
“Wage theft”, a violation of sections 27, 27F, 27G or 27H of chapter 149, the first and third sentences and the fourth paragraph of section 148 of chapter 149, wage theft violations as otherwise defined by this paragraph in section 148B of chapter 149, the fourth sentence of section 150 of chapter 149, section 152A of chapter 149, subsections (c) or (d) of section 159C of chapter 149, or sections 1, 1A, 2A or 7 of chapter 151.
(b) An employer, except a staffing agency as defined by section 159C that is licensed or registered pursuant to sections 46A to 46R, inclusive, of chapter 140, shall provide each worker, not later than 10 days after the commencement of employment, with written notice in the language the employer normally uses to communicate employment-related information to the worker, of the following information: (i) the rate or rates of pay and the basis for those rates, whether paid by the hour, shift, day, week, salary, piece, commission or otherwise, including methods of calculation for overtime, if applicable; (ii) allowances, if any, claimed as part of the minimum wage, including meal, tip or lodging allowances; (iii) the regular pay day designated by the employer; (iv) the name of the employer, including any “doing business as” names used by the employer; (v) the physical address of the employer’s main office or principal place of business and mailing address, if different; (vi) the telephone number of the employer; and (vii) the name, address, and telephone number of the employer’s workers’ compensation insurance carrier.
(c) (1) A lead contractor shall be subject to joint and several civil liability with a labor contractor and a labor subcontractor for wage theft, including treble damages and attorney’s fees as identified in Section 150, provided that written notice of the alleged violation to be raised in that action is provided to the lead contractor, labor contractor and labor subcontractor, if applicable, not more than 45 days from the last occurrence of the alleged wage theft.
(2) A labor contractor shall be subject to joint and several liability with a labor subcontractor with whom the labor contractor has privity of contract, or implied contract, for wage theft, including treble damages and attorney’s fees as identified in Section 150, provided that written notice of the alleged violation to be raised in that action is provided to the labor contractor and labor subcontractor not more than 45 days from the last occurrence of the alleged wage theft.
(3) A lead contractor’s joint and several liability shall be limited to 120 consecutive days of any alleged wage theft, counting back the 120 days from the day of the last violation prior to the notice. This 120-day damages limitation period shall not impact other wage violation remedies available to a claimant.
(4) Notice of wage theft violations may be provided by a worker or any other designated person on behalf of similarly situated workers. Any person or entity having a contract with such lead contractor who receives notice shall deliver copies of it forthwith to the lead contractor and either the labor contractor or labor subcontractor that is alleged to have committed wage theft.
(5) A successor entity to any lead contractor, labor contractor or labor subcontractor subject to liability under this section shall also be liable under this section.
(6) An owner shall not be subject to liability under subsection (c) unless the owner is a lead contractor, labor contractor or labor subcontractor. Subsection (c) shall not impose individual liability on a homeowner for the labor or services received at the homeowner’s place of residence or the owner of a home-based business for labor or services received at the homeowner’s place of business.
(7) A written offer and payment in full of all such wages allegedly owed during the 45-day period after a receipt of the notice by a lead contractor, labor contractor or labor subcontractor shall extinguish a lead contractor’s liability for damages under this section.
(8) If a good faith settlement denial or a partial payment is issued for an alleged wage theft violation within a 45-day period, a lead contractor or a labor contractor shall not be subject to joint and several liability, treble damages or attorney’s fees as identified in section 150, and in support of its contention that it responded in good faith, it may offer evidence that it conducted a timely and thorough investigation, as determined by a court of competent jurisdiction, of a labor contractor or a labor subcontractor’s violation with no finding of fault as an affirmative defense. Such an investigation would require: i) an acknowledgment and reasonably prompt action upon receiving notice; ii) adopting and implementing reasonable standards for the prompt investigation; iii) conducting a reasonable investigation based upon all available information; iv) issuing prompt, fair and equitable settlement of wage theft violation claims in which liability has become reasonably clear; and v) provided the claimant or its designee is provided with a record of the investigation and the results of the investigation.
(d) For purposes of this section, a labor contractor or a labor subcontractor shall indemnify a lead contractor for any wages, damages, interest, penalties or attorneys’ fees owed or incurred by the lead contractor as a result of the labor contractor or labor subcontractor’s wage theft. For purposes of this section, a labor subcontractor shall indemnify a labor contractor for any wages, damages, interest, penalties or attorneys’ fees owed by the labor contractor as a result of the labor subcontractor’s wage theft.
(e) When a lead contractor receives written notice that a labor contractor or labor subcontractor has allegedly failed to pay wages to a person or persons performing labor for the lead contractor, the lead contractor may do one or both of the following: (i) provide the unpaid wages directly to the person or persons performing labor for the lead contractor; or (ii) withhold or cause to be withheld from any payment due to the labor contractor or labor subcontractor the amount sufficient to satisfy the unpaid wages.
(f) When an individual applies for unemployment benefits pursuant to chapter 151A, and wage theft occurred during the base period as determined based on credible evidence, the individual’s unemployment benefits shall be calculated as if wages had been timely and lawfully paid.
(g) The attorney general shall enforce this section and may obtain injunctive or declaratory relief. Violation of this section shall be subject to paragraphs (1), (2), (4) and (7) of subsection (b) of section 27C, and subsection (d) of section 27C, except in cases where the lead contractor, labor contractor or labor subcontractor provides payment in full during the 45-day notice period for any wages allegedly owed, as described in subsection (c).
(h) No person or entity shall by contract or any other means be exempted from subsections (a), (b), (c), (e), (f), (g), or (h), or from section 148F. Nothing in this chapter shall limit the availability of other remedies at law or equity.
(i) The attorney general may promulgate regulations to implement this section.
(j) A lead contractor, labor contractor or labor subcontractor shall not be subject to joint and several liability for non-payment of retirement and health and welfare benefits to an employee benefits fund that has its own collection procedures for delinquent employer remittance as prescribed in a collectively bargained agreement pursuant to the Taft Hartley Act. This shall apply to section 27 and section 150C of chapter 149.
Section 148F. (a) The attorney general may investigate a claim of wage theft. Upon finding that any person or entity has engaged in a wage theft violation, the attorney general may issue a stop work order to an employer, requiring the cessation of all business operations of the violating person or entity as to the specific place of business and employment for which the violation exists. Said notice shall also be issued to the officer or agent of the employer and the lead contractor, if any.
Not less than 5 days before the commencement of a stop work order under this section, the attorney general shall notify the violating person or entity and the lead contractor, if any, of the intended action and give the person or entity an opportunity to confer with the attorney general in person or through counsel or other representative as to the proposed action. Notice shall be given to the person or entity by mail, postage prepaid, to the usual place of business or, if there is no usual place of business, to the last known address.
The stop work order may be issued only against the person or entity that has engaged in a wage theft violation and only as to the specific place of business or employment for which the violation exists. The stop work order shall be effective 48 hours after it is served unless a timely appeal request is filed pursuant to subsection (b). A stop work order shall be served in hand or at a place of business, employment or job site by posting a copy of the stop work order in a conspicuous location. A stop work order shall be released by the attorney general upon a finding that the violation has been corrected.
(b) A person or entity aggrieved by the imposition of a stop work order shall have 10 days from the date of its service to make a request for a hearing. A person or entity that timely files such an appeal shall be granted a hearing in accordance with chapter 30A not later than 21 days after receipt of the appeal. The stop work order shall not be in effect during the pendency of a timely filed appeal.
(c) A stop work order imposed against a person or entity shall be effective against any successor entity as defined by section 148E.
(d) An employee affected by a stop work order pursuant to this section shall be paid their regular rate for the period the stop work order is in place or the first 10 days the employee would have been scheduled to work if the stop work order had not been issued, whichever is less, by the person or entity that was served the stop work order. Time lost by an employee affected by a stop work order pursuant to this section, not exceeding 10 days, shall be considered time worked under chapters 149 and 151. Subsection (c) of section 148E shall not apply to wages due and payable under this subsection.
(e) The attorney general may promulgate regulations to implement this section.
SECTION 6. Chapter 149 of the General Laws is hereby amended by inserting after section 148F the following section:-
Section 148G. (a) For purposes of this section, the following terms shall have the following meanings:
(1) “Aggrieved person”, any employee or former employee, or person providing services for remuneration to another against whom one or more of the alleged violations was committed by the alleged violator, whether or not employed by the violator at the time an action is filed, including any person who is not classified by an employer as an employee but who claims to be an employee and whose claims against the purported employer relate to such alleged misclassification.
(2) “Public enforcement action”, a civil action brought by a relator under this section to enforce protections enforceable by the attorney general.
(3) “Relator”, a whistleblower that acts as a plaintiff in a public enforcement action under this section.
(4) “Whistleblower”, an aggrieved person or any current or former employee, contractor, subcontractor, employee of a lead contractor, labor contractor or labor subcontractor of the defendant, vendor, or client with knowledge of the alleged violations that is independent of and materially adds to any publicly disclosed information about the alleged violations.
(b) (1) A relator, on behalf of the attorney general and with the consent of the aggrieved person or persons, may initiate a public enforcement action pursuant to the procedures and subject to the limitations specified in subsection (e) of this section. Such action may be brought in any court of competent jurisdiction. Such an action may allege multiple violations that have affected different parties aggrieved by the same defendant.
(2) For purposes of public enforcement actions brought pursuant to this section, whenever the attorney general is authorized to assess or seek civil remedies, including penalties, equitable and declaratory relief, and other civil relief, for a violation of wage theft, as defined by section 148E of this chapter, a court is hereby authorized to assess the same civil remedies.
(3) When a civil remedy is recovered pursuant to decision or settlement in any public enforcement action, the relator shall be awarded reasonable attorneys’ fees and costs.
(4) Nothing in this section shall operate to limit an aggrieved party’s right to pursue a private action based on the same violation or injury.
(5) Nothing in this section shall operate to limit the attorney general’s right to seek restitution and damages, where available, for aggrieved parties as part of a public enforcement action in which it has intervened.
(6) Civil penalties or fines recovered in a public enforcement action or settlement of a proposed action shall be distributed as follows:
(i) one-third to the aggrieved person;
(ii) one-third to the Community Outreach and Labor Education Fund established in subsection (f) of this section; and
(iii) one-third to the attorney general.
Any funding received by the attorney general under this section shall be continuously appropriated to supplement, and not supplant, other funding for those purposes.
(7) The right to bring a public enforcement action under this section shall not be impaired by any special contract.
(8) Notwithstanding any other provision of law, a public enforcement action authorized by this section shall be commenced within the same period of time that the attorney general has to take enforcement action under section 150 of this chapter or section 20A of chapter 151. The statute of limitations for bringing a public enforcement action under this section shall be tolled from the date that a relator files a notice pursuant to subsection (e) of this section with the attorney general, or the date that the attorney general commences an investigation, whichever is earlier.
(c) (1) Notwithstanding the provisions of subsection (b) of this section, no public enforcement action may be brought by a relator:
(i) If the attorney general, on the same facts and theories, cites a person or entity within the time periods set forth in subsection (e) of this section for a violation of the same section or sections of the General Laws under which such relator is attempting to recover a civil penalty or other remedy on behalf of aggrieved employees or others, or files a proceeding to assess penalties or to enforce other remedies available to the attorney general, provided that the attorney general provides notice to the relator pursuant to subsection (e) of this section. Public enforcement actions belong to the attorney general and preclude subsequent attorney general enforcement efforts based on the same facts and law, whether brought by the attorney general or by a relator under this section. However, nothing in this section shall operate to limit the attorney general’s right to seek additional civil remedies for aggrieved parties as part of a public enforcement action in which it has intervened; or
(ii) For any violation of a posting, notice, agency reporting, or filing requirement, except where the filing or reporting requirement involves mandatory payroll reporting.
(2) The attorney general shall establish a publicly available online database of public enforcement actions brought pursuant to this section, which may include the names of the parties, the date filed, the disposition, and any other information that the attorney general shall by regulation prescribe.
(d) (1) No one shall retaliate or take adverse action in any manner against an aggrieved person or whistleblower, or threaten to retaliate or take adverse action, because:
(i) the aggrieved person or whistleblower has brought a public enforcement action;
(ii) the aggrieved person or whistleblower has cooperated with a relator in a public enforcement action or the attorney general in investigating, prosecuting, or intervening in a public enforcement action; or
(iii) it is anticipated that the aggrieved person or whistleblower may bring a public enforcement action or cooperate with one.
(2) Any person aggrieved by a violation of this subsection may enforce it as provided by section 27C or section 150 of this chapter, or as provided by section 19 of chapter 151.
(e) (1) No public enforcement action pursuant to this section may be commenced prior to 60 days after written notice of the claim has been filed by the relator with the attorney general.
(2) The relator shall submit a filing fee of no less than 75 dollars with each filing of notice, subject to any waiver, in accordance with regulations promulgated by the attorney general. Notice and submission of the filing fee shall toll the statute of limitations on the enforcement action for which notice has been provided.
(3) The attorney general shall establish an online portal to provide for efficient electronic filing of the notice.
(4) The notice shall include:
(i) The name, address, and contact information of the alleged violator;
(ii) The name and contact information of the relator;
(iii) The name, address, and contact information of the relator’s legal counsel, should one exist; and
(iv) A concise statement of the underlying claim reasonably calculated to apprise the attorney general of the substance and nature of the claim.
(5) The attorney general shall, by regulation, provide for the right of a relator to furnish an amended notice, if the attorney general determines that the relator’s original notice pursuant to paragraph (1) of this subsection was not in compliance with this section or the regulations issued thereunder. Such determination by the attorney general shall identify with particularity the deficiencies in the original notice. The relator shall have 30 days from receiving the determination of the attorney general of noncompliance with this section to amend the notice. The amended notice will relate back to the original notice.
(6) If the attorney general intends to investigate the alleged violation, it shall notify the relator of its decision within 30 days of the date of the notice received pursuant to paragraph (1) of this subsection. Within 120 days of that decision, the attorney general may investigate the alleged violation and issue any appropriate citation. If the attorney general, during the course of its investigation, determines that additional time is necessary to complete the investigation, it may extend the time by not more than 60 additional days and shall issue a notice of the extension. If the attorney general determines that a citation will not be issued, it shall notify the relator of that decision within five business days.
(7) If, within 30 days, the attorney general notifies the relator that it does not intend to investigate the alleged violation, the relator may bring a public enforcement action. If, upon an investigation, the attorney general determines that no citation will be issued, it may authorize the relator to commence a public enforcement action.
(8) If more than one relator files a public enforcement action on the same facts or allegations as another relator, the actions may be consolidated under Rule 42 of the Massachusetts Rules of Civil Procedure.
(9) If the attorney general does not object to the filing of a public enforcement action pursuant to this section, but objects to the attorney general being represented by a particular attorney proposed by the relator, the attorney general may, within the time limits set forth in paragraph (6) of this subsection, put the relator on notice of the attorney general’s objection. The attorney general will establish regulations for notice and a hearing, for purposes of reviewing the attorney general’s objection to counsel. Upon finding, after notice and hearing, that, based on the attorney’s past conduct while representing a client or clients, the attorney does not meet the required professional standards of representatives, or, alternatively, if the attorney fails to zealously pursue the remedies available under this section, the attorney general may order that the public enforcement shall not be filed by the particular attorney on behalf of the relator.
(10) The attorney general may intervene in a public enforcement action and proceed with any and all claims in the action:
(i) As of right within 30 days after the filing of the action; or
(ii) For good cause shown, as determined by the court, after the expiration of the 30-day period after the filing of the action.
(11) If the attorney general intervenes in an action it shall have primary responsibility for prosecuting the action and shall not be bound by an act of the relator bringing the action. In such cases, the relator shall remain a party to the action. The attorney general may move to dismiss or settle the action after the relator has been notified of the filing of the motion and has been provided with an opportunity to be heard, and the court determines that such dismissal or settlement is fair, adequate, reasonable, and in the public interest. Any disposition by the attorney general shall provide compensation for reasonable attorneys’ fees and costs expended on behalf of the relator in instituting the action.
(12) If the attorney general does not intervene in the action, the relator shall have the right to conduct such an action subject to the following limitations:
(i) The court shall review and approve any settlement of any action filed pursuant to this section. The proposed settlement shall be submitted to the attorney general concurrent with submission to the court. The court shall approve a settlement of the action only upon a determination that such settlement or voluntary dismissal is fair, adequate, reasonable, and in the public interest.
(ii) If the attorney general so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts. The attorney general shall bear any costs associated with service of such pleadings and depositions.
(13) No public enforcement action brought pursuant to this section shall be subject to the requirements of Rule 23 of the Massachusetts Rules of Civil Procedure.
(14) A relator is not allowed to act on behalf of the attorney general in any other manner or capacity except as stated in this section. The ability to bring a public enforcement action shall not include investigatory actions or stop work orders on behalf of the Attorney General’s office.
(f) (1) There shall be established a fund known as the Community Outreach and Labor Education Fund, separate and distinct from the General Fund. Interest earned by the Community Outreach and Labor Education Fund shall be credited to the same Fund. All moneys in the Community Outreach and Labor Education Fund shall be continuously appropriated for the purpose of awarding grants as provided in paragraph (2) of this subsection. The treasurer of the commonwealth shall credit such funds recovered under subsection (b)(6) of this section attributed to the Community Outreach and Labor Education Fund to this fund.
(2) Moneys in the Community Outreach and Labor Fund shall be granted from time to time by the attorney general to organizations that are tax-exempt under subsection (c)(3), (c)(4) or (c)(5) of the federal Internal Revenue Code, 26 U.S. C. section 501, for purposes of funding outreach, education and technical assistance to Massachusetts workers pertaining to workplace rights. The Attorney General shall promulgate regulations relative to further distribution and disbursal of recoveries. Any funding received from the attorney general under this section shall be continuously appropriated to supplement, and not supplant, other funding for those purposes. Amounts remaining in the fund at the end of a fiscal year shall not revert to the General Fund but shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.
(3) Grants provided from the Community Outreach and Labor Education Fund shall be used for activities to assist workers in enforcing employment rights, including but not limited to outreach, community-based education events, training materials, technical assistance, counseling, research and referral services.
(g) This section shall be liberally construed in light of its remedial purposes to expand the enforcement of statutes protecting workers in the commonwealth.
SECTION 7. Section 150 of said chapter 149, as so appearing, is hereby amended by inserting, in line 22, after the word “148C” the following word:- ", 148E".
SECTION 8. Section 150C of said chapter 149, as so appearing, is hereby amended by striking out, in line 9, the words “one thousand dollars,” and inserting in place thereof the following words:- $1,000 or shall be subject to a civil citation or order as provided in subsection (b) of section 27C.
SECTION 9. Said section 150C of said chapter 149, as so appearing, is hereby further amended by adding the following sentence:- The president and treasurer of a corporation and any officers or agents having the management of such corporation and who have knowledge or should have had knowledge of general operations shall be considered the employers of the employees of the corporation for the purposes of this section.
SECTION 10. Section 19 of chapter 151 of the General Laws, as so appearing, is hereby amended by striking out subsection (1) and inserting in place thereof the following subsection:-
(1) (a) Any person or entity, including an employer or its agent, who in any manner discriminates or takes adverse action, or threatens to discriminate or take adverse action, against any person because that person has opposed a violation of this chapter, complained to the attorney general or to any other person of a violation of this chapter, assisted any other person in exercising rights under this chapter, informed any other person of rights under this chapter, or instituted, assisted in, or testified in any investigation or proceedings under or related to this chapter, or because of a belief that the person may in the future engage in any such actions, shall have violated this section and shall be punished or subject to civil proceedings as provided in subsection (b) or subsection (d) of section 27C, or section 150, and shall recover actual damages, compensatory damages, punitive damages, injunctive relief or any other appropriate relief.
(b) There shall be a rebuttable presumption of a violation of this subsection if a person or entity discriminates or takes adverse action, or threatens to discriminate or take adverse action, against any person within 90 days of that person’s exercise of rights under this chapter, including activity protected by this subsection. This presumption may be rebutted by clear and convincing evidence that the action was taken for a permissible purpose and that it would have been taken in the absence of the protected activity.
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An Act relative to fairness in workers' compensation disfigurement benefits
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S1159
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SD1089
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T21:07:03.573'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T21:07:03.5733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T11:41:38.0866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1159/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1159) of Sal N. DiDomenico for legislation relative to fairness in worker’s compensation disfigurement benefits. Labor and Workforce Development.
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Section 36(k) of chapter 152 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the following words "fifteen thousand dollars" and inserting in place thereof the following words:- "not to exceed a sum equal to the average wage in the commonwealth on the date of the injury multiplied by thirty, as determined pursuant to subsection (a) of section 29 of chapter 151A"
and by striking out the following words:- “No amount shall be payable under this section for disfigurement that is purely scar-based, unless such disfigurement is on the face, neck, or hands."
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J43', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J43'}, 'Votes': []}]
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An Act improving child eye care
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S116
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SD816
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T10:48:11.593'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T10:48:11.5933333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-22T11:42:33.43'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-14T12:46:49.63'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-04-12T13:38:51.4666667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-12T13:38:51.4666667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-01T14:06:19.37'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T16:44:28.9633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S116/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 116) of Michael O. Moore and Bruce E. Tarr for legislation to improve child eye care. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by adding after section 237 the following 2 sections:-
Section 238. There shall be a children’s vision and eye health advisory council within the department.
The council shall be appointed by the commissioner, who shall serve as chair, and shall consist of 13 additional members, including the commissioner of the Department of Elementary and Secondary Education, or a designee; the Commissioner of Early Education and Care, or a designee; the Assistant Secretary for MassHealth, or a designee; 1 member of the Massachusetts School Nurse Organization; 1 member of the Massachusetts Society of Optometrists; 1 member of the Massachusetts Society of Eye Physicians and Surgeons; 1 member of the Massachusetts Chapter of the American Academy of Pediatrics; 1 member of the Massachusetts Academy of Family Physicians; 1 representative from the Massachusetts League of Community Health Centers; 1 member of the Massachusetts Federation for Children with Special Needs; 1 member of the Children’s Vision Massachusetts Coalition; 3 parents to be appointed by the commissioner, one of whom shall be a recipient of MassHealth, and one of whom shall reside in a gateway city. The commissioner may appoint additional members that the commissioner deems appropriate.
Council members shall receive no compensation for their services, but shall be allowed actual and necessary expenses in the performance of their council duties.
The council shall consult with and advise the department on matters related to the establishment, maintenance, operation and evaluation of children’s vision and eye health in the Commonwealth, including but not limited to the universal children’s vision surveillance registry, public health campaigns designed to encourage improved children’s eye health, and expansion of screening systems to other age groups. The council shall establish recommendations for improved children’s vision and eye health to facilitate short and long-term vision and eye health goals.
The advisory council shall report findings and recommendations annually to the Joint Committee on Public Health and Joint Committee on Ways and Means.
SECTION 2. Chapter 111 of the General Laws is further amended by adding after section 238 the following section:-
Section 238A. The department shall establish, maintain, and operate a computerized registry of children’s vision screening and eye care. The registry shall record the results of vision and eye health screenings and follow-up eye care and shall include appropriate controls to protect the security of the system and the privacy of the information.
The department shall promulgate rules and regulations to implement children’s vision registry.
All licensed healthcare providers practicing who administer vision and eye health screenings and eye exams shall report to the registry such data related to screenings as the department determines is necessary to ensure adequate and equitable eye care.
Information in the registry shall only be released from the registry to the following individuals and agencies without further express consent of the individual or the individual’s parent or guardian if the individual is a minor, unless the individual or the parent or guardian objects to such disclosure: (1) licensed health care providers providing direct care to the individual patient; (2) preschool, elementary and secondary school nurses; (3) staff of state agencies or state programs whose duties include education and outreach related to the improvement of children’s eye care amongst their clients.
The department may designate appropriate users who shall have access only to the individually identifiable information for which access is authorized. Authorized users, including employees of the department, who in good faith disclose or refuse to disclose information to the immunization registry, shall not be liable in any cause of action arising from the disclosure or nondisclosure of such information. The department may revoke access privileges for just cause.
Persons authorized by the commissioner may conduct research studies to further enhance understanding of children’s vision needs in the Commonwealth; provided, however, that the researcher shall submit a written request for information and shall execute a research agreement that protects the confidentiality of the information provided.
Information contained in the children’s vision registry shall be confidential, shall not constitute a public record, and shall not otherwise be disclosed, except in accordance with this section. Such confidential information shall not be subject to subpoena or court order, and shall not be admissible as evidence in any action of any kind before a court, tribunal, agency, board or person.
The department shall establish procedures that allow for an individual, or if the individual is a minor, then the individual’s parent or guardian to amend incorrect information in the children’s vision registry and shall provide, upon request, a record of all individuals and agencies that have accessed an individual’s information.
SECTION 32. Section 57 of chapter 71, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 4, the words “the individual request of a parent or guardian of a pupil in”,
SECTION 43. Said section 57 of said chapter 71, as so appearing, is hereby further amended by inserting, in line 27, after the word “entering”, the following words:-
“preschool or”
SECTION 54. Said section 57 of said chapter 71, as so appearing, is hereby further amended by striking out the second paragraph.
SECTION 65. Said section 57 of said chapter 71, as so appearing, is hereby further amended by inserting, in line 52, after the word “personnel”, the following words:- and the children’s vision registry established in section 238A of chapter 111.
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An Act relative to nondiscrimination
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S1160
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SD1674
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T14:02:28.26'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T14:02:28.26'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T14:28:09.3233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T11:42:59.5066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1160/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1160) of Sal N. DiDomenico and Rebecca L. Rausch for legislation relative to nondiscrimination. Labor and Workforce Development.
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SECTION 1. Chapter 151B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:- "Section 11: Each executive department and agency shall develop, adhere to and update a plan to address the nondiscrimination provisions as set forth in this chapter. The plan shall apply to all personnel, including, but not limited to, volunteers and interns, agency line staff, managers, administrators, executives, contracted vendors and program staff (hereinafter “personnel”). The plan shall be updated at least biennially. Each plan shall include, but not be limited to: descriptions of and statements prohibiting discrimination as outlined in this chapter; procedures for collecting and maintaining demographic data; procedures for all personnel and others to report discrimination or retaliation; a provision that reports of discrimination or retaliation may be made anonymously; procedures for promptly responding to and investigating reports of discrimination or retaliation; the range of disciplinary actions that may be taken against a perpetrator for discrimination or retaliation; provided, however, that the disciplinary actions shall include training for appropriate language, behavior and cultural competence, strategies for protecting from retaliation a person who reports discrimination, provides information during an investigation of discrimination. The plan should detail a plan and timeline for personnel training on nondiscrimination and equal access under chapter 151B of the acts of 2018.
SECTION 2. Each executive department and agency shall submit nondiscrimination plans, as outline in section 1, to the Clerks of the House and Senate, the Joint Committee on the Judiciary, the Joint Committee on State Administration and Regulatory Oversight, the Massachusetts Commission Against Discrimination, and Office of Diversity and Equal Opportunity no later than January 1, 2023.
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An Act clarifying the prevailing wage act to protect actions by the attorney general
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S1161
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SD2004
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-20T11:01:41.203'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-20T11:01:41.2033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1161/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1161) of Sal N. DiDomenico for legislation to clarify the prevailing wage act to protect actions by the attorney general. Labor and Workforce Development.
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SECTION 1. Section 27 of Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended striking the fourth paragraph, and replacing it thereof with the following:-
"An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits; provided, however, that the 3 year limitation period shall be tolled from the date that the employee or a similarly situated employee files a complaint with the attorney general alleging a violation of any of these sections until the date that the attorney general issues a letter authorizing a private right of action or the date that an enforcement action by the attorney general becomes final. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees."
SECTION 2. Section 27F of Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended striking the third paragraph, and replacing it thereof with the following:-
"An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits; provided, however, that the 3 year limitation period shall be tolled from the date that the employee or a similarly situated employee files a complaint with the attorney general alleging a violation of any of these sections until the date that the attorney general issues a letter authorizing a private right of action or the date that an enforcement action by the attorney general becomes final. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees."
SECTION 2. Section 27G of Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended striking the second paragraph, and replacing it thereof with the following:-
"An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits; provided, however, that the 3 year limitation period shall be tolled from the date that the employee or a similarly situated employee files a complaint with the attorney general alleging a violation of any of these sections until the date that the attorney general issues a letter authorizing a private right of action or the date that an enforcement action by the attorney general becomes final. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees."
SECTION 3. Section 27H of Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended striking the second paragraph, and replacing it thereof with the following:-
"An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits; provided, however, that the 3 year limitation period shall be tolled from the date that the employee or a similarly situated employee files a complaint with the attorney general alleging a violation of any of these sections until the date that the attorney general issues a letter authorizing a private right of action or the date that an enforcement action by the attorney general becomes final. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees."
SECTION 4. Section 27 of Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended striking the word "27B" and replacing it thereof with the following:- "27H".
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An Act relative to non-fault unemployment insurance overpayments
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S1162
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SD12
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-05T15:13:10.413'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-05T15:13:10.4133333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-11T11:12:46.2566667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-08-01T17:03:59.7233333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-08-01T17:03:59.7233333'}]
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 1162) of Lydia Edwards and Sal N. DiDomenico for legislation relative to non-fault unemployment insurance overpayments. Labor and Workforce Development.
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SECTION 1. Section 69 of chapter 151A of the General Laws is hereby amended by striking out subsection (c), as appearing in the 2020 Official Edition, at lines 22 through 26, and inserting in place thereof the following:-
(c) Waiver of Non-Fault Overpayments:
(i) The commissioner shall waive recovery of an overpayment of benefits, including dependency allowances, paid pursuant to chapter 151A of the General Laws to an individual who, in the judgment of the commissioner, is without fault.
(ii) The commissioner shall waive recovery of an overpayment of benefits, including dependency allowances, paid through the Department of Unemployment Assistance pursuant to any other state or federal law which authorizes the Department to waive recovery of overpayments and to the extent permitted by any standards and consistent with any procedures which may be established by the law under which the benefit payments are made, to an individual who, in the judgment of the commissioner, is without fault.
(iii) For any overpayment of benefits which cannot be waived pursuant to subsection (c)(i) or (c)(ii), the commissioner shall waive recovery of the overpayment of benefits, including dependency allowances, paid pursuant to chapter 151A of the General Laws or through the Department of Unemployment Assistance pursuant to any other state or federal law which authorizes the Department to waive recovery of overpayments and to the extent permitted by any standards and consistent with any procedures which may be established by the law under which the benefit payments are made, to an individual who, in the judgment of the commissioner, is without fault and where, in the judgment of the commissioner, such recovery would defeat the purpose of benefits otherwise authorized or would be against equity and good conscience.
(iv) Any person aggrieved by a determination or decision of the commissioner that recovery of an overpayment not be waived shall have the right to appeal such determination or decision in accordance with the provisions set forth in sections thirty-nine to forty-two, inclusive.
(v) The commissioner shall provide multilingual notice of the availability of the overpayment waiver standards and process described in this subsection to all individuals overpaid benefits paid under chapter 151A or through the Department of Unemployment Assistance pursuant to any other state or federal law which authorizes the Department to waive recovery of overpayments, as required by subsection (c)(iii) of section 62A of chapter 151A.
SECTION 2. Section 69B of chapter 151A of the General Laws, is hereby amended by striking the sentence, as so appearing, at lines 1 through 9, and inserting in place thereof the following:-
In addition to any other remedy provided by this chapter, the commissioner may request that the amount payable to the department by an individual resulting from an overpayment of unemployment benefits which has become final as specified in 430 CMR 6.12 be set off against any refund owed such individual by the department of revenue if and only if the commissioner has determined that the individual was at fault for the overpayment to be set off in a decision which has become final as specified in section 69D of chapter 151A of the General Laws; provided, however, that such individual is notified of the intention to request a set off of the amount owed and the right to apply to the commissioner for a review of such intention.
SECTION 3. Section 69B of chapter 151A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the sentence, as so appearing, in lines 25 through 31 and inserting in place thereof the following:-
In addition to any other remedy provided by this chapter, the commissioner may request that the amount payable to the department by an individual resulting from an overpayment of unemployment benefits which has become final as specified in 430 CMR 6.12 be set off against any federal tax refund payment owed such individual by the United States Department of Treasury in accordance with the requirements of the treasury offset program pursuant to section 14Q if and only if the commissioner has determined that the individual was at fault for the overpayment to be set off in a decision which has become final as specified in section 69D of chapter 151A of the General Laws or if such set off is otherwise required by the treasury offset program.
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An Act providing opportunities for apprentices to complete their training and ensuring for a skilled workforce in the Commonwealth of Massachusetts
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S1163
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SD1656
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-17T14:01:46.2'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-17T14:01:46.2'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T13:28:22.42'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-27T13:42:15.1833333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T11:19:53.1766667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-31T11:19:53.1766667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-01T16:54:11.77'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T11:52:56.8833333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-11T11:14:36.2166667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:14:36.2166667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T16:50:27.2'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T10:35:07.02'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-04-10T13:04:00.8666667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-05-09T12:12:42.2633333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-06-20T15:19:38.92'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-08-30T16:33:19.8233333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-10-16T17:52:33.39'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1163/DocumentHistoryActions
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 1163) of Lydia Edwards, Susannah M. Whipps, Marc R. Pacheco, Jack Patrick Lewis and other members of the General Court for legislation to provide opportunities for apprentices to complete their training and ensuring for a skilled workforce in the Commonwealth of Massachusetts. Labor and Workforce Development.
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Section 26 of Chapter 149 is hereby amended by adding at the end:
For projects over one million dollars, the total hours of employees, by trade, receiving an hourly wage who are directly employed on the site of the project, employed by the contractor or a subcontractor and subject to the prevailing wage, shall be performed by apprentices in bona fide apprentice training programs as provided in sections 11H and 11I of chapter 23 of the General Laws which are approved by the division of apprentice training in the executive office of labor and workforce development and in compliance with apprentice ratios established by any trades license board.
Six months after the passage of this act 5% of the hours shall be performed by apprentices.
One year after 10%
Two years after 15%
Section 6 of Chapter 149 A shall be amended by adding a new section:
(f) For projects over one million dollars, the total hours of employees, by trade, receiving an hourly wage who are directly employed on the site of the project, employed by the contractor or a subcontractor and subject to the prevailing wage, shall be performed by apprentices in bona fide apprentice training programs as provided in sections 11H and 11I of chapter 23 of the General Laws which are approved by the division of apprentice training in the executive office of labor and workforce development and in compliance with apprentice ratios established by any trades license board.
Six months after the passage of this act 5% of the hours shall be performed by apprentices.
One year after 10%
Two years after 15%
Chapter 30 Section 39m is hereby amended by adding a new section:
(f) For projects over one million dollars, the total hours of employees, by trade, receiving an hourly wage who are directly employed on the site of the project, employed by the contractor or a subcontractor and subject to the prevailing wage, shall be performed by apprentices in bona fide apprentice training programs as provided in sections 11H and 11I of chapter 23 of the General Laws which are approved by the division of apprentice training in the executive office of labor and workforce development and in compliance with apprentice ratios established by any trades license board.
Six months after the passage of this act 5% of the hours shall be performed by apprentices.
One year after 10%
Two years after 15%
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An Act protecting warehouse workers
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S1164
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SD1807
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-19T23:47:03.83'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-19T23:47:03.83'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-26T15:08:52.5266667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:15:59.1833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T11:58:08.6933333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T19:07:18.7133333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-15T20:42:05.5733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-08-01T17:03:37.7933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1164/DocumentHistoryActions
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 1164) of Lydia Edwards, Paul W. Mark, James B. Eldridge, Patrick M. O'Connor and others for legislation to protect warehouse workers. Labor and Workforce Development.
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SECTION 1: Section 1 of Chapter 149 of the Massachusetts General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following definitions:
"Defined time period" means any unit of time measurement equal to or less than the duration of an employee's shift, and includes hours, minutes, and seconds and any fraction thereof.
"Designated employee representative" means any employee representative, including but not limited to an authorized employee representative that has a collective bargaining relationship with the employer.
"Employee" means a nonexempt and non-administrative employee who works at a warehouse distribution center and is subject to a quota as defined in this section.
(a) "Employee work speed data" means information an employer collects, stores, analyzes, or interprets relating to an individual employee's performance of a quota, including, but not limited to, quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks.
(b) "Aggregated data" means information that an employer has combined or collected together in summary or other form such that the data cannot be identified with any individual.
"Employer" means a person who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary services, or staffing agency, independent contractor, or any similar entity, at any time in the prior twelve months, employs or exercises control over the wages, hours, or working conditions of one hundred or more employees at a single warehouse distribution center or five hundred or more employees at one or more warehouse distribution centers in the state.
(a) all employees employed directly or indirectly, or through an agent or any other person, as described in the above definition, as well as any employee employed by a member of a controlled group of corporations of which the employer is a member, shall be counted in determining the number of employees employed at a single warehouse distribution center or at one or more warehouse distribution centers in the state; and
(b) all agents or other persons, as described in the definition above, and all members of a controlled group of corporations of which the employer is a member, shall be deemed to be employers and shall be jointly and severally responsible for compliance with this article. For purposes of this subdivision, the term "controlled group of corporations" shall be defined as provided under Section 1563 of the Internal Revenue Code, 26 U.S.C. section 1563, except that fifty percent shall be substituted for eighty percent where eighty percent is specified in that definition.
"Person" means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
"Quota" means a work standard which:
(a) an employee is assigned or required to perform:
(i) at a specified productivity speed; or a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period; or
(b) an employee's actions are categorized between time performing tasks and not performing tasks, and the employee's failure to complete a task performance standard or recommendation may have an adverse impact on the employee's continued employment or the conditions of such employment.
"Warehouse distribution center" means an establishment as defined by any of the following North American industry classification system ("NAICS") codes, however such establishment is denominated:
(a) four hundred ninety-three for warehousing and storage;
(b) four hundred twenty-three for merchant wholesalers, durable goods;
(c) four hundred twenty-four for merchant wholesalers, nondurable goods;
(d) four hundred fifty-four thousand one hundred ten for electronic shopping and mail-order houses; or
(e) four hundred ninety-two thousand one hundred ten for couriers and express delivery services.
Section 2: Chapter 149 of the Massachusetts General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following section:
52C ½ : Quotas
Each employer shall provide to each employee, upon hire, or within thirty days of the effective date of this article, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within the defined time period, and any potential adverse employment action that could result from failure to meet the quota. Each time the quota changes thereafter, the employer shall provide an updated written description of each quota to which the employee is subject within two business days of such quota change. Each time an employer takes an adverse employment action against an employee, the employer shall provide that employee with the applicable quota for the employee.
An employee shall not be required to meet a quota that prevents compliance with meal or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom facilities. An employer shall not take adverse employment action against an employee for failure to meet a quota that does not allow a worker to comply with meal and rest periods or for failure to meet a quota that has not been disclosed to the employee pursuant to section seven hundred eighty-one of this article.
Consistent with existing law, paid and unpaid breaks shall not be considered productive time for the purpose of any quota or monitoring system unless the employee is required to remain on call.
1. Each employer shall establish, maintain, and preserve contemporaneous, true, and accurate records of the following:
(a) each employee's own personal work speed data;
(b) the aggregated work speed data for similar employees at the same establishment; and
(c) the written descriptions of the quota such employee was provided pursuant to section seven hundred eighty-one of this article. Such records shall be maintained and preserved throughout the duration of each employee's period of employment and made available to the commissioner upon request.
Subsequent to any employee's separation from the employer, such records relating to the six month period prior to the date of the employee's separation from the employer shall be preserved for a period of time not less than three years subsequent to the date of such employee's separation and made available to the commissioner upon request. Nothing in this section shall require an employer to keep such records if such employer does not use quotas as defined in this article or monitor work speed data.
A current employee has the right to request a written description of each quota to which the employee is subject, a copy of the employee's own personal work speed data, and a copy of the prior six months of aggregated work speed data for similar employees at the same establishment.
A former employee has the right to request, within three years subsequent to the date of his or her separation from the employer, a written description of the quota to which they were subject as of the date of their separation, a copy of the employee's own personal work speed data for the six months prior to their date of separation, and a copy of aggregated work speed data for similar employees at the same establishment for the six months prior to their date of separation.
Such requested records pursuant to this section shall be provided at no cost to the current or former employee.
The employer shall provide such requested records pursuant to this section as soon as practicable, provided that requested written descriptions of the quota shall be provided no later than two business days following the date of the receipt of the request and requested personal work speed data and aggregated work speed data shall be provided no later than seven business days following the date of the receipt of the request.
5. Nothing in this section shall require an employer to use quotas as defined in this article or monitor work speed data. An employer that does not monitor this data has no obligation to provide it.
No person, including but not limited to an employer, his or her agent, or person acting as or on behalf of a hiring entity, or the officer or agent of any entity, business, corporation, partnership, or limited liability company, shall discharge or in any way retaliate, discriminate or take adverse action against any person for exercising any rights conferred under this article, or for being perceived as exercising rights conferred by this article, including but not limited to:
(a) Initiating a request for information about a quota or personal work speed data pursuant to subdivision one of XXX of this article (Right to request section).
(b) Making a complaint related to a quota alleging any violation of this section to the commissioner, any other local, state, or federal governmental agency or official, or the employer.
An employee need not explicitly refer to this article or the rights enumerated herein to be protected from an adverse action. Protections of this section shall apply to former employees and to employees who mistakenly but in good faith allege violations of this article.
If a person takes adverse action against an employee within ninety days of the employee's engaging or attempting to engage in activities protected by this article, such conduct shall raise a rebuttable presumption that the action is an adverse action in violation of this article. Such presumption may be rebutted by clear and convincing evidence that: (a) the action was taken for other permissible reasons; and (b) the engaging or attempting to engage in activities protected by this article was not a motivating factor in the adverse action.
The commissioner shall adopt rules and regulations implementing the provisions of this article. The commissioner shall be authorized to enforce the provisions of this article and to assess civil penalties in a manner consistent with state law.
If a particular worksite or employer is found to have an annual employee injury rate of at least one and one-half times as high as the warehousing industry's average annual injury rate as published by the Bureau of Labor Statistics’ most recent Fatal and Non-fatal Occupational Injuries and Illnesses data, the commissioner shall conduct an investigation of violations pursuant to this section.
A current or former employee or his or her representative may bring an action for injunctive relief to obtain compliance with this article and may, upon prevailing in the action, recover costs and reasonable attorney's fees in such action. In any action involving a quota that prevented the compliance with applicable regulations on workplace safety and health or meal or rest break requirements, the injunctive relief shall be limited to suspension of the quota and restitution and injunctive relief to address any retaliation or other adverse action taken by the employer in relation to the complaint or its enforcement. In any action involving a retaliation in violation this article, in addition to the relief authorized above, a prevailing current or former employee or his or her representative shall be awarded damages equal to the greater of ten thousand dollars or three times the actual damages, including, but not limited to, unpaid wages and benefits.
The attorney general, either upon his or her own complaint or the complaint of any person acting for themselves or the general public, has the authority to prosecute actions, either civil or criminal, for violations of this article, or to enforce the provisions thereof independently and without specific direction of the commissioner.
If any provision of this act, or any application of any provision of this act, is held to be invalid, that shall not affect the validity or effectiveness of any other provision of this act, or of any other application of any provision of this act, which can be given effect without that provision or application; and to that end, the provisions and applications of this act are severable.
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An Act to protect injured workers
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S1165
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SD1227
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-18T18:00:00.653'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-18T18:00:00.6533333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-14T10:10:22.93'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-20T09:34:51.0866667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-04T17:01:07.2033333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-04T17:01:07.2033333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-04T17:01:07.2033333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-04T17:01:07.2033333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-05T17:09:03.75'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-30T16:06:11.8366667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-06-13T11:53:05.0466667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-06-13T16:14:37.03'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-06-15T13:25:24.32'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1165) of James B. Eldridge for legislation to protect injured workers. Labor and Workforce Development.
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SECTION 1. Section 3 of chapter 23E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 46, after the word “claims” the following words:- ; and further provided that the department shall promptly undertake the investigation, hold an investigative conference to obtain any additional evidence or statements, and report the findings regardless of whether a case is open or active in the division of dispute resolution.
SECTION 2. Subsection (a) of section 27C of chapter 149 of the General Laws, as so appearing, is hereby amended by inserting, in line 5, after the number “151,” and also by inserting, in line 15, after the number “151,” the following words:- , or paragraph 2 of section 75B of chapter 152.
SECTION 3. Subsection (b) of said section 27C of said chapter 149 of the General Laws, as so appearing, is hereby amended by inserting, in line 68, after the word “week.” the following sentence:- For purposes of a violation of paragraph 2 of section 75B of chapter 152, restitution shall include actual and compensatory damages, costs and reasonable attorneys’ fees, and rectifying the infraction may include injunctive relief, punitive damages and other appropriate relief.
SECTION 4. Section 1 of chapter 152 of the General Laws, as so appearing, is hereby amended by inserting after the word “death,” in line 39, the following paragraph:-
(3A) “Earnings” includes any wages, based on credible evidence, that the employer was required to pay pursuant to chapter 149, chapter 151, or any other local, state or federal law. When an employer has failed to pay an employee the full amount of wages required by law, and the insurer is required to pay compensation to that employee based on the higher required amount, the employer shall indemnify the insurer for any additional compensation owed under this chapter as a result of the additional wages.
SECTION 5. Section 22 of said chapter 152 of the General Laws, as so appearing, is hereby amended by striking out, in lines 10, 11 and 12, the words “may be given in the manner therein provided or in such other manner as may be approved by the department” and inserting in place thereof the following words:-
shall be given to employees by posting a copy of the notice, as approved and issued by the department, in a visible location utilized by and accessible to all employees of the insured person and, depending on the customary manner in which the insured person communicates with employees, by providing a hard or electronic copy of the notice to each employee at the time of hire and when information contained in the notice changes. The notice shall include information on unlawful retaliation, discrimination and fraud under chapter 152 and shall be made available by the department in English and all other languages required under subsection (d)(iii) of section 62A of chapter 151A. The insured person shall post the notice in English and all other primary or preferred languages of current employees and shall provide the notice to individual employees in their primary or preferred languages, except when the notice is not available from the department in those languages.
SECTION 6. Section 75B of said chapter 152 of the General Laws, as so appearing, is hereby amended by striking out paragraphs (2) to (4) in their entirety and inserting in place thereof the following paragraphs:-
(2) No person or entity, itself or through its agent, may discharge, refuse to hire, or in any other manner discriminate or take adverse action, or to threaten to discharge, refuse to hire, or in any other manner discriminate or take adverse action, against any person because that person has: (i) exercised a right afforded by this chapter, including reporting or seeking care for a work-related injury or illness; (ii) assisted any other person in exercising a right afforded by this chapter; (iii) informed any other person about a right afforded by this chapter; (iv) opposed a violation of this chapter; (v) testified or in any other manner cooperated with an inquiry or proceeding pursuant to this chapter; or (vi) because of a belief that the person may in the future engage in any such actions. For purposes of this paragraph, “adverse action” shall include any action to deprive an employee of any right afforded by this chapter, including through false denial of an employment relationship or false denial that an injury or illness was work related.
(3) There shall be a rebuttable presumption of a violation of paragraph (2) of this section if a person or entity, itself or through its agent, discharges, refuses to hire, or in any other manner discriminates or takes adverse action, or threatens to discharge, refuse to hire, or in any other manner discriminate or take adverse action, against a person within 90 days of that person’s exercise of a right afforded by this chapter, including: (i) reporting or seeking care for a work-related injury or illness; (ii) assisting any other person in exercising a right afforded by this chapter; (iii) informing any other person about a right afforded by this chapter; (iv) opposing a violation of this chapter; (v) or testifying or in any other manner cooperating with an inquiry or proceeding pursuant to this chapter. This presumption may be rebutted by clear and convincing evidence that the adverse action was taken for a permissible purpose and that the action would have been taken in the absence of the person’s exercise of a right afforded by this chapter. For purposes of this paragraph, “adverse action” shall include any action to deprive an employee of any right afforded by this chapter, including through false denial of an employment relationship or false denial that an injury or illness was work related.
(4) A person claiming to be aggrieved by a violation of paragraph 2 of this section may file a complaint with the attorney general, who may initiate criminal or civil proceedings pursuant to section 27C of chapter 149. Alternatively, a person claiming to be aggrieved by a violation of paragraph 2 of this section may, within 3 years after the violation, initiate a civil action; provided, however, that the 3-year limitation period shall be tolled from the date that the person files a complaint with the attorney general alleging violation of paragraph 2 of this section until the date that the attorney general’s office declines to pursue enforcement of that complaint or the date that an enforcement action by the attorney general becomes final. A person so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits, other actual and compensatory damages, costs of litigation and reasonable attorneys’ fees and may be awarded injunctive relief, punitive damages and other appropriate relief.
(5) Upon a determination by the commissioner that a request for data maintained by the department is intended to be used in such a manner as to violate the purposes of this section, the commissioner may find that the disclosure of such data constitutes an unwarranted invasion of personal privacy pursuant to chapter 4 and deny said request. Nothing in this section shall be construed to prohibit an insurer's right to obtain information held by the department regarding any employee who has filed a claim against such insurer.
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An Act ensuring domestic violence victims' protections for all employees in the Commonwealth
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S1166
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SD237
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-10T15:04:54.08'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-10T15:04:54.08'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-11T21:26:00.6'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-12T15:32:58.7966667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-12T15:32:58.7966667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-03T14:34:57.9733333'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-02-03T14:34:57.9733333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-06T10:10:07.4433333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:34:34.7533333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-17T13:03:49.54'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-18T07:01:00.6866667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T13:59:34.35'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-24T14:06:35.3166667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T09:56:09.67'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-03-14T09:37:36.31'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-03-15T12:02:57.6066667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-28T11:55:47.16'}]
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1166) of Ryan C. Fattman, Joseph D. McKenna, Brian M. Ashe, Alyson M. Sullivan-Almeida and other members of the General Court for legislation to ensure domestic violence victims' protections for all employees in the Commonwealth. Labor and Workforce Development.
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Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 203 the following section:-
Section 203 ½: Leave from work when a contract worker has been victim of abusive behavior
(a) For purposes of this section, the following words shall have the following meanings, unless the context clearly indicates otherwise:
''Abuse'', (i) attempting to cause or causing physical harm; (ii) placing another in fear of imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations by force, threat or duress or engaging or threatening to engage in sexual activity with a dependent child; (iv) engaging in mental abuse, which includes threats, intimidation or acts designed to induce terror; (v) depriving another of medical care, housing, food or other necessities of life; or (vi) restraining the liberty of another.
''Abusive behavior'', (i) any behavior constituting domestic violence, (ii) stalking in violation of section 43 of chapter 265, (iii) sexual assault, which shall include a violation of sections 13B, 13B1/2, 13B3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26D, 50 or 51 of chapter 265 or sections 3 or 35A of chapter 272 and (iv) kidnapping in violation of the third paragraph of section 26 of chapter 265.
“Client employers”, a business entity, regardless of its form, that obtains or is provided workers to perform labor or services within its usual course of business from a labor contractor, which includes a staffing agency as defined by section 159C of chapter 149.
''Contract workers'', individuals who perform services for an employer but are not considered employees under section 148B of chapter 149 of the General Laws, including individuals who are contracted by client employers.
''Domestic violence'', abuse against a contract worker by: (i) a current or former spouse of the contract worker; (ii) a person with whom the contract worker shares a child in common; (iii) a person who is cohabitating with or has cohabitated with the contract worker; (iv) a person who is related by blood or marriage to the contract worker; or (v) a person with whom the contract worker has or had a dating or engagement relationship.
(b) An employer shall permit a contract worker to take up to 15 days of leave from work in any 12 month period if:
(i) the contract worker is a victim of abusive behavior; and
(ii) the contract worker is using the leave from work to: seek or obtain medical attention, counseling, victim services or legal assistance; secure housing; obtain a protective order from a court; appear in court or before a grand jury; meet with a district attorney or other law enforcement official; or attend child custody proceedings or address other issues directly related to the abusive behavior against the contract worker.
The employer shall have sole discretion to determine whether any leave taken under this section shall be paid or unpaid.
(c) Except in cases of imminent danger to the health or safety of a contract worker, a contract worker seeking leave from work under this section shall provide appropriate advance notice of the leave to the employer as required by the employer's leave policy.
If there is a threat of imminent danger to the health or safety of a contract worker, the contract worker shall not be required to provide advanced notice of leave; provided, however, that the contract worker shall notify the employer within 3 workdays that the leave was taken or is being taken under this section. Such notification may be communicated to the employer by the contract worker, a family member of the contract worker or the contract worker's counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the contract worker in addressing the effects of the abusive behavior on the contract worker.
If an unscheduled absence occurs, an employer shall not take any negative action against the contract worker if the contract worker, within 30 days from the unauthorized absence or within 30 days from the last unauthorized absence in the instance of consecutive days of unauthorized absences, provides any of the documentation described in paragraphs (1) to (7), inclusive, of subsection (d).
(d) An employer may require a contract worker to provide documentation evidencing that the contract worker has been a victim of abusive behavior and that the leave taken is consistent with the conditions of clauses (i) and (ii), inclusive, of subsection (b); provided, however, that an employer shall not require a contract worker to show evidence of an arrest, conviction or other law enforcement documentation for such abusive behavior. A contract worker shall provide such documentation to the employer within a reasonable period after the employer requests documentation relative to the contract worker's absence. A contract worker shall satisfy this documentation requirement by providing any 1 of the following documents to the employer.
(1) A protective order, order of equitable relief or other documentation issued by a court of competent jurisdiction as a result of abusive behavior against the contract worker.
(2) A document under the letterhead of the court, provider or public agency which the contract worker attended for the purposes of acquiring assistance as it relates to the abusive behavior against the contract worker.
(3) A police report or statement of a victim or witness provided to police, including a police incident report, documenting the abusive behavior complained of by the contract worker.
(4) Documentation that the perpetrator of the abusive behavior against the contract worker has: admitted to sufficient facts to support a finding of guilt of abusive behavior; or has been convicted of, or has been adjudicated a juvenile delinquent by reason of, any offense constituting abusive behavior and which is related to the abusive behavior that necessitated the leave under this section.
(5) Medical documentation of treatment as a result of the abusive behavior complained of by the contract worker.
(6) A sworn statement, signed under the penalties of perjury, provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the contract worker in addressing the effects of the abusive behavior.
(7) A sworn statement, signed under the penalties of perjury, from the contract worker attesting that the contract worker has been the victim of abusive behavior. Any documentation provided to an employer under this section may be maintained by the employer in the contract worker’s employment record but only for as long as required for the employer to make a determination as to whether the contract worker is eligible for leave under this section.
(e) All information related to the contract worker’s leave under this section shall be kept confidential by the employer and shall not be disclosed, except to the extent that disclosure is:
(i) requested or consented to, in writing, by the contract worker;
(ii) ordered to be released by a court of competent jurisdiction;
(iii) otherwise required by applicable federal or state law;
(iv) required in the course of an investigation authorized by law enforcement, including, but not limited to, an investigation by the attorney general; or
(v) necessary to protect the safety of the contract worker or others employed at the workplace.
(f) Any contract worker seeking leave under this section shall exhaust all annual or vacation leave, personal leave and sick leave available to the contract worker, prior to requesting or taking leave under this section, unless the employer waives this requirement.
(g) No employer shall coerce, interfere with, restrain or deny the exercise of, or any attempt to exercise, any rights provided under this section or to make leave requested or taken hereunder contingent upon whether or not the victim maintains contact with the alleged abuser.
(h) No employer shall discharge or in any other manner discriminate against a contract worker for exercising the contract worker’s rights under this section. The taking of leave under this section shall not result in the loss of any employment benefit accrued prior to the date on which the leave taken under this section commenced. Upon the contract worker’s return from such leave, the contract worker shall be entitled to restoration to the contract worker’s original job or to an equivalent position.
(i) The attorney general shall enforce this section and may seek injunctive relief or other equitable relief to enforce this section.
(j) Employers shall notify each contract worker of the rights and responsibilities provided by this section including those related to notification requirements and confidentiality.
(k) This section shall not be construed to exempt an employer from complying with chapter 258B, section 14B of chapter 268 or any other general or special law or to limit the rights of any contract worker under said chapter 258B, said section 14B of chapter 268 or any other general or special law.
(l) Any benefit received from this section shall not be considered relevant in any criminal or civil proceeding as it relates to the alleged abuse unless, after a hearing, a justice of the district, superior or probate court determines that such benefit is relevant to the allegations.
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An Act encouraging employer integrity in hiring
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S1167
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SD1593
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T14:33:51.103'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T14:33:51.1033333'}]
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1167) of Ryan C. Fattman for legislation relative to the penalty for employers who knowingly falsify employment or citizenship documents. Labor and Workforce Development.
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Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 19C the following section:-
Section 19D. It shall be unlawful for an employer to knowingly falsify employment or citizenship documents of any alien in the commonwealth. Any employer who violates this section shall be punished by a fine of not more than $1,000 or by imprisonment in jail for not more than 30 days, or both.
If the employer has been previously convicted by a court of the commonwealth or any other jurisdiction of a like offense preceding the date of the commission of the offense for which the employer is convicted, the employer shall be punished by a fine of not less than $1,000 nor more than $2,500 or by imprisonment in jail for not more than 3 months, or both.
If the employer has been previously convicted by a court of the commonwealth or any other jurisdiction of a like offense two times preceding the date of the commission of the offense for which the employer is convicted, the employer shall be punished by a fine of not less than $2,500 nor more than $5,000 and by imprisonment in jail for not less than 6 months, or both.
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An Act relative to a youth training wage
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S1168
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SD2224
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-19T13:15:37.517'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-19T13:15:37.5166667'}]
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1168) of Ryan C. Fattman for a legislation relative to a youth training wage. Labor and Workforce Development.
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Section 1 of chapter 151 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end of the first paragraph the following:-
This section shall not apply to workers under the age of 18 who work 20 hours or less per week and require a work permit, for the first 120 hours of employment with a new employer. Said 120-hour period shall be referred to as a training period. Said workers under the age of 18 who are in the training period shall be subject to a minimum wage no less than $10 per hour.
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An Act protecting Massachusetts workers
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S1169
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SD2357
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-20T09:50:11.083'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-20T09:50:11.0833333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:41:22.9066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1169/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1169) of Ryan C. Fattman for legislation to protect Massachusetts workers. Labor and Workforce Development.
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Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 19C and inserting in place thereof the following section:-
Section 19C. (a) As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:
“Agency”, any agency, department, board or commission of the commonwealth, a county, city or town that issues a license for purposes of operating a business.
“E-verify program”, the federal employment authorization verification program as jointly administered by the United States Department of Homeland Security and the Social Security Administration or any of its successor programs.
“Economic development incentive”, any grant, loan or performance-based incentive from any government entity awarded after January 1, 2022.
“Employee”, any person who provides services or labor for an employer for wages or other remuneration, excluding independent contractors.
“Employer”, any individual or type of organization that transacts business in the commonwealth, has a license issued by an agency in the commonwealth and employs 1 or more employees in this state. Employer shall include, but not be limited to, the commonwealth, any political subdivision thereof and self-employed persons. In the case of an independent contractor, employer shall mean the independent contractor and shall not mean the person or organization that uses the contract labor.
“Government entity”, the commonwealth and any political subdivision thereof that receives and uses tax revenues.
“Independent contractor”, any individual or entity that carries on an independent business, that contracts to do a piece of work according to the individual's or entity's own means and methods and that is subject to control only as to results. An independent contractor shall include an individual who performs services and is not an employee pursuant to section 3508 of the Internal Revenue Code. Whether an individual or entity is an independent contractor shall be determined on a case-by-case basis through various factors, including whether the individual or entity:
(1) supplies the tools or materials;
(2) makes services available to the general public;
(3) works or may work for a number of clients at the same time;
(4) has an opportunity for profit or loss as a result of labor or service provided;
(5) invests in the facilities for work;
(6) directs the order or sequence in which the work is completed; or
(7) determines the hours when the work is completed.
“Intentionally”, with respect to a result or to conduct described in this section defining an offense, that a person’s objective is to cause that result or to engage in that conduct.
“Knowingly employ an unauthorized alien”, to act in a manner described in 8 U.S.C. 1324a. This term shall be interpreted consistently with said 8 U.S.C. 1324a and any applicable federal rules and regulations.
“License”, any agency permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency for the purposes of operating a business in this state, including, but not limited to:
(1) articles of incorporation;
(2) certificates of limited partnership under section 8 of chapter 109;
(3) grants of authority issued under section 15.03 of chapter 156D; and
(4) sales and use tax certificates;
But shall not include:
(5) licenses issued pursuant to water or environmental regulations; and
(6) professional licenses.
“Social security number verification service”, the social security number verification service program administered by the Social Security Administration or any of its successor programs.
“Unauthorized alien”, as defined by 8 U.S.C. 1324a(h)(3). This term shall be interpreted consistently with said 8 U.S.C. 1324a(h)(3) and any applicable federal rules and regulations.
(b)(1) After hiring an employee, an employer shall verify the employment eligibility of the employee through the e-verify program.
(2) No employer shall intentionally or knowingly employ an unauthorized alien. If, when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in the state, the employer intentionally or knowingly contracts with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform the labor, the employer shall violate this subsection.
(c) The attorney general shall prescribe a complaint form for a person to allege a violation of subsection (b). The complainant shall not be required to list the complainant's social security number on the complaint form or to have the complaint form notarized. On receipt of a complaint on a prescribed complaint form that an employer allegedly failed to verify the employment eligibility of an employee through the e-verify program, or intentionally or knowingly employed an unauthorized alien, the attorney general or district attorney shall investigate whether the employer has violated subsection (b). If a complaint is received but is not submitted on a prescribed complaint form, the attorney general or district attorney may investigate whether the employer has violated subsection (b). This subsection shall not be construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form. The attorney general or district attorney shall not investigate complaints that are based solely on race, color or national origin. A complaint that is submitted to a district attorney shall be submitted to the district attorney in the county in which the alleged unauthorized alien is or was employed by the employer. The county sheriff or any other local law enforcement agency may assist in investigating a complaint. When investigating a complaint, the attorney general or district attorney shall verify the work authorization of any alleged unauthorized alien with the federal government pursuant to 8 U.S.C. 1373(c). A state, county or local official shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States. An alien’s immigration status or work authorization status shall be verified with the federal government pursuant to 8 U.S.C. 1373(c). Whoever knowingly files a false and frivolous complaint shall be punished by a fine of not more than $500, or by imprisonment of not more than 30 days, or both.
(d) If, after an investigation, the attorney general or district attorney determines that the complaint is not false and frivolous:
(1) the attorney general or district attorney shall notify the United States Immigration and Customs Enforcement of any unauthorized alien;
(2) the attorney general or district attorney shall notify the local law enforcement agency of any unauthorized alien; and
(3) the attorney general shall notify the appropriate district attorney to bring an action pursuant to subsection (e) if the complaint was originally filed with the attorney general.
(e) An action for a violation of subsection (b) shall be brought against the employer by the district attorney in the county where the violation is alleged to have occurred. The district attorney shall not bring an action against any employer for any violation of subsection (b) that is alleged to have occurred before January 1, 2022.
(f) For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date.
(g) On a finding of a violation of subsection (b):
(1) For a first violation, as described in paragraph (3), the court:
(i) shall order the employer to terminate the employment of all unauthorized aliens;
(ii) shall order the employer to be subject to a 3 year probationary period for the business location where the unauthorized alien performed work. During the probationary period, the employer shall file quarterly reports with the district attorney demonstrating compliance with subsection (b) with respect to each new employee who is hired by the employer at the business location where the violation occurred;
(iii) shall order the employer to file a signed sworn affidavit with the district attorney within 3 business days after the order is issued. The affidavit shall state that the employer shall verify the employment eligibility of all new employees through the e-verify program, that the employer has terminated the employment of all unauthorized aliens in the commonwealth and that the employer will not intentionally or knowingly employ an unauthorized alien in the commonwealth. The court shall order the appropriate agencies to suspend all licenses subject to this clause that are held by the employer if the employer fails to file a signed sworn affidavit with the district attorney within 3 business days after the order is issued. All licenses that are suspended under this clause shall remain suspended until the employer files a signed sworn affidavit with the district attorney. Notwithstanding any other general or special law to the contrary, on filing of the affidavit the suspended licenses shall be reinstated immediately by the appropriate agencies. For the purposes of this clause, the licenses subject to suspension shall be all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the violation occurred, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension shall be all licenses that are held by the employer at the employer's primary place of business. On receipt of the court’s order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the attorney general and the attorney general shall maintain the copy pursuant to subsection (h); and
(iv) may order the appropriate agencies to suspend all licenses described in clause (iii) that are held by the employer for not longer than 10 business days. The court shall base its decision to suspend on any evidence or information submitted to the court during the action for a violation and shall consider the following factors, if relevant:
(A) number of unauthorized aliens employed by the employer;
(B) prior misconduct by the employer;
(C) degree of harm resulting from the violation;
(D) whether the employer made good faith efforts to comply with any applicable requirements;
(E) duration of the violation;
(F) role of the directors, officers or principals of the employer in the violation; and
(G) other factors the court deems appropriate.
(2) For a second violation, as described in paragraph (3), the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer specific to the business location where the violation occurred. If the employer does not hold a license specific to the business location where the violation occurred, but a license is necessary to operate the employer's business in general, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer at the employer's primary place of business. On receipt of the order and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses.
(3) The violation shall be considered:
(i) A first violation by an employer at a business location if the violation did not occur during a probationary period ordered by the court under this subsection for that employer's business location.
(ii) A second violation by an employer at a business location if the violation occurred during a probationary period ordered by the court under this subsection for that employer's business location.
(h) The attorney general shall maintain copies of court orders that are received pursuant to subsection (g), shall maintain a database of the employers and business locations that have a first violation of subsection (b) and make the court orders available on the attorney general's website.
(i) On determining whether an employee is an unauthorized alien, the court shall consider only the federal government’s determination pursuant to 8 U.S.C. 1373(c). The federal government's determination shall create a rebuttable presumption of the employee's lawful status. The court may take judicial notice of the federal government's determination and may request the federal government to provide automated or testimonial verification pursuant to 8 U.S.C. 1373(c).
(j) For the purposes of this section, proof of verifying the employment authorization of an employee through the e-verify program creates a rebuttable presumption that an employer did not intentionally or knowingly employ an unauthorized alien.
(k) For the purposes of this subsection, an employer that establishes that it has complied in good faith with the requirements of 8 U.S.C. 1324a(b) establishes an affirmative defense that the employer did not intentionally or knowingly employ an unauthorized alien. An employer is considered to have complied with the requirements of 8 U.S.C. 1324a(b), notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.
(l) This section shall not be construed to require an employer to take any action that the employer believes in good faith would violate federal or state law.
(m) In addition to any other requirement for an employer to receive an economic development incentive from a government entity, the employer shall register with and participate in the e-verify program. Before receiving the economic development incentive, the employer shall provide proof to the government entity that the employer is registered with and is participating in the e-verify program. If the government entity determines that the employer is not complying with this subsection, the government entity shall notify the employer by certified mail of the government entity's determination of noncompliance and the employer's right to appeal the determination. On a final determination of noncompliance, the employer shall repay all monies received as an economic development incentive to the government entity within 30 days of the final determination.
(n) Every 3 months the attorney general shall request from the United States Department of Homeland Security a list of employers from the commonwealth that are registered with the e-verify program. On receipt of the list of employers, the attorney general shall make the list available on the attorney general's website.
(o) The attorney general shall develop a statewide random auditing program to inspect employers for compliance with the provisions of this section and shall promulgate regulations governing the implementation of the audit program.
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An Act protecting safety net access for Massachusetts residents
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S117
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SD1843
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T16:24:31.84'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T16:24:31.84'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T17:05:23.86'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S117/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 117) of Michael O. Moore and Vanna Howard for legislation to protect safety net access for Massachusetts residents. Children, Families and Persons with Disabilities.
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SECTION 1. Section 5 of chapter 18 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the fourth paragraph the following paragraph:-
Upon being notified by the Division of Capital Asset Management and Maintenance (DCAMM) that a lease is set to expire, and by which the Department decides not to renew a lease or close the community service office, at least 120 days before taking steps to not renew a lease for or close a community service office and at least 120 days before soliciting any proposals for a lease for a community service office, the commissioner shall notify the local legislators of that region and the regional legal services of the proposed action, the community service office that would be affected, and the reasons for the proposed action. At the request of the legislature or legal services, the department shall provide testimony and data regarding its plans, including but not limited to a comparison of the current and proposed community service office locations for low-income households in the service area with respect to (a) transportation options, including the cost and frequency of public transit and travel time to and from the current and proposed location; (b) office hours; (c) access for seniors, persons with disabilities, persons who are needed to care for children or other family members; persons who are employed; (d) the availability of staff who speak the languages spoken by persons with limited English proficiency in the service area; (e) in areas where there are advisory boards the minutes showing that the board has been appraised of the intention to close or relocate; (f) surveys from its current recipients of how the proposed closure or relocation would affect them. The surveys shall be done in the recipients’ primary or preferred language in order to maximize participation and ensure equity; (g) a report of the community services, and community economic and social relations near the current and proposed community service office; (h) demographic and poverty rate data of the residents of both the current and proposed community service office location; and (i) other matters as requested by the said requester.
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An Act addressing workplace bullying, mobbing, and harassment, without regard to protected class status while promoting healthy workplaces
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S1170
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SD712
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:20:01.483'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:20:01.4833333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-25T20:49:50.54'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T17:30:35.5266667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-30T11:11:16.8433333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-01T12:29:50.89'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T12:29:50.89'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T14:48:18.89'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-02T14:48:18.89'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-02T14:48:18.89'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-02-02T16:59:35.0666667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T13:55:58.1233333'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-02-08T15:57:04.24'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T13:59:16.95'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-14T09:25:40.8'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T14:03:59.0233333'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-16T14:03:59.0233333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T15:31:32.9333333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-23T13:33:19.3066667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-01T14:23:45.44'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-15T12:38:27.7033333'}, {'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-03-21T12:14:51.3133333'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-04-25T13:58:03.6066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1170/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1170) of Paul R. Feeney, Samantha Montaño, Lindsay N. Sabadosa, Christopher Hendricks and other members of the General Court for legislation to address workplace bullying, mobbing, and harassment, without regard to protected class status while promoting healthy workplaces. Labor and Workforce Development.
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The General Laws are hereby amended by inserting after chapter 151E the following chapter:-
Chapter 151G The Healthy Workplace Act
SECTION 1. For the purposes of this chapter, the following words and phrases shall have the following meanings:-
“Abusive conduct”, intentional acts, omissions, or both, that a reasonable person would find abusive, based on the severity, nature, and frequency of the conduct, including, but is not limited to: repeated verbal abuse such as the use of derogatory remarks, insults, and epithets; verbal, non-verbal, or physical conduct of a threatening, intimidating, or humiliating nature; or the sabotage or undermining of an employee’s work performance. It shall be considered an aggravating factor if the conduct exploited an employee’s known psychological or physical illness or disability. A single act normally shall not constitute abusive conduct, but an especially severe and egregious act may meet this standard. Online communications shall be included in determining whether abusive conduct has occurred;
“Abusive work environment”, an employment condition when an employer or one or more its employees, subjects an employee to abusive conduct that causes physical harm, psychological harm, or both;
“Adverse employment action”, an outcome which negatively impacts an employee, including but not limited to: a termination, demotion, unfavorable reassignment, failure to promote, disciplinary action, or reduction in compensation.
“Constructive discharge”, an adverse employment action where: (1) the employee reasonably believed he or she was subjected to an abusive work environment; (2) the employee resigned because of that conduct; and (3) the employer was aware of the abusive conduct prior to the resignation and failed to stop it.
“Psychological harm”, the impairment of a person’s mental health, as established by competent evidence.
“Physical harm”, the impairment of a person’s physical health or bodily integrity, as established by competent evidence.
SECTION 2. (a) No employee shall be subjected to an abusive work environment.
(b) No employer or employee shall retaliate in any manner against an employee who has opposed any unlawful employment practice under this chapter, or who has made a charge, testified, assisted, or participated in any manner in an investigation or proceeding under this chapter, including, but not limited to, internal complaints and proceedings, arbitration and mediation proceedings, and legal actions.
SECTION 3. (a) An employer shall be vicariously liable for a violation of section 2 of this chapter committed by its employee.
(b) Where the alleged violation of said section 2 does not include an adverse employment action, it shall be an affirmative defense for an employer only that:
(1) the employer exercised reasonable care to prevent and correct promptly any actionable behavior; and,
(2) the complainant employee unreasonably failed to take advantage of appropriate preventive or corrective opportunities provided by the employer.
SECTION 4. (a) An employee may be individually liable for a violation of section 2 of this chapter.
(b) It shall be an affirmative defense for an employee only that the employee committed a violation of said section 2 at the direction of the employer, under actual or implied threat of an adverse employment action.
SECTION 5. It shall be an affirmative defense that:
(a) The complaint is based on an adverse employment action reasonably made for poor performance, misconduct, or economic necessity; or,
(b) The complaint is based on a reasonable performance evaluation; or,
(c) The complaint is based on an employer’s reasonable investigation about potentially illegal or unethical activity.
SECTION 6. (a) Where a party is liable for a violation of section 2 of this chapter, the court may enjoin the defendant from engaging in the unlawful employment practice and may order any other relief that is deemed appropriate, including, but not limited to: reinstatement, removal of the offending party from the complainant’s work environment, back pay, front pay, medical expenses, compensation for pain and suffering, compensation for emotional distress, punitive damages, and attorney’s fees.
(b) Where a party is liable for a violation of said section 2 that did not include an adverse employment action, punitive damages may be awarded only when the actionable conduct was extreme and outrageous.
SECTION 7. (a) This chapter shall be enforced solely by a private right of action.
(b) An action under this chapter must be commenced no later than one year after the last act that constitutes the alleged violation of section 2 of this chapter.
SECTION 8. (a) Nothing in this chapter shall supersede rights and obligations provided under collective bargaining laws and regulations.
(b) The remedies provided in this chapter shall be in addition to any remedies provided under any other law, and nothing in this chapter shall relieve any person from any liability, duty, penalty or punishment provided by any other law, except that if an employee receives workers’ compensation for medical costs for the same injury or illness pursuant to both this chapter and the workers’ compensation law, or compensation under both this chapter and that law in cash payments for the same period of time not working as a result of the compensable injury or illness or the unlawful employment practice, the payments of workers’ compensation shall be reimbursed from compensation paid under this chapter.
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An Act relative to compliance with the prevailing wage laws of the Commonwealth
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S1171
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SD714
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T14:27:33.037'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T14:27:33.0366667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-30T11:10:43.0533333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-30T11:10:43.0533333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T11:10:43.0533333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-30T13:43:37.0533333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-31T12:09:03.4166667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-08T13:56:06.8933333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T15:56:44.0366667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-08T15:56:44.0366667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T13:59:26.91'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T12:28:22.4066667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-14T11:41:48.22'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-16T14:03:50.38'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-16T14:03:50.38'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-22T13:48:42.6333333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-14T12:21:03.18'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T16:39:12.67'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-04-04T13:37:31.2833333'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-04-04T13:37:31.2833333'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-05-31T12:22:28.79'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-06-20T10:39:24.4466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T18:58:45.2933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1171/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1171) of Paul R. Feeney, Marc R. Pacheco, Jacob R. Oliveira, Sal N. DiDomenico and other members of the General Court for legislation to include offsite fabrication work for qualified projects under the prevailing wage laws of the Commonwealth. Labor and Workforce Development.
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SECTION 1. Section 27D of chapter 149 of the General Laws is hereby amended by inserting the following new paragraphs:-
For the purposes of this section, the words “construction” and “constructed” shall include offsite fabrication work for any project covered by this section. In such cases, the wage required under this chapter shall be paid for such work and the requirements of Section 27B of chapter 149 shall apply to such work, including, but not limited to, weekly submission of certified payroll records and an accompanying statement made under penalties of perjury. Penalties provided under Section 27C of chapter 149 shall apply to such work.
The term “offsite fabrication” means products or items that are: (a) produced specifically for a qualified project; (b) considered to be non-standard items; and (c) produced at an offsite location, including, but not limited to those made or consisting of fabricated pipe, piping materials or fixtures, electrical wiring, sheet metal materials, or any systems, components or modular units made of any of the foregoing. Nothing in the foregoing definition of “offsite fabrication” is intended to restrict application of Section 26 of chapter 149 of the General Laws or to prevent the Commonwealth, or a county, town, authority or district thereof contracting for the construction of public works from giving preference to offsite fabrication performed at an offsite location within a specific geographical area.
SECTION 2. Section 27B of chapter 149 of the General Laws is hereby amended by inserting the following new paragraph:
For any offsite fabrication work subject to this section, the contractor, subcontractor or public body shall include a section in their weekly certified prevailing wage records that provides: (a) the name and address of the manufacturer, shop or other type of prefabrication facility where the fabrication work was performed; and (b) the name, address, and occupational classifications of each mechanic, apprentice, laborer or other employee employed in the performance of such work, the hours worked by, and wages paid to, each such employee.
SECTION 3. This act shall take effect upon its passage.
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An Act relative to unemployment compensation and labor disputes
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S1172
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SD836
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:16:09.667'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:16:09.6666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1172/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1172) of Paul R. Feeney for legislation relative to unemployment compensation and labor disputes. Labor and Workforce Development.
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Section 25 of Chapter 151A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) Any week with respect to which the commissioner finds that his unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment or other premises at which he was last employed for a period of 30 days following the commencement of the unemployment caused by the labor dispute. If the employer does not permit their return, the claimant shall be entitled to recover any benefits lost as a result of the 30 day waiting period before receiving benefits; however, no waiting period or disqualification under this subsection (b) shall apply if the labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the claimant, including a collective bargaining agreement with a union representing the claimant, or a state or federal law pertaining to hours, wages, or conditions of work; provided, however, that nothing in this subsection shall be construed so as to deny benefits to an otherwise eligible individual (1) who becomes involuntarily unemployed during the period of the negotiation of a collective bargaining contract, in which case the individual shall receive benefits for the period of his unemployment but in no event beyond the date of the commencement of a strike; or (2) who is not recalled to work within one week following the termination of the labor dispute; and provided, further, that this subsection shall not apply if it is shown to the satisfaction of the commissioner that:
(1) The employee is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work; and that
(2) The employee does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute, except that an individual for whom no work is available and who is not a member of or eligible to membership in the group or organization which caused the stoppage, shall not be considered as belonging to the same grade or class of workers as those who are responsible for the stoppage of work; provided, further, that if, in any case, separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department may, for the purposes of this subsection, be deemed a separate factory, establishment or other premises.
(3) For the purposes of this chapter, the payment of regular union dues or assessments shall not be construed as participating in or financing or being directly interested in a labor dispute.
(4) The individual has, subsequent to his unemployment because of a labor dispute, obtained employment, and has been paid wages of not less than the amount specified in clause (a) of section twenty-four; provided, however, that during the existence of such labor dispute the wages of such individual used for the determination of his benefit rights shall not include any wages such individual earned from the employer involved in such labor dispute.
In addition to the foregoing, an employee shall not be denied benefits as the result of an employer's lockout, whether or not there is a stoppage of work, if such employees are ready, willing and able to work under the terms and conditions of the existing or expired contract pending the negotiation of a new contract unless the employer shows by a preponderance of evidence that the lockout is in response to: (a) acts of repeated and substantial damage to the employer's property, or (b) repeated threats of imminent, substantial damage; provided, however, that such damage or threats of damage are caused or directed by members of the bargaining unit with the express or implied approval of the officers of such unit, and the employer has taken all reasonable measures to prevent such damage to property and such efforts have been unsuccessful.
A lockout, as used in this subsection, shall exist whether or not such action is to obtain for the employer more advantageous terms when an employer fails to provide employment to his employees with whom he is engaged in a labor dispute, either by physically closing his plant or informing his employees that there will be no work until the labor dispute has terminated.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J43', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J43'}, 'Votes': []}]
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An Act further regulating Sunday overtime wages
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S1173
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SD837
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:18:59.573'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:18:59.5733333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-25T13:58:21.45'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1173/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1173) of Paul R. Feeney for legislation to further regulate Sunday overtime wages. Labor and Workforce Development.
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SECTION 1. Section 6 of chapter 136 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, on page 844, as amended by section 5 of chapter 121 of the acts of 2018, the words "one and four-tenths", and inserting in place thereof the following words:- "one and one-half".
SECTION 2. Said section 6 of chapter 136 of the General Laws, as so appearing, is hereby amended by striking out, on page 846, as amended by section 10 of chapter 121 of the acts of 2018, the words "one and four-tenths", and inserting in place thereof the following words:- "one and one-half".
SECTION 3. The second paragraph of section 16 of said chapter 136 of the General Laws, as so appearing, is hereby amended by striking out, as amended by section 15 of chapter 121 of the acts of 2018, the first sentence.
SECTION 4. Sections 6 to 9, inclusive, of said chapter 121 are hereby repealed.
SECTION 5. Sections 11 to 14, inclusive, of said chapter 121 are hereby repealed.
SECTION 6. Section 16 of said chapter 121 is hereby repealed.
SECTION 7. Section 32 of said chapter 121 is hereby amended by striking out the numbers 6 and 11.
SECTION 8. Section 33 of said chapter 121 is hereby amended by striking out the numbers 7 and 12.
SECTION 9. Section 35 of said chapter 121 is hereby amended by striking out the numbers 8 and 13.
SECTION 10. Section 36 of said chapter 121 is hereby amended by striking out the numbers 9, 14, and 16.
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An Act relative to workplace safety and disclosure of violations
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S1174
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SD1105
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:35:18.78'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:35:18.78'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1174/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1174) of Paul R. Feeney for legislation relative to workplace safety and disclosure of violations. Labor and Workforce Development.
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SECTION 1. Chapter 30B of the General Laws is hereby amended by inserting after section 4 the following section:-
Section 4A.
(a) For procurement contracts for supplies and services, including construction, that are estimated to cost more than $50,000, each awarding authority shall ensure that solicitations or invitations for bids require that the offeror represent, to the best of the offeror's knowledge and belief, whether there has been any Occupational Safety and Health Administration citation, notice, decision, or civil judgment rendered against the company, as a sole proprietorship, limited partnership, and/or limited liability partnership/corporation and/or any affiliated business or subsidiary of which the applicant is owner, manager, officer, and/or director within the preceding 4-year period for a violation of the federal Occupational Safety and Health Act of 1970, 29 U.S.C sections 651 to 678, including any settlement agreement and documentation verifying if hazards identified have been corrected.
(b) An awarding authority, prior to making an award, shall, as part of responsibility determination, provide an offeror with an opportunity to disclose any steps taken to correct any violations of or improve compliance with said federal Occupational Safety and Health Act of 1970, including any settlement agreement and documentation verifying if hazards identified have been corrected.
(c) An awarding authority shall consider the information provided pursuant to subsections (a) and (b) in determining whether an offeror is a responsible source.
(d) For any subcontract where the estimated value of the supplies and services required exceeds $50,000, an awarding authority shall require that, at the time of execution of the contract, a contractor represents to the contracting agency that the contractor will require each subcontractor to disclose to the awarding authority a citation, notice, decision or civil judgment, rendered against the subcontractor within the preceding 4-year period for a violation of said federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678, including any settlement agreement and documentation verifying if hazards identified have been corrected, and to provide to the awarding authority updated information every 6 months.
(e) As appropriate, an awarding authority shall refer matters related to information provided pursuant to subsections (a), (b) and (d) of this section to the appropriate agency.
(f) During the performance of the contract, each awarding authority shall require that every 6 months contractors subject to this section update the information provided pursuant to subsection (a).
(g) If information regarding a citation, notice, decision or civil judgment, rendered against the offeror within the preceding 4-year period for any violations of said federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678, including any settlement agreements and documentation verifying if hazards identified have corrected, or similar information is obtained through other sources, an awarding authority may request a copy of a citation and evidence of abatement of a hazard, and refer the offeror to appropriate agencies if a hazard has not been abated.
(h) An awarding authority shall require that if information regarding a citation, notice, decision or civil judgment, rendered against a contractor’s subcontractor within the preceding 4-year period for any violations of said federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678 is brought to the attention of the contractor or similar information is obtained through other sources, then the contractor shall inform the awarding authority and the awarding authority may request a copy of a citation and evidence of abatement of a hazard, and refer the subcontractor to appropriate agencies if a hazard has not been abated.
(i) As appropriate, awarding authorities shall send information provided pursuant to subsection (a) and subsection (d) of this section to the appropriate agency.
(j) Nothing in this section shall preclude the exercise or enforcement of any lawful rights or remedies.
SECTION 2. Section 2 of chapter 82A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the fourth sentence the following sentence:- A person making application for a trench excavation permit shall disclose in writing:
(a) Any citation, notice, decision or civil judgment rendered against the company, as a sole proprietorship, limited partnership, and/or limited liability partnership/corporation and/or any affiliated business or subsidiary of which the applicant is owner, manager, officer, and/or director within the preceding 4-year period for a violation of the federal Occupational Safety and Health Act of 1970, 29 U.S.C sections 651 to 678, including any settlement agreement and documentation verifying if hazards identified have been corrected; and
(b) (i) any prior suspension or revocation of a trench excavation permit held by applicant; (ii) any assessment of fines in relation to a trench excavation permit held by applicant; (iii) any prior immediate shutdown of a trench site by state or local authorities in relation to a trench excavation permit held by applicant; and (iv) the date of each incident.
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An Act to increase unemployment insurance benefits for low wage workers
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S1175
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SD1135
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:41:59.87'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:41:59.87'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-28T15:32:26.05'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-07-05T10:47:12.02'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1175/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1175) of Paul R. Feeney for legislation to increase unemployment insurance benefits for low wage workers. Labor and Workforce Development.
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SECTION 1. Subsection (a) of section 24 of chapter 151A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking, in line 4, the words “thirty times the weekly benefit rate” and inserting in place thereof the following words:-
"fifteen times the individual’s average weekly wage in the base period, provided that when there is a reduction in the benefit rate from thirty times to twenty-six times the benefit rate under subsection (a) of section 30, an individual shall have been paid wages in the base period amounting to at least thirteen times the individual’s average weekly wage; provided that if the individual is thereby rendered ineligible for benefits, the individual shall have been paid wages in two quarters of the base period."
SECTION 2. Section 29 of chapter 151A of the General. Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) An individual in total unemployment and otherwise eligible for benefits shall be paid for each week of unemployment an amount equal to fifty percent of the individual’s average weekly wage in their base period, rounded to the next lower full dollar amount; but not more, exclusive of dependency benefits, than fifty-seven and one-half per cent of the average weekly wage of all employees covered by this chapter; nor less than twenty per cent of the average weekly wage of all employees covered by this chapter or seventy-five percent of the individual’s average weekly wage, whichever is less, exclusive of dependency benefits. On or before the first day of October of each year, the total wages reported on contribution reports for the twelve months ending March the thirty-first of such year shall be divided by the average monthly number of insured employees (determined by dividing the total insured employees reported on contribution reports for the twelve months ending March the thirty-first by twelve). The average annual wage thus obtained shall be divided by fifty-two and the average weekly wage determined, rounded to the nearest cent. Fifty-seven and one-half per cent of this amount, rounded to the next lower full dollar amount shown shall establish the weekly benefit rate paid any individual whose benefit year commences on or after the first Sunday of October of each year and prior to the first Sunday of October the following year. Twenty per cent of the average weekly wage of all employees covered by this chapter, rounded to the next lower full dollar amount shown shall establish the minimum weekly benefit rate paid any individual whose benefit year commences on or after the first Sunday of October each year and prior to the first Sunday of October the following year, provided that the weekly benefit rate which an individual may receive during the individual’s benefit year exclusive of dependency benefits is not greater than seventy-five per cent of the individual’s average weekly wage.
SECTION 3. Section 30 of chapter 151A of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) Except as provided in subsection (b), the total benefits which an unemployed individual may receive during the benefit year shall be an amount equal to sixty percent of the individual’s wages in the base period, or an amount equal to 30 times the individual’s weekly benefit rate in the base period, whichever is less, plus dependency benefits payable under section 29; provided, however, that if any month the average local unemployment for the last 12 months, as determined by the United States Department of Labor, is equal to or below 5.1 per cent in each of the 10 metropolitan statistical areas of the commonwealth, the total benefits which an unemployed individual who then files a claim may receive during the individual’s benefit year shall be an amount equal to 60 per cent of their wages in the base period or an amount equal to 26 times the individual’s weekly benefit rate, whichever is less, plus dependency benefits payable under said section 29; provided further that no such reduction in benefit rate from 30 times to 26 times the weekly benefit rate due to the operation of this section shall occur to an individual’s total benefit amount if, in any month during the individual’s benefit year, the requirements of this section have not been met. If such amount includes a fractional part of a dollar, it shall be rounded to the next lower full dollar amount.
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An Act relative to occupational presumption and COVID-19
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S1176
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SD1663
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:36:32.073'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:36:32.0733333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-25T20:49:33.31'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T14:27:05.69'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-30T11:10:59.5833333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T14:36:22.9133333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T13:55:47.9033333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T14:40:58.2966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-03-01T14:23:58.0466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1176/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1176) of Paul R. Feeney, Adam Scanlon, Jack Patrick Lewis, James K. Hawkins and other members of the General Court for lelgislation relative to occupational presumption regarding healthcare workers and COVID-19. Labor and Workforce Development.
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SECTION 1. For purposes of this Act, the following terms shall have the following meanings:-
“State of emergency”, the state of emergency called by Executive Order No. 591 dated March 10, 2020 concerning the health care crisis caused by the COVID-19 virus, along with any subsequent states of emergency that may be declared by the Commonwealth from time to time or at any time due to health care concerns raised by the COVID-19 virus.
SECTION 2. Chapter 34 of Section 152 of the general laws is hereby amended by inserting the following language after the second paragraph of said Chapter:
Notwithstanding any general or special law, rule or regulation to the contrary, any frontline healthcare worker, working in a healthcare facility or in the community, who has symptoms of or otherwise becomes infected with or is suspected to be infected with COVID-19 on or before June 15, 2021 that results in a period of hospitalization, quarantine, or requires self-quarantine measures as a result of being infected or coming into contact with someone who is infected with the COVID-19 virus, shall have their medical condition or incapacity to work presumed to be work-related and constitute a per se qualification for protection under this Section, without application of any waiting period.
At no time shall said frontline healthcare worker be required to use said frontline healthcare worker’s accrued sick time, vacation time, personal time or any other contractual time-off to cover said period of incapacitation or inability to perform regular duty work.
SECTION 3. The employer shall allow the healthcare worker to return to the worker’s previous position of employment when the period of quarantine, self-quarantine, recovery, or hospitalization is concluded.
SECTION 4. The provisions of Sections 23 and 24 of Chapter 152 do not apply to claims brought under this Act, unless the employer demonstrates compliance with all relevant and active orders and advisories of the Governor of the Commonwealth concerning workplace safety restrictions during the state of emergency, such as, but not limited to, the provision to healthcare workers of appropriate Personal Protective Equipment and appropriate safe distancing opportunities.
SECTION 5. This act shall be in force to protect healthcare workers who are exposed to the COVID-19 virus or are advised to quarantine or self-quarantine by any health official during the state of emergency.
SECTION 6. An healthcare worker who chooses not to return to work for an essential employer due to a good-faith concern that the worker may be exposed to the COVID-19 virus will be considered eligible for benefits under Chapter 151A as if the essential worker had been constructively discharged.
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An Act clarifying the wage act to protect hospital workers from being deprived of their wages
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S1177
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SD1677
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T17:03:33.57'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T17:03:33.57'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-05T13:14:08.87'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1177/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1177) of Paul R. Feeney and James B. Eldridge for legislation to clarify the wage act to protect hospital workers from being deprived of their wages. Labor and Workforce Development.
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Section 148 of Chapter 149 of the General Laws, as appearing in the 2020 official edition, is hereby amended by striking the fifth paragraph and inserting in place thereof the following paragraph:-
This section shall not apply to an employee of a co-operative association if he is a shareholder therein, unless he requests such association to pay him weekly, nor to casual employees as hereinbefore defined employed by the commonwealth or by any county, city or town.
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An Act providing hazard pay and protection for essential workers during a public health "State of Emergency" declaration
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S1178
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SD2084
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T11:32:57.687'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T11:32:57.6866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1178/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1178) of Paul R. Feeney for legislation to provide hazard pay and protection for essential workers during a "State of Emergency" declaration. Labor and Workforce Development.
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SECTION 1. Definitions:
“Essential services,” any services that are required to promote the public health and welfare of the Commonwealth as defined in the Governor's March 23, 2020 emergency order (“COVID-19 Order No. 13”) or in the Governor's March 31, 2020 extension order (“COVID-19 Order No. 21”), regardless of whether these emergency orders have been rescinded, or as defined in any other superseding emergency order or orders.
"Essential business," any private-sector employer that provides “Essential services” and is authorized to remain open during a declaration by the Governor of a public health state of emergency. This law shall apply to employers with eleven or more employees who are covered by Section 148C of Chapter 149 of the General Laws.
"Essential worker" means an individual employed by an “Essential business.”
SECTION 2. Notwithstanding Chapter 149 of the General Laws or any other special or general law to the contrary, following the declaration by the Governor of a public health state of emergency that includes or is followed by any additional executive order in furtherance of such declaration that includes an order to stay at home, shelter in place, or limit time spent outside the home, any employer that provides “Essential Services” outside his or her home, shall pay each of its essential workers, “hazard pay,” calculated at a rate not less than one and one-half times the essential worker’s regular rate of pay for any hours worked while the public health state of emergency is in effect. This section shall not apply to anyone employed by the Commonwealth or any of its political subdivisions, or a bona fide executive, administrative, or professional person exempt from overtime under the federal Fair Labor Standards Act.
SECTION 3. No essential worker shall be required to perform “Essential Services” work under the following conditions: (1) if the worker reasonably believes that working in the workplace would seriously threaten their health or safety; (2) if the worker has a health condition that puts them at an elevated health risk arising from an immediate or imminent exposure to a hazard; (3) if they live with a person whose health condition would put that person at an elevated risk on the basis that working creates a health risk to that person; or (4) if they have to care for children and daycare or schools are not available following the declaration by the Governor of a public health state of emergency. A refusal to work shall not be grounds for discrimination, dismissal, discharge, reduction in hours, or any other penalty. However, this section shall not require an employer to provide pay during a period of refusal under this section, although this section shall not impair an employee’s right to receive pay for any other reason.
SECTION 4. The provisions of this law shall be enforced by the office of the attorney general pursuant to their authority under Section 150 of Chapter 149. However, an employee’s right to receive all wages due under any other statute shall not be impaired by this statute, nor shall an employee’s ability to enforce their rights under any other statute.
SECTION 5. Following the declaration by the Governor of a public health state of emergency, that includes or is followed by any additional executive order in furtherance of such declaration, any essential employer shall provide each of its essential workers, at no cost to them, personal protective equipment related to the public health state of emergency and recommended for the relevant work site or job task by the Department of Labor and Industry, the Department of Health, the U.S. Centers for Disease Control and Prevention, or the Occupational Safety and Health Administration.
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An Act relative to a just transition to clean energy
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S1179
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SD2254
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T12:48:27.963'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T12:48:27.9633333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-08T13:55:08.32'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T15:56:32.0366667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-08T15:56:32.0366667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T13:58:28.8166667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-10T14:40:15.1066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T12:27:18.2733333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-16T14:04:22.2566667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T16:38:26.8033333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-04-04T13:37:17.5633333'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-04-04T13:37:17.5633333'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1179) of Paul R. Feeney, Paul W. Mark, Walter F. Timilty, Michael D. Brady and other members of the General Court for legislation relative to a just transition to clean energy. Labor and Workforce Development.
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SECTION 1. Chapter 164 of the General Laws is hereby amended by striking out section 1E, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 1E. (a) The department is hereby authorized to promulgate rules and regulations to establish and require performance based rates for each distribution, transmission, and gas company organized and doing business in the commonwealth pursuant to the provisions of this chapter. In promulgating such performance based rate schemes, the department shall establish service quality standards each distribution, transmission, and gas company, including, but not limited to, standards for customer satisfaction service outages, distribution facility upgrades, repairs and maintenance, telephone service, billing service, and public safety, occupational safety, training and certifications for both in-house and contractor employees, map and record accuracy, and in-house staffing benchmarks sufficient to ensure pipeline safety through the period of transition to net zero emissions.
In addition, the department shall require each gas company, as part of performance based ratemaking, to submit a just transition plan, which must be approved by the department, to address workforce development, maintenance and attrition over the course of the transition to net zero emissions generally, and the PBR period specifically, and provide for the following:
1. A detailed proposed chronology for transition to net zero emissions energy supply and distribution to be set through performance based ratemaking;
2. Sufficient in-house staffing levels, in each relevant classification, to ensure the safety and reliability of the gas company’s pipeline through the projected transition period;
3. Training and workforce development plans providing for gas company workforce needs on residual natural gas and electric as well as alternative energy sources, generation and distribution infrastructure utilized by the gas company to replace and/or complement natural gas;
4. Any and all mitigation measures to address the impacts of transition—e.g., attrition, retrenchment—on the gas company’s workforce over the course of the PBR—including, but not limited to—cross-training and hiring preferences at dual-fuel companies and joint ventures with renewable energy generators/distributors, early retirement incentives;
5. In the event of the gas company’s anticipated substantial partial or complete cessation of gas operations in Massachusetts during the period in which PBR is effective:
a. Means by which the gas company, and/or its parent corporation intends to avoid burdening the Commonwealth, its ratepayers, and taxpayers with the social welfare costs resulting from such cessation;
b. Measures to ensure the solvency of the LDC pension system during and after transition;
c. Measures to stem the displacement of LDC employees attrited as a result of transition from the Massachusetts energy sector.
6. Nothing in this section shall prohibit or supplant the LDC’s collective bargaining obligations relative to the National Labor Relations Act.
(b) In complying with the service quality standards and employee benchmarks established pursuant to this section, a distribution, transmission, or gas company that makes a performance based rating filing after the effective date of this act shall not be allowed to engage in labor displacement or reductions below staffing levels in existence on January 1, 2022, unless such are fully compliant with any law supporting a just transition to net zero emissions and part of a collective bargaining agreement or agreements between such company and the applicable organization or organizations representing such workers, or with the approval of the department following an evidentiary hearing at which the burden shall be upon the company to demonstrate that such staffing reductions shall not adversely disrupt service quality standards or public safety and shall maintain reliable service through the transition to net zero emissions as established by the department herein. Nothing in this paragraph shall prevent reduction of forces below the January 1, 2022 level through early retirement and severances negotiated with labor organizations before said date.
(c) The department shall promulgate regulations relative to an alternative dispute resolution process for the handling of damage claims by customers in an amount under $100. The department shall establish a 60 day timeline for the resolution of all mediation claims. The department shall issue a biannual report to the joint committee on telecommunications, utilities and energy which shall include, but not be limited to, the following information: the nature of consumer claims, the number of consumer claims and the resolutions of consumer claims reviewed by the department during the previous 6 months. Said report shall be available for public review at the department.
SECTION 2. Chapter 164 of the General Laws is hereby amended by striking out section 145, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 145. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Customer”, a retail natural gas customer.
“Eligible infrastructure replacement”, a replacement or an improvement of existing infrastructure of a gas company that: (i) is made on or after January 1, 2015; (ii) is designed to improve public safety or infrastructure reliability; (iii) does not increase the revenue of a gas company by connecting an improvement for a principal purpose of serving new customers; (iv) reduces, or has the potential to reduce, lost and unaccounted for natural gas through a reduction in natural gas system leaks; (v) is not included in the current rate base of the gas company as determined in the gas company’s most recent rate proceeding; (vi) may include use of advanced leak repair technology approved by the department to repair an existing leak-prone gas pipe to extend the useful life of the such gas pipe by no less than 10 years; and (vii) may include replacing gas infrastructure with utility-scale non-emitting renewable thermal energy infrastructure.
“Plan”, a targeted infrastructure replacement program construction plan that a gas company files pursuant to subsection (b).
“Project”, an eligible infrastructure replacement project proposed by a gas company in a plan filed under this section.
(b) A gas company shall file with the department a plan to address aging or leaking natural gas infrastructure within the commonwealth and the leak rate on the gas company’s natural gas infrastructure in the interest of public safety and reducing lost and unaccounted for natural gas through a reduction in natural gas system leaks. This plan shall include, but not be limited to, provisions to ensure the gas company trains a sufficient, highly skilled, stable workforce to repair and maintain the safety and reliability of its pipeline for the duration of its useful life, until and including its retirement or re-purposing for alternative use. Each company’s gas infrastructure plan shall include interim targets for the department’s review. The department shall review these interim targets to ensure each gas company is meeting the appropriate pace to reduce the leak rate on and to replace the gas company’s natural gas infrastructure in a safe and timely manner. The interim targets shall be for periods of not more than 6 years or at the conclusion of 2 complete 3-year walking survey cycles conducted by the gas company. The gas companies shall incorporate these interim targets into timelines for removing all leak-prone infrastructure filed pursuant to subsection (c) and may update them based on overall progress. The department may levy a penalty against any gas company that fails to meet its interim target in an amount up to and including the equivalent of 2.5 per cent of such gas company’s transmission and distribution service revenues for the previous calendar year.
(c) Any plan filed with the department shall include, but not be limited to: (i) eligible infrastructure replacement of mains, services, meter sets and other ancillary facilities composed of non-cathodically protected steel, cast iron and wrought iron, prioritized to implement the federal gas distribution pipeline integrity management plan annually submitted to the department and consistent with subpart P of 49 C.F.R. part 192; (ii) an anticipated timeline for the completion of each project; (iii) the estimated cost of each project; (iv) rate change requests; (v) a description of customer costs and benefits under the plan; (vi) the relocations, where practical, of a meter located inside of a structure to the outside of said structure for the purpose of improving public safety; and (vii) how the gas company intends to utilize its in-house workforce and outside contractor crews, respectively, to perform construction; (viii) all oversight and quality assurance measures implemented by the gas company on construction during the course of the plan; (ix) all funds to be expended on training for its in-house on the construction and maintenance of its pipeline; (x) any plans for the utilization of pipeline to satisfy the Commonwealth’s net zero emissions goals and aggregated data reflecting the projected impact of the plans on the Commonwealth’s net zero emissions goals; and (xi) any other information the department considers necessary to evaluate the plan.
As part of each plan filed under this section, a gas company shall include a timeline for removing all leak-prone infrastructure on an accelerated basis specifying an annual replacement pace and program end date with a target end date of: (i) not more than 20 years from the filing of a gas company’s initial plan; or (ii) a reasonable target end date considering the allowable recovery cap established pursuant to subsection (f). The department shall not approve a timeline as part of a plan unless the allowable recovery cap established pursuant to subsection (f) provides the gas company with a reasonable opportunity to recover the costs associated with removing all leak-prone infrastructure on the accelerated basis set forth under the timeline utilizing the cost recovery mechanism established pursuant to this section. After filing the initial plan, a gas company shall, at 5-year intervals, provide the department with a summary of its replacement progress to date, a summary of work to be completed during the next 5 years and any similar information the department may require. The department may require a gas company to file an updated long-term timeline as part of a plan if it alters the cap established pursuant to subsection
SECTION 3. Chapter 164 of the General Laws is hereby amended by adding the following section:-
Section 149.
(a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Company”, is interchangeable with the term employer and refers to any local distribution company regulated under M.G.L. c. 164 § 3 and distributing natural gas to ratepayers.
“Dual Fuel Company”, refers to Companies who distribute natural gas and one or more other form of energy to commercial, governmental, and/or residential ratepayers.
“Alternative Energy Company”, refers to Companies who generate or distribute forms of energy who production and use results in the production of lower carbon emissions conventional natural gas or electric energy.
“Commonwealth”, refers to Commonwealth and/or its departments, offices, agencies, political sub-divisions, and quasi-public agencies, including but not limited to quasi-public agencies subject to said chapter 150A by chapter 760 of the acts of 1962 and any quasi-public independent entity and any authority or body politic and corporate established by the general court to serve a public purpose.
(b) Every Company shall develop, and periodically amend a comprehensive plan, as set forth in Section 1E of Chapter 164 [as amended in Section 1 of this Legislation] to be filed with the Department of Public Utilities, for the hire, retention, and training of a sufficient operations and maintenance workforce through 2050 addressing its plans to meet the Commonwealth’s net zero emissions goals and its plans to fulfill this Chapter’s requirements to provide safe and reliable service as well as all other state and Federal regulatory requirements. Such plan shall be amended bi-annually, beginning July 1, 2024. Each Company plan shall also provide projections for any attrition among its in-house workforce and the utilization of outside contractors over both the biannual period and over the course of the transition to net zero emissions.
(c) Dual Fuel Companies must additionally provide, as part of their biannual plan, all provisions, opportunities and initiatives to provide training and employment opportunities to workers who may be displaced by the Company’s compliance with the Commonwealth’s net zero emissions goals.
(d) The Department shall, when initiated sua sponte or by motion of the Attorney General, initiate an investigation to determine to determine the sufficiency of the Company’s plan with regard to meeting the Commonwealth’s net zero emission requirements and Chapter 164’s reliability, safety and staffing requirements. Such plans, and all back-up data upon which the plans are based, shall be subject to disclosure to all intervening stakeholders during the investigation.
(e) The Executive Office of Energy and Environmental Affairs and the Executive Office of Labor and Workforce Development shall, joint and in collaboration, administer programs, provide technical assistance, and develop regulations for a training fund to support the establishment of apprenticeship programs to train Company employees on alternative energy generation and distribution and raise the next generation of energy industry workers in the Commonwealth.
(f) Grants from the fund may be provided to Gas and Dual Fuel Companies for the development and execution of training of their workforces on a competitive basis, based upon a number of factors, including, but not limited to, the Company’s demonstrated commitments to (1) retaining and repurposing its highly skilled in-house gas workforce on a dual fuel or alternative energy businesses, (2) maintaining high quality, longterm in-house employment opportunities in energy distribution. Labor organizations representing Gas Company workers and Dual Fuel Company workers may also apply for funding.
(g) Alternative energy companies, including both generating or distributing companies, may also apply for training grants from this fund to defray the cost of hiring and training workers displaced by the Commonwealth’s efforts to meet its net zero emissions goals. To qualify, alternative energy companies must demonstrate that (1) they are developing and executing plans for hiring, training and retention that include a demonstrated commitment to training and hiring gas company employees and other workers displaced by the Commonwealth’s transition to net zero emissions, (2) they have or are in the process of developing robust in-house training programs in the Commonwealth on alternative energy, and (3) their commitment to the creation and maintenance of high quality, sustainable employment opportunities for displaced workers.
SECTION 4. Chapter 151A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 75.
(a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Adversely affected employment”, employment with an employer providing labor, goods, and/or services facilitating the generation, distribution, or transmission of energy from fossil fuels, including but not limited to the distribution of natural gas, which may be or are adversely affected by the Commonwealth’s efforts to realize its net zero emissions goals.
“Adversely affected worker”, an individual who, because of lack of work in adversely affected employment, has been totally or partially separated from such employment, or has been threatened to be totally or partially separated from such employment.
“Adjustment assistance”, any compensation, credit, benefit, funding, training, or service provided under this Section.
"Suitable employment”, employment at a wage that is not less than 90 percent of the wage the worker received on the day before any partial or total separation.
"Applicable employer” , as applicable—
(a) an employer engaged in the generation, distribution/transmission of energy from fossil fuels (“fossil fuel employer”);
(b) an employer engaged in the generation, distribution, or transmission of fossil fuel energy that also, either as a secondary component of its business or by corporate affiliation, generates, distributes, or transmits another form of energy (“dual fuel employer”); distribute natural gas and one or more other form of energy to commercial, governmental, and/or residential ratepayers or,
(c) an employer providing labor, goods, and/or services in or to the renewable energy industry (“alternative energy employer”).
“Partial separation",, with respect to an individual who has not been totally separated, that such individual has experienced—
(a) a reduction in hours of work to 80 percent or less of the individual's average weekly hours in adversely affected employment; and
(b) a reduction in wages to 80 percent or less of the individual's average weekly wage in such adversely affected employment.
“Threatened”, with respect to total or partial separation, means that an individual is aware of imminent total or partial separation from employment with an applicable firm or with a company with which the applicable firm is contracted to provide goods or services.
“Total separation”, the layoff or severance of an adversely affected worker.
(b) Transition Related Unemployment Assistance.
(1) In general. DUA shall make payments of temporary additional unemployment compensation for up to 104 additional weeks to adversely affected workers who have been totally separated:
(i) have exhausted all rights to regular unemployment compensation under the State law or under Federal law with respect to a benefit year;
(ii) have no rights to regular compensation with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law; and
(iii) are able to work, available to work, and actively seeking work.
(2) Exhaustion of benefits
For purposes of paragraph (1), an adversely affected individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when—
(i) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period; or
(ii) such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed.
(3) Weekly benefit amount.
In general, subject to paragraph, for purposes of any agreement under this section—
(i) the amount of temporary additional unemployment compensation that shall be payable to any applicable individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to such individual during such individual's benefit year under the State law for a week of total unemployment;
(ii) the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof (including terms and conditions relating to availability for work, active search for work, and refusal to accept work) shall apply to claims for temporary additional unemployment compensation and the payment thereof; and
(iii) the maximum amount of temporary additional unemployment compensation payable to any applicable individual is 156 weeks.
(4) Funding. Each applicable employer, as defined in Section ___, shall make contributions as established by the Department of Unemployment Assistance, pursuant to its enabling authority under Chapter 151A, into a newly established Clean Energy Just Transition Unemployment Trust Fund to cover the cost of these benefits. The Department shall establishing contribution rates and schedules as well as all relevant regulations for the Just Transition Trust Fund to ensure that it is fully funded and may be utilized by all adversely affected employees who are terminated no later than January 1, 2025. The Department may also use funding from the Trust Fund to establish programs and benefits for adversely affected workers to assist them in obtaining training and replacement employment opportunities and to cover health insurance.
SECTION 5. Chapter 23 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 26. Just Transition to Clean Energy
(a) (1) In the department of career services, within the executive office of labor and workforce development, there shall be a just transition office. The office shall ensure that workers employed in the energy sector who are displaced due to efforts by the commonwealth or the private sector to reduce greenhouse gas emissions or transition from fossil fuels to clean energy have immediate access to employment and training opportunities in clean energy industries and related fields. The just transition office shall also work with clean energy businesses to ensure they act as responsible employers to further the commonwealth’s workforce and economic development goals. The just transition office shall also work to increase access to employment and training opportunities in clean energy industries and related fields for residents of environmental justice communities.
(2) The secretary of labor and workforce development shall appoint the director of the office.
(3) Within the office there shall be a just transition advisory committee consisting of: (i) the director of the office; (ii) the secretary of labor and workforce development and the commissioner of the department of energy resources, or their designees; (iii) the director of the office of clean energy equity in the executive office of energy and environmental affairs; (iv) a representative of employers in the gas utility sector appointed by the governor; (v) a representative of employers in the electric power generation sector appointed by the governor; (vi) a representative of employers in the renewable electricity sector appointed by the governor; (vii) a representative of employers in the energy efficiency sector appointed by the governor; (viii) a representative of employers in the clean transportation sector appointed by the governor; (ix) a representative of employers in the clean heating sector appointed by the governor; (x) a representative of employees in the gas utility sector appointed by the president of the Massachusetts AFL-CIO; (xi) a representative of employees in the electric power generation sector appointed by the president of the Massachusetts AFL-CIO; (xii) two representatives of employees in the clean energy sector appointed by the president of the Massachusetts AFL-CIO; (xiii) a representative of employees in the transportation sector appointed by the president of the Massachusetts AFL-CIO; (xiv) the president of the Massachusetts Building Trades Council or a designee, and (xv) two representative of environmental justice communities appointed by the director of the office of clean energy equity.
(4) The committee shall be tasked with developing a just transition plan for the energy sector that identifies workers currently employed in the sector by industry, trade, and job classification, and contains relevant information including, but not limited to, current wage and benefit packages and current licensing, certification and training requirements. The committee, through the just transition plan, shall recommend education and training programs to enhance re-employment opportunities within the energy sector, and services to support dislocated workers displaced from jobs within the energy sector as a result of emissions-reducing policies and advancements in clean energy technology. The just transition plan shall also recommend actions to increase opportunities for residents of environmental justice communities to work in clean energy industries.
(5) The just transition plan shall include provisions to:
(a) Administer climate adjustment assistance benefits that are similar in type, amount, and duration to federal Trade Adjustment Assistance Benefits available pursuant to 20 CFR 617.20–617.49;
(b) Educate dislocated workers, in collaboration with employers of dislocated workers and relevant labor unions, on re-employment or training opportunities, and how to apply for climate adjustment assistance benefits;
(b) Provide training, cross-training, and re-training to workers displaced by gas infrastructure loss in the commonwealth’s local distribution companies and related businesses;
(b) Address the workforce development challenges of the fossil fuel energy sector’s shrinking workforce over the course of the commonwealth’s 25-year transition to a clean energy economy;
(c) Incentivize the hiring of displaced energy sector workers with utilities, clean energy industries, and related industries;
(d) Work with the Massachusetts Clean Energy Center to ensure that training and employment opportunities for displaced energy sector workers are included in their initiatives, incentives, funding opportunities, and projects;
(e) Work with the department of public utilities and other agencies regulating the energy sector within the commonwealth to coordinate just transition initiatives, complementing the other regulatory priorities of those agencies;
(f) Establish a fund to implement the just transition plan and its components, including potential sources for sustainable short-term and long-term funding;
(g) Develop requirements, including the submission of a workforce transition plan, for energy sector employers that are closing a facility or significantly reducing their workforces as a result of efforts by the commonwealth or the private sector to reduce greenhouse gas emissions or transition from fossil fuels to clean energy; and
(h) Increase access to employment and training opportunities in clean energy industries and related fields for residents of environmental justice communities.
SECTION 6. (a) Employers described in paragraph (i) of subsection (5) shall submit a workforce transition plan to the office. Workforce transition plans shall be subject to section 10 of chapter 66 and shall include:
(b) The reasons for the workforce reduction or facility closure;
1. The total number of workers by job classification and by geographic assignment employed by the employer;
2. The total number of workers whose existing jobs who will be retained, by job classification and geographic location;
3. The total number of workers whose existing jobs will be eliminated by the workforce reduction or the closure of a facility, by job classification and geographic location;
4. Whether each classification of workers whose jobs are being eliminated will be offered employment in any other job classification or capacity by the employer; how many employees in each classification will be offered employment; and whether the replacement employment offered will provide comparable wages, benefits, and working conditions;
5. Whether the employer is offering severance or early retirement benefits to impacted workers; the value of the severance or early retirement benefits; whether the severance or early retirement benefits are being provided to all or certain classes of workers; and how many impacted workers intend to utilize these offerings;
6. Whether the employer plans to transfer the work to a separate facility, enter a contracting agreement for work previously performed by company employees, or otherwise outsource work previously performed by company employees; and
7. Whether the employer is a recipient of loans, grants, tax increment financing, or any other financial incentive from the commonwealth, its independent state agencies, departments, or corporations, or any municipality within the last five years.
(c) The Governor shall appoint representatives of labor organizations to participate on state climate and energy advisory boards and committees that are consistent with the energy advisory board and the energy efficiency advisory council set forth in M.G.L. c. 25 and other similarly situated committees and boards.
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Resolve establishing the Harmony commission to study and make recommendations related to the welfare and best interests of children in care and protection cases
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S118
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SD1896
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-17T13:03:30.98'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-17T13:03:30.98'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-08T12:02:22.4266667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-08T12:02:22.4266667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-03-02T15:25:16.4466667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-02T15:25:16.4466667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-14T12:48:20.0133333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-22T16:39:29.8566667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-07-26T12:38:31.5766667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-08-17T11:53:45.2933333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-09-25T10:59:30.0266667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-09-25T10:59:30.0266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S118/DocumentHistoryActions
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Resolve
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By Mr. Moore, a petition (accompanied by resolve, Senate, No. 118) of Michael O. Moore, Mark C. Montigny, Susannah M. Whipps, Ryan C. Fattman and others that provisions be made for an investigation and study by a special commission (including members of the General Court) to establish the Harmony commission to study and make recommendations related to the welfare and best interests of children in care and protection cases. Children, Families and Persons with Disabilities.
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Resolved, there shall be a Harmony commission, to study, examine and make recommendations regarding the welfare and best interest considerations of children in care and protection cases and petitions to dispense with consent cases conducted pursuant to section 29C of chapter 119 of the General Laws and section 3 of chapter 210 of the General Laws.
The commission shall consist of: the chairs of the joint committee on children, families and persons with disabilities, who shall serve as co-chairs; the chairs of the joint committee on the judiciary; the chair and vice-chair of the Massachusetts Black and Latino Legislative Caucus or their designees; 5 members to be appointed by the governor, 2 of whom shall have been in foster care as children and 2 of whom shall be foster parents; the attorney general or a designee; the child advocate or a designee; the commissioner of children and families or a designee; the chief counsel of the committee for public counsel services or a designee; 1 member to be appointed by the committee for public counsel services who shall be an attorney certified by the children and family law division of the committee for public counsel services who shall have a minimum of 7 years of experience in care and protection cases, represents both children and parents and has completed not less than 5 permanent custody or petition-to-dispense trials; 3 members appointed by the Massachusetts Bar Association, who shall be former judges who have preferably retired not more than 5 years prior to their appointment, who have not less than 7 years of service on the juvenile court and are from geographically-diverse juvenile court districts and 1 of whom shall be a former first justice; the commissioner of probation or a designee; 1 member appointed by the Massachusetts Court Appointed Special Advocates, Inc. who shall have a minimum of 5 years of experience with the advocates, including supervisory experience; 1 member appointed by the Massachusetts Alliance of Juvenile Court Clinics who shall be a clinician representative from the court clinic of the juvenile court department; the deputy court administrator for the juvenile court or a designee; 1 member to be appointed by the Massachusetts Commission on LGBTQ Youth; 1 member to be appointed by Jane Doe, Inc.: The Massachusetts Coalition Against Sexual Assault and Domestic Violence; 1 member to be appointed by the Disability Law Center, Inc.; 1 member to be appointed by the Massachusetts Child Welfare Coalition who shall be an attorney; and 1 member to be appointed by the National Association of Counsel for Children. All appointments shall be made not later than 30 days after the effective date of this resolve. Members of the commission shall serve without compensation.
The commission shall study how a child’s rights, welfare and best interest considerations are currently handled in care and protection cases and petition to dispense with consent cases and make recommendations for how to better protect and serve children in such cases. The study shall include, but not be limited to: (i) a review of constitutional provisions, statutes, interstate compacts, case law, executive orders, rules of court and standing orders, state agency and judicial rules and regulations, intergovernmental or multi-state memoranda of understanding and state agency and judicial policies, procedures, practices and trainings; (ii) an examination of how care and protection cases and petition to dispense with consent cases disproportionately impact children of color, immigrant children, children with disabilities, lesbian, gay, bisexual, transgender and queer children, children who have experienced trauma and children living in poverty; (iii) an analysis of ways to ensure the constitutional rights of parents and children while prioritizing the well being and safety of children, including the children’s best interest, safety and well being while in the care or custody of the department of children and families; and (iv) a study of sibling visitation rights.
The commission shall hold public hearings and solicit public comment not less than 3 times prior to the filing of its report. The hearings shall be held in geographically-diverse areas and at least 1 public hearing shall be held after the issuance of a draft report, which shall include any recommendations and draft legislation to implement the recommendations. Interested parties shall have the opportunity to be heard at the public hearings and submit written testimony or comments. The commission shall be subject to the open meeting law under sections 18 to 25, inclusive, of chapter 30A of the General Laws. The commission shall hold its first meeting not later than 60 days after the effective date of this resolve. The commission shall meet not less than monthly.
Not later than January 1, 2024, the commission shall file a report of its findings and recommendations, including racial impact statements regarding any of its recommendations, with the clerks of the senate and the house of representatives, the governor and the chief justice of the juvenile court department. The report shall be publicly posted on the website of the department of children and families.
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An Act relative to clean energy workforce standards and accountability
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S1180
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SD2255
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T14:31:50.77'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T14:31:50.77'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-08T13:54:59.0833333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T15:56:25.0366667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-08T15:56:25.0366667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T13:58:23.4'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-10T14:40:08.9533333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T12:27:13.2266667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-16T14:04:14.6'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T16:38:19.6966667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-04-04T13:37:06.7333333'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-04-04T13:37:06.7333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1180/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1180) of Paul R. Feeney, Paul W. Mark, Walter F. Timilty, Michael D. Brady and other members of the General Court for legislation relative to clean energy workforce standards and accountability. Labor and Workforce Development.
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SECTION 1. Chapter 25A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:
Section 18(A). Clean Energy Workforce Standards and Accountability Act
(a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Applicant”, (1) any natural person or business, whether or not incorporated or unincorporated, who seeks a contract to provide labor or services under this Chapter, and employs another to work in the Commonwealth, or contracts with another natural person or business to do so (herein after “contractor”) to perform labor, services or otherwise assist in the completion of a Project, under a contract, grant, subsidy, or any other arrangement funded in part or in the whole by the Commonwealth, and/or its departments, offices, agencies, subdivisions, and quasi-public agencies, including, but not limited to public authorities, subject to said chapter 150A by chapter 760 of the acts of 1962; and (2) any Public Utilities that are regulated under M.G.L. c. 164. This definition excludes: (1) the United States or a corporation wholly owned by the government of -the United States; and (2) a public utility, but only when employing workers directly to perform construction and maintenance and other operational duties on its utility infrastructure and buildings.
“Project”, initiatives of the Commonwealth and/or its departments, offices, agencies, subdivisions, and quasi-public agencies, including, but not limited to public authorities, subject to said chapter 150A by chapter 760 of the acts of 1962, modernizing and expanding the capacity of its existing energy infrastructure, providing climate change remediation, and/or developing renewable energy generation, transmission and distribution, in furtherance of meeting the Commonwealth’s net zero emissions goals.
“Commonwealth”, the Commonwealth and/or its departments, offices, agencies, political sub-divisions, and quasi-public agencies, including but not limited to quasi-public agencies subject to said chapter 150A by chapter 760 of the acts of 1962 and any quasi-public independent entity and any authority or body politic and corporate established by the general court to serve a public purpose.
“environmental justice population”, a population with an annual median household income of not more than 65 per cent of the statewide median income or with a segment of the population that consists of residents that is not less than 25 per cent minority, foreign born or lacking in English language proficiency based on the most recent United States census.
“municipality at high risk from the effects of climate change”, a municipality that can demonstrate to the department current or future significant changes to its population, land use or local economy resulting from changes in climate.
“labor peace agreement”, an agreement between an entity and any labor organization recognized under the National Labor Relations Act, referred to in this Act as a bona fide labor organization, that prohibits labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference in exchange for that entity agreeing not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the entity’s employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the entity’s employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under State law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.
“energy infrastructure”, refers to but is not limited to Massachusetts existing energy industry infrastructure generating, transmitting, and/or distributing energy from fossil fuel sources, building energy efficiency improvements, and renewable energy infrastructure—i.e., sun, wind, nuclear, geotheral and other energy sources not derived from the combustion of fossil fuels.
''Public Utilities'', utilities that are regulated under M.G.L. c. 164.
“supply chain facilities”, refers to but is not limited to businesses that perform material extraction, refining, processing, fabrication, manufacturing, and assembly of components for renewable energy projects.
(b) Every Request for Proposals (RFP), Grant Application, or Solicitation offering funding from the Commonwealth or other public entity enumerated above for the purpose of furthering the Commonwealth’s net zero emissions goals in any manner for all commercial projects and residential projects in excess of three (3) units, shall be performed in conformance with sections 26-27D of chapter 149, inclusive, and shall include the certification and disclosure requirements included in this Section.
(c) To be awarded funding or contracts by the Commonwealth, Applicants shall provide complete and accurate responses and disclosures to following certification and disclosure requirements, which shall include:
1. A requirement for documentation reflecting the Applicant’s demonstrated commitment to workforce development within the Commonwealth;
2. A requirement that the Applicant will provide a statement of intent concerning efforts that it and its contractors and sub-contractors will take to promote workforce development on the project if successful;
3. A requirement for documentation reflecting the Applicant’s demonstrated commitment to economic development within the Commonwealth;
4. A requirement that the Applicant provide a statement of intent concerning efforts that it and its contractors and sub-contractors on this project will take to promote economic development on the project if successful;
5. A requirement for documentation reflecting the Applicant’s demonstrated commitment to expand workforce diversity, equity, and inclusion in its past projects within the Commonwealth;
6. A requirement that the Applicant provide a statement of intent concerning efforts that it and its contractors and sub-contractors on this project, will undertake to expand workforce diversity, equity, and inclusion on the project if successful;
7. A requirement that that the Applicant disclose whether it and each of its contractors and subcontractors on this project, have previously contracted with a labor organization, as defined by Massachusetts General Laws, c. 150A and/or the National Labor Relations Act, Section 2, in the Commonwealth or elsewhere.
8. A requirement that the Applicant specify whether it and each of its contractors and subcontractors on this project participates in a state or Federally certified apprenticeship program and the number of apprentices the apprenticeship program has trained to completion for each of the last five (5) years.
9. A requirement that the Applicant provide a statement of intent concerning the extent to which the Applicant, its contractors and sub-contractors on this project, intend to utilize apprentices on the project if successful.
10. Certification that the Applicant and its contractors and sub-contractors on this project, have complied with Massachusetts General Laws Chapters 149, 151, 151A, 151B, and 152 and/or 29 U.S.C. § 201, et seq. and Federal anti-discrimination laws for the last three (3) calendar years.
11. Certification that the Applicant and its contractors and sub-contractors on this project are currently, and will remain, in compliance with Massachusetts General Laws Chapters 149, 151, 151A, 151B, and 152 and/or 29 U.S.C. § 201, et seq. and Federal anti-discrimination laws for the duration of the project.
12. To the extent the Applicant, or one of its contractors or sub-contractors on the project cannot meet the certification requirements provided for in Paragraphs 10 and 11, the Applicant must submit proof of a wage bond or other comparable form of insurance in an amount equal to the aggregate of one year’s gross wages for all workers projected to be employed by the Applicant, contractor, or sub-contractor for which certification is unavailable, to be maintained for the life of the project.
13. Whether the Applicant has included detailed plans for assuring labor harmony during all phases of the construction, reconstruction, renovation, development and operation of the project.
(d) Every RFP, solicitation and/or advertisement for funding, issued by the Commonwealth under this Chapter shall notify Applicants that they will be disqualified from this project if they have been debarred by the federal government or Commonwealth for the entire term of the debarment.
(e) All Applicants shall timely provide the above documentation and certifications as part of their initial application. Failure to provide the same shall disqualify the applicant from receiving funding for the project on which funding has been requested.
(f) A successful Applicant’s good faith failure to provide complete, accurate certifications and documentation under Subsection A of this Section shall result in suspension from the project for a period of 30 days, to provide an opportunity for the Applicant to address application deficiencies to the satisfaction of the Commonwealth. Failure to cure deficiencies, thereafter, shall result in termination. A successful Applicant’s willful failure to provide accurate certifications and documentation shall result in permanent termination from the project and the return of all funds awarded therefor within 30 days.
(g) The Attorney General shall enforce the provisions contained herein and may enact regulations consistent therewith.
(h) Owners of supply chain facilities that provide goods and services to be used in the construction and maintenance of renewable energy generation, distribution, and transmission infrastructure, which are developed in part or in whole with public funding, shall agree to enter into fully executed labor peace agreements with a bona fide labor organization that actively represents or seeks to represent employees as permitted by Federal law.
SECTION 2. Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following three sections:-
Section 27I. All construction, reconstruction, installation, alteration or repair on natural gas utility infrastructure, including, but not limited to, pipelines, mains, services and other infrastructure: (1) requiring the excavation, construction, reconstruction of public lands, rights of way, public works, or buildings and (2) not performed by workers directly employed by Public Utilities, as defined by M.G.L. c. 164, shall be performed and procured under this section of chapter 149.
No public authority, including, but not limited to, the Commonwealth, its subdivisions, a county, or a municipality, shall agree to pipeline construction, reconstruction, installation, alteration or repair work by a gas distribution company requiring the excavation, alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to individuals performing pipeline construction who are not gas company employees.
Any such approval which does not contain said stipulation shall be invalid, and no construction may commence thereunder. Said rates of wages shall be requested of said commissioner by said public official or public body together with the gas local distribution company on whose service territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees. Such requests for rates shall be made every six (6) months.
Whoever pays less than said rates of wages, including payments to health and welfare funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said wages or health and welfare funds, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.
An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits pursuant to G.L. c. 149, s. 150. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.
Section 27J. All construction, reconstruction, installation, alteration or repair on electrical utility infrastructure: (1) requiring the excavation, construction, reconstruction of public lands, rights of way, public works, or buildings and (2) not performed by workers directly employed by Public Utilities, as defined by M.G.L. c. 164, shall be performed and procured under this section of chapter 149.
No public authority, including, but not limited to, the Commonwealth, its subdivisions, a county, or a municipality, shall agree to construction, reconstruction, installation, alteration or repair work by a electric distribution company requiring the excavation, alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to individuals performing pipeline construction who are not gas company employees.
Any such approval which does not contain said stipulation shall be invalid, and no construction may commence thereunder. Said rates of wages shall be requested of said commissioner by said public official or public body together with the electric company on whose service territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees. Such requests for rates shall be made every six (6) months.
Whoever pays less than said rates of wages, including payments to health and welfare funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said wages or health and welfare funds, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.
An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits pursuant to G.L. c. 149, s. 150. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.
Section 27K. All construction, reconstruction, installation, alteration or repair on renewable energy generation, distribution, transmission infrastructure: (1) requiring the excavation, construction, reconstruction of public lands, rights of way, public works, or buildings and (2) not performed by workers directly employed by Public Utilities, as defined by M.G.L. c. 164, shall be performed and procured under this section of chapter 149.
No public authority, including, but not limited to, the Commonwealth, its subdivisions, a county, or a municipality, shall agree to construction, reconstruction, installation, alteration or repair work by a renewable energy company requiring the excavation, alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to individuals performing pipeline construction who are not gas company employees.
Any such approval which does not contain said stipulation shall be invalid, and no construction may commence thereunder. Said rates of wages shall be requested of said commissioner by said public official or public body together with the renewable energy distribution company on whose service territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees. Such requests for rates shall be made every six (6) months.
Whoever pays less than said rates of wages, including payments to health and welfare funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said wages or health and welfare funds, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.
An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits pursuant to G.L. c. 149, s. 150. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.
SECTION 3. Section 2 of chapter 23J of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the number “12” and inserting in place thereof the number:- 15
SECTION 4. Section 2 of said chapter 23J of the General Laws, as so appearing, is hereby further amended by striking out the words “1 of whom shall be a union representative ”, in line 60, and inserting in place thereof, the following words:-
“1 of whom shall be a representative of employees in the gas utility sector appointed by the President of the Massachusetts AFL-CIO; 1 of whom shall be a representative of employees in the electric power generation sector appointed by the President of the Massachusetts AFL-CIO; 1 of whom shall be the President of the Massachusetts AFL-CIO, or his/her designee, and 1 of whom shall be the President of the Massachusetts Building Trades Council or his/her designee”
SECTION 5. Paragraph 27 of section 3 of said chapter 23J of the General Laws, as so appearing, is hereby amended by inserting after the words “clean energy industry” the following words:-
including, but not limited to, collaboration with state and federally licensed apprenticeship and pre-apprenticeship programs providing training in the Commonwealth;
SECTION 6. Section 12 of chapter 23J of the General Laws, as so appearing, is hereby amended by adding the following words:-
The Center shall be deemed to be a public agency for purposes of, and shall be subject to, section 39M of chapter 30 and sections 44A to 44H, inclusive, of chapter 149 and shall comply with requirements applicable to an independent public authority for publication of contract information in the central register established pursuant to section 20A of chapter 9.
With regard to all clean energy and other climate change remediation construction projects funded, owned or leased by the Commonwealth, including but not limited to the Center, the Commonwealth shall require that successful Applicants, in collaboration with their contractors and sub-contractors:
(a) Meet the workforce participation goals for the utilization of BIPOC and women as required by 44A(1)(G) of Chapter 149. Provided, however, that such goals shall be equal to or greater than the goals contained in the executive office for administration and finance Administration Bulletin Number 14, and incorporate the data collection requirements contains in Administration Bulletin Number 17.
(b) Participate in state or federally accredited apprenticeship program(s) that have graduated at least one apprentice in the last five (5) years and utilize apprentices at a percentage set by the commonwealth as part of its current workforce development plan.
(c) Bid all applicable construction, reconstruction, installation, alteration work performed on the Project under this Section consistent with section 44A of chapter 149, section 8 of chapter 149A, and section 39M of chapter 30.
(d) Compensate all construction, reconstruction, installation, alteration work performed under this Section, at a minimum, in accordance with chapter 149, sections 26-27D.
(e) Become signatory to a project labor agreement if such an agreement is selected as the project delivery method for the construction project by the contracting authority.
SECTION 7. Chapter 23J of the General Laws, as so appearing, is hereby amended by adding the following section:-
Section 13. Clean Energy Workforce Development Plan
The Massachusetts Clean Energy Technology Center (“Center”) shall develop and implement successive 5-year workforce development plans for the Commonwealth, beginning in FY2022, that includes outreach and recruitment into the Clean Energy Industry for existing workers in fossil fuel intensive industries, as well as environmental justice populations and individuals living in municipalities at high risk for climate change within the Commonwealth.
The Center’s workforce development plans shall include:
1. Development of technical assistance, grants, loans, and demonstration projects, facilitating the creation of construction, operations, and maintenance jobs in the Clean Energy Industry.
2. Measures to expand training capacity for the Clean Energy industry, building upon the Commonwealth’s extensive existing public and private workforce development facilities, including all state and federally certified apprenticeship programs, licensure, and degree programs.
3. Specific goals for the utilization of the residual workforce in fossil fuel intensive industries, as well as environmental justice populations and individuals living in municipalities at high risk for climate change within the Commonwealth.
4. Recommendations, programs and technical assistance for the Clean Energy Industry to ensure that the industry develops and maintains excellent working terms and conditions for all workers employed therein.
5. Requirements for minimum working conditions on Clean Energy projects owned, leased, or financed by the Center through the Renewable Energy Trust Fund, or otherwise by the Commonwealth, its departments, offices, agencies, and quasi-independent agencies.
The Center will engage all stakeholders in the planning process, including but not limited to the union representatives of workers in fossil fuel industries and organizations serving environmental justice populations and individuals living in municipalities at high risk for climate change within the Commonwealth. The Center will coordinate their workforce development planning and research with the Executive Office of Labor and Workforce Development’s Office of Just Transition.
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An Act relative to transparency in the workplace
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S1181
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SD2331
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T15:01:40.313'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T15:01:40.3133333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:55:30.79'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T14:48:31.4233333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-02T16:59:23.2633333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-04T16:14:25.2'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-08T13:54:43.4766667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-08T15:56:50.91'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T13:58:17.6966667'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-02-13T14:59:27.79'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-02-16T14:03:39.94'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T14:03:39.94'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-28T12:15:39.8066667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-14T12:20:47.98'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-08T11:23:00.5466667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-05-08T11:23:00.5466667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-05-08T11:23:00.5466667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-05-08T16:59:02.5433333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-05-09T09:18:56.8333333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-05-09T09:56:19.21'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-05-09T09:30:15.3666667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-09T17:01:38.3866667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-05-09T12:09:04.9033333'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1181) of Paul R. Feeney, Liz Miranda, Jacob R. Oliveira, Patrick M. O'Connor and other members of the Senate for legislation relative to transparency in the workplace. Labor and Workforce Development.
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SECTION 1. Chapter 23 of the General Laws is hereby amended by inserting after section 25 the following section:-
Section 26. (a) As used in this section, the following words, unless the context clearly requires otherwise, shall have the following meanings:
“Aggregate wage data report,” shall mean an industry-based wage data report reflecting aggregate data from annual wage data reports, provided by the Secretary of State, pursuant to chapter 149 section 105E(c), separated by the following industries:
1.Agriculture, Forestry, Fishing and Hunting
2.Mining
3.Utilities
4.Construction
5.Manufacturing
6.Wholesale Trade
7.Retail Trade
8.Transportation and Warehousing
9.Information
10.Finance and Insurance
11.Real Estate Rental and Leasing
12.Professional, Scientific, and Technical Services
13.Management of Companies and Enterprises
14.Administrative Support and Waste Management and Remediation Services
15.Education Services
16.Health Care and Social Assistance
17.Arts, Entertainment, and Recreation
18.Accommodation and Food Services
19.Government
20.Other Services
(b) No later than June 1st beginning calendar year 2024, the executive office of labor and workforce development shall publish aggregate wage data reports on the executive office of labor and workforce development website, provided however that the report on aggregate wage data for government employers will be published only in years when employers are required to file an EEO-4 data report.
SECTION 2. Section 1 of chapter 149 of the General Laws is hereby amended by striking out “one hundred and five C”, in line 40, and inserting in place thereof the following:-
one hundred and five E
SECTION 3. Said chapter 149, as so appearing, is hereby further amended by inserting after section 105D the following section:-
Section 105E (a) As used in this section, the following words, unless the context clearly requires otherwise, shall have the following meanings:
“Covered Employer,” shall mean a private and nonprofit entity employing 100 or more full-time employees in Massachusetts any time during the prior calendar year subject to the filing requirements of the EEO-1 data report; the Governor of the Commonwealth of Massachusetts; and mayors and town administrators with 100 or more full-time employees any time during the prior calendar year subject to the filing requirements of the EEO-4 data report.
“EEO-1 data report” shall be a completed copy of all required components of the employer’s Employer Information Report, otherwise known as an EEO-1 Report, as issued by the U.S. Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data by race, gender identity and employment category.
“EEO-4 data report” shall be a completed copy of the State and Local Governmental Information Report, otherwise known as an EEO-4 report, as issued by the U.S. Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data by race, gender identity and employment category.
“Secretary” shall mean the State secretary under chapter 9.
“Wage data report” shall be an EEO-1 or an EEO-4 data report.
(b)(1) Beginning in 2024 and for each year thereafter, a covered employer subject to EEO-1 filing requirements shall submit the EEO-1 data report to the secretary covering the prior calendar year as a supplement to their annual report, due to be filed at the same time as their annual report.
(b)(2) Beginning in 2025 and each odd-numbered year thereafter, a covered employer subject to EEO-4 filing requirements shall submit the EEO-4 data report to the secretary covering the prior two calendar years.
(c) The secretary shall provide to the executive office of labor and workforce development the wage data reports of each covered employer for the prior calendar year no later than April 1st of each calendar year beginning in 2024. The secretary may establish a web portal or online form to facilitate the submission of the wage data reports.
(d) Except for the publishing of reports by the executive office of labor and workforce development on the department's website as directed in this section, aggregate wage data reports shall not be considered “public records”: as defined by chapter 4 section 7 clause 26 and shall not be subject to chapter 66 nor chapter 66A of the General Laws.
(e) The Attorney General shall enforce this section and may obtain injunctive or declaratory relief for this purpose. Any covered employer who violates this section, including failure to disclose a good-faith pay range, shall be punished by a warning for the first offense and not more than $500 for the second offense. For a third or subsequent offense, violation of this section shall be subject to section 27C(b)(1) and (2) of chapter 149. No violation of this section shall be construed to carry treble damages in chapter 149 section 150.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J43', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J43'}, 'Votes': []}]
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An Act clarifying the process for paying the wages of dismissed employees
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S1182
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SD1319
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T19:36:25.793'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T19:36:25.7933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1182/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 1182) of Barry R. Finegold for legislation to clarify the process for paying the wages of dismissed employees. Labor and Workforce Development.
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SECTION 1. Section 150 of chapter 149 of the General Laws is hereby amended by inserting after the word “him”, in the second sentence, the following:-
“or the payment of demanded wages pursuant to section 204 of this chapter”.
SECTION 2. Chapter 149 of the General Laws is hereby amended by inserting after section 203 the following section:-
Section 204. Right to Cure
(a) After termination of a person’s employment, claims that are brought to recover unpaid employment-based compensation resulting from a violation of sections 33E, 52E, 148, 148A, 148B, 148C, 150C, 152, 152A, 159C or 190 of this chapter or section 19 of chapter 15 and that seek treble damages under section 150 of this chapter shall be preceded by a written demand for relief to the employer specifying those sums due and the reasons therefor. Upon receipt of such a demand for relief, the employer shall have fifteen business days to cure any asserted deficiency by making payment in full to the aggrieved claimant. The employer shall have no liability for attorneys’ fees or for treble damages under section 150 of this chapter should the employer cure the violation by paying, within fifteen days of receiving the written demand, any deficiency in such compensation payments: (i) that are indisputably due; or (ii) upon a showing that the violation was the result of a good faith miscalculation, error or reliance on erroneous information from a third party.
(b) In any action that is brought to recover unpaid employment-based compensation resulting from a violation of sections 33E, 52E, 148, 148A, 148B, 148C, 150C, 152, 152A, 159C or 190 of this chapter or section 19 of chapter 151 and that seeks treble damages under section 150 of this chapter, if the employer shows to the satisfaction of the court that the employer’s act or omission giving rise to such action was in good faith, and that the employer had reasonable grounds for believing that its act or omission was not a violation of such laws, the court may, in its sound discretion, award no statutory or treble damages.
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An Act amending the unemployment insurance law for workers with fluctuating work schedules
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S1183
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SD1115
| 193
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T13:28:29.597'}
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[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T13:28:29.5966667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-28T15:00:47.41'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T09:35:25.02'}]
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Bill
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By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1183) of Cindy F. Friedman for legislation to amend the unemployment insurance law for workers with fluctuating work schedules. Labor and Workforce Development.
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SECTION 1. Section 1 of chapter 151A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 343 to 344, the words “reported for the highest quarter” and inserting in place thereof the following words:- wages reported for the highest quarter; and provided further, that if such deeming renders the individual ineligible for unemployment benefits, the amount shall be 1/26 of the total wages reported in the 2 quarters.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J43', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J43'}, 'Votes': []}]
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An Act relative to the defense against abusive waivers
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S1184
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SD1470
| 193
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-18T20:44:15.07'}
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[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-18T20:44:15.07'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-30T15:34:59.5233333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:34:47.1333333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T16:25:43.89'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T09:18:13.7033333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T09:15:12.5133333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T16:08:55.1766667'}]
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Bill
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By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1184) of Cindy F. Friedman, Kenneth I. Gordon, Jason M. Lewis, Michael J. Barrett and others for legislation relative to an employee protection act. Labor and Workforce Development.
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SECTION 1. Chapter 149 of the General Laws is hereby amended by adding the following section:-
Section 204. (a) Any provision in a contract waiving any substantive right or remedy, or any procedural right, remedy, standard or practice, that would otherwise apply to a claim of employment discrimination, retaliation or harassment, nonpayment of wages or benefits, or violation of public policy in employment, shall be unconscionable, void and unenforceable with respect to any such claim arising after the waiver is made. No right or remedy arising under this section, this chapter, chapter 151B, common law, the constitution or a rule of procedure may be prospectively waived. If a provision of a contract is found to be unconscionable, void or unenforceable under this section, the remaining provisions of the contract shall continue in full force and effect.
(b) Whoever requests an employee to agree to, enforces, or attempts to enforce a waiver found to be unconscionable, void or unenforceable under this section shall be liable for damages, reasonable attorneys’ fees and costs.
(c) No individual, employer or prospective employer shall take any retaliatory action including, without limitation, discharge, suspension, demotion, refusal to hire, or discrimination in the terms, conditions or privileges of employment, or any other adverse action, against an individual because the individual refuses to enter into a contract that contains a waiver that would be unconscionable, void or unenforceable under subsection (a).
An individual aggrieved by a violation of this subsection may, within 3 years after the violation, commence a civil action for damages and injunctive relief. If the court finds that an individual was aggrieved by a violation of this section, the individual shall recover reasonable attorneys’ fees and costs. The rights and remedies in this section shall not be exclusive and shall not preempt other available procedures and remedies for retaliatory actions including, but not limited to, those contained in section 150 and section 4 of chapter 151B.
(d) The attorney general may enforce this section if the substantive or procedural right or remedy at issue arises under section 150.
(e) The Massachusetts Commission Against Discrimination may enforce this section if the substantive or procedural right or remedy at issue arises under chapter 151B.
(f) An individual aggrieved by a violation of chapter 151B who seeks a remedy other than: (i) nonenforcement of a provision prohibited by this section; or (ii) reasonable attorneys’ fees and costs for enforcement of any provision of this section, shall seek such remedy under said chapter 151B.
(g) With respect to any agreement presented to an employee with the purpose of requiring the employee to bring to arbitration a matter that has not yet occurred purporting to apply to one or more claims of employment discrimination, retaliation or harassment or nonpayment of wages or benefits arising under this chapter or chapter 151B, or violation of public policy in employment, any party to the agreement may elect to void the agreement after the dispute has arisen. If a party elects to void an agreement requiring the employee to bring to arbitration a matter void under subsection (a) , the remaining provisions of the contract shall continue in full force and effect, unless such remaining provision is void under subsection (a). The remedy contained in this subsection is duplicative of any remedies contained in subsections (a) and (c), and this subsection shall not be interpreted to limit the scope of any other part of this section. Any issue as to whether this section applies to a claim shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.
(h) Nothing in this section shall expand or limit the use of collective bargaining agreements.
SECTION 2. Section 1 of this act shall apply to contracts executed on or after the effective date of this act.
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An Act providing for the protection of emergency responders from dismissal
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S1185
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SD36
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T12:20:32'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T12:20:32'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 1185) of Anne M. Gobi for legislation to prohibit disciplinary actions by employers on employees serving as volunteer emergency responders. Labor and Workforce Development.
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SECTION 1. Section 177B of Chapter 149 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the word “ambulance department” each time it appears, the following words:- or emergency responders.
SECTION 2. The first paragraph of said Section 177B of said Chapter 149, as so appearing, is hereby amended by striking the words "capacity as a volunteer member of a fire department or ambulance department" in lines 5 and 6 and inserting in place thereof the following words:- "work at an emergency shelter, or his capacity as a volunteer member of a fire department or ambulance department."
SECTION 3. Said Section 177B of said Chapter 149, as so appearing, is hereby further amended in paragraph 2 by inserting after the word “emergency medical technician”, the following words:- "or emergency responder".
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An Act expanding the community college training incentive program
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S1186
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SD288
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-12T16:42:46.853'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-12T16:42:46.8533333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T11:10:52.79'}]
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1186) of Adam Gomez and Adam Scanlon for legislation to expand the community college training incentive program. Labor and Workforce Development.
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SECTION 1. Section 15F of chapter 15A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “not-for-credit”, in lines 11 and 12, 21, 22 and 23, 28 and 29, 31 and 35, each time it appears, the following words:- and credit-bearing.
SECTION 2. Said section 15F of said chapter 15A, as so appearing, is hereby further amended by striking out, in line 24, the words “not for-credit” and inserting in place thereof the following words:- not-for-credit and credit-bearing.
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An Act to make data on workforce development outcomes public and accessible
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S1187
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SD954
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T17:05:36.807'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T17:05:36.8066667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-07T10:51:14.7333333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-07T10:51:14.7333333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-09T14:33:03.8666667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T14:33:03.8666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T16:50:35.5833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-18T09:35:53.69'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1187/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1187) of Patricia D. Jehlen, Angelo J. Puppolo, Jr., John J. Cronin, Paul W. Mark and other members of the General Court for legislation to make data on workforce development outcomes public and accessible. Labor and Workforce Development.
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SECTION 1. Section 14P of chapter 151A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the last sentence in subsection (f) and inserting the following:-
The director shall provide information secured under this section to other entities, including but not be limited to, any federal, state, or local governmental agency, including the 16 MassHire workforce development boards, a chief elected official as that term is defined in Section 3102(9) of Title 29 of the United States Code, or the agents or contractors of any governmental agency, where such information is to be used for:
(1) evaluation of program performance, including, but not limited to, longitudinal outcome analysis of programs (including programs funded by public or private funds or a combination thereof) to the extent permitted by federal law;
(2) financial or other analysis required by federal, state, or local law or regulation;
(3) preparation of reports required by federal, state, or local law or regulation;
(4) operation of public programs by such agencies, their agents, contractors and subcontractors, whenever the director determines that such information sharing is for the purpose of improving the quality or delivery of program services or to evaluate programs for equitable access and outcomes;
(5) establishment of common case management systems between federal, state, or local agencies delivering or supporting workforce development services for a shared customer base, wherever such common case management system is for the purpose of fostering workforce development partnerships, program coordination, inter-agency collaboration, improving program services, or creating operational efficiencies.
SECTION 2: Said section 14P of said chapter 151A, as so appearing, is hereby further amended by inserting after subsection (i) the following subsection:-
(j) The department shall do the following:
(1) Develop the minimum requirements for granting a request for disclosure of information authorized by this section regardless of local, state, or federal funding source.
(2) Develop a standard application for submitting a request for disclosure of information authorized by this section.
(3) Approve or deny a request for disclosure of information authorized by this subsection, or request additional information, within 30 business days of receiving the standard application. The entity submitting the application shall respond to any request by the department for additional information within 20 business days of receipt of the department’s request. Within 30 calendar days of receiving any additional information, the department shall provide a final approval or denial of the request for disclosure of information authorized by this subsection. Any approval, denial, or request for additional information shall be in writing. Denials shall identify the reason or category of reasons for the denial.
(4) Make publicly available on the department’s website: the minimum requirements for granting a request for disclosure of information authorized by this section, the standard application developed, the timeframe for information request determinations by the department, contact information for assistance with requests for disclosures of information authorized by this subdivision. (5) For wage data requests that are approved for the department of career services and the MassHire workforce development boards, on a quarterly basis the director of the department of career services shall report to the department the following information on participants, at a minimum, and to the extent the data are available, in order to be appended to the wage match file: participant demographic information; workforce training program and service participation, geographical location of services, and educational and other credential attainment. The department shall adhere to all applicable state and federal privacy laws, to protect individuals’ private information while allowing measurement of aggregate data.
SECTION 3. Not later than 30 days after the effective date of this act, the executive office of labor and workforce development, in consultation with division of unemployment assistance, the department of career services, the commonwealth corporation, the Massachusetts workforce association, the workforce solutions group, and any other appropriate agencies or entities, shall convene a task force to develop the action steps required to improve state workforce data infrastructure and promote data use, with the goal of creating data systems that can illustrate how workforce education and training programs are providing opportunity for sustainable employment in the commonwealth. The task force shall develop action steps to accomplish the following:
(1) Connect education, workforce development and employment data with such data from other states, to the extent permitted by law and in a manner that protects individuals’ private information while allowing measurement of aggregate data; and
(2) Ensure adherence to data security and privacy principles, and all applicable state and federal privacy laws, to protect individuals’ private information while allowing measurement of aggregate data; and
(3) Improve access to and quality of the wage data is shared with the workforce system by working with the department of career services and the department of unemployment assistance to ensure that the wage data files shared between each agency have sufficient information to allow for effective and ongoing workforce program evaluation; and
(4) Direct the executive office of labor and workforce development to participate in the Massachusetts education-to-career data system and any other state longitudinal data system efforts; and
(5) Review quarterly measures, identifying key trends, analyze equitable access to programs and services, and ensure system partners, stakeholders, and the public have access to data as allowed under state and federal privacy laws; and
(6) Develop a two and six-year plan to guide future system improvements.
The task force shall submit a report, with its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect by filing the same with the clerks of the house of representatives and senate, the house and senate committees on ways and means, the joint committee on economic development and emerging technologies, the joint committee on labor and workforce development, the joint committee on higher education and the office of the governor not later than January 1, 2024.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J43', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J43'}, 'Votes': []}]
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An Act requiring one fair wage
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S1188
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SD1296
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T11:55:01.523'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T11:55:01.5233333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-25T12:56:52.44'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T15:08:59.9366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T15:08:59.9366667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-31T15:08:59.9366667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T15:11:00.01'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-03T11:42:58.59'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T16:07:26.22'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1188/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1188) of Patricia D. Jehlen, Rebecca L. Rausch, Jack Patrick Lewis, Vanna Howard and other members of the General Court for legislation to require one fair wage. Labor and Workforce Development.
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SECTION 1. Section 7 of said chapter 151, as appearing in the 2016 Official Edition, is hereby amended by striking the third paragraph, as amended by Chapter 121 of the Acts of 2018, and inserting in place thereof the following paragraph:-
In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $6.75; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips
received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
SECTION 2. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-
In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $7.95; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
SECTION 3. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-
In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $9.45; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
SECTION 4. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-
In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $10.95; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
SECTION 5. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-
In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $12.45; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
SECTION 6. Said section 7 of said chapter 151, as so appearing, is hereby amended by 128 striking the third paragraph and inserting in place thereof the following paragraph:-
In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $13.95; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
SECTION 7. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-
Beginning on January 1, 2027, and no later than January 1 of each successive year, in determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to not less than the wage in effect under section 1.
SECTION 8. Section 152A of Chapter 149, as appearing in the 2016 Official Edition, is hereby amended by adding after the word “bartender” in line 50, the following:- “;provided, however that if an employer is paying all employees a wage that is not less than the full minimum wage the employer may require that wait staff employees, service employees or service bartenders to participate in a tip pool through which such employee remits any wage, tip or service charge, or any portion thereof, for distribution to employees that are not wait staff employees, service employees or service bartenders.”
SECTION 9. Chapter 121 of the Acts of 2018 is hereby amended by striking sections 24-26.
SECTION 10. Chapter 121 of the Acts of 2018 is hereby further amended by striking, in section 33, the figure:- 24.
SECTION 11. Chapter 121 of the Acts of 2018 is hereby further amended by striking, in section 35, the figure:- 25.
SECTION 12. Chapter 121 of the Acts of 2018 is hereby further amended by striking, in section 36, the figure:- 26.
SECTION 13. Section 1, and 8-11 shall take effect on January 1, 2025.
SECTION 14. Section 2 shall take effect on January 1, 2026.
SECTION 15. Section 3 shall take effect on January 1, 2027.
SECTION 16. Section 4 shall take effect on January 1, 2028.
SECTION 17. Section 5 shall take effect on January 1, 2029.
SECTION 18. Section 6 shall take effect on January 1, 2030.
SECTION 19. Section 7 shall take effect on January 1, 2031.
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An Act consolidating multiple definitions of employee to prevent misclassification
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S1189
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SD1476
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T10:55:46.047'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T10:55:46.0466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1189/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1189) of Patricia D. Jehlen for legislation to consolidate multiple definitions of employee. Labor and Workforce Development.
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SECTION 1. Section 148B of Chapter 149, as appearing in the 2016 Official Edition, is hereby amended by striking the words “chapter 151”, in line 2, and inserting in place thereof the following: - “and chapters 151 and 152,”.
SECTION 2. Section 1 of Chapter 152, as so appearing, is hereby amended by adding to paragraph 4, after the word “payable”, in line 111, the following:- “Any reference to an employee shall have the same meaning as in section 148B of Chapter 149 of the General Laws.”
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An Act to update Nicky's Law to protect individuals with disabilities in MassHealth day habilitation programs
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S119
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SD1905
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T09:25:09'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T09:25:09'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T09:57:01.56'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-02T17:05:06.2066667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-02T17:05:06.2066667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-22T11:36:08.0933333'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-02-22T11:36:08.0933333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-22T11:36:08.0933333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-22T11:36:08.0933333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-22T11:36:08.0933333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-22T11:36:08.0933333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-22T11:36:08.0933333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-22T11:36:08.0933333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-03-02T15:27:26.2733333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-02T15:27:26.2733333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-30T10:33:20.47'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-09T15:49:54.8033333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T16:45:12.06'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S119/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 119) of Michael O. Moore, Sal N. DiDomenico, John F. Keenan, Hannah Kane and other members of the General Court for legislation to protect individuals with disabilities in MassHealth day habilitation programs. Children, Families and Persons with Disabilities.
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Section 15 of Chapter 19C of the General Laws, as appearing in the 2020 Official Edition is hereby amended by striking the definition for “employer” and inserting in place thereof the following definition:-
“Employer”, an entity that provides services or treatment to persons with intellectual or developmental disabilities pursuant to (i) a contract or agreement with the department; (ii) funding administered by the department; (iii) a license issued pursuant to section 15 or 15A of chapter 19B; or (iv) a contract with MassHealth to provide day habilitation services subject to 130 CMR 419.000.
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[{'Description': 'Remove as co-sponsor 2/1/2023', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=15094&title=Remove%20as%20co-sponsor%202%2F1%2F2023'}]
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An Act relative to ensuring unemployment-insurance access by preventing employee misclassification
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S1190
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SD1479
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T10:53:46.113'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T10:53:46.1133333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-06T11:59:05.5966667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-09T14:50:34.43'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-30T12:23:50.32'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T10:57:22.7033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1190/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1190) of Patricia D. Jehlen, Sal N. DiDomenico and Rodney M. Elliott for legislation relative to employee definition harmonization. Labor and Workforce Development.
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SECTION 1. Section 2 of chapter 151A of the General Laws is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) such service is performed outside the usual course of the business of the employer; and
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[]
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[]
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An Act relative to pay range disclosure
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S1191
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SD1521
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-19T16:18:42.247'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-19T16:18:42.2466667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-03T09:11:43.3966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-07T09:25:17.8666667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-08T09:18:06.4566667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T13:52:53.7433333'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-02-13T15:42:00.73'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-02-14T13:03:22.4633333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-14T16:18:15.8133333'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-02-14T16:18:15.8133333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T16:07:57.4366667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-03T11:22:18.4566667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T09:58:28.79'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-15T11:09:02.98'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-04-07T10:52:36.62'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-09T09:23:43.4766667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-05-09T09:23:43.4766667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-05-09T09:23:43.4766667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-05-09T09:23:43.4766667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-08T12:01:45.9566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1191/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1191) of Patricia D. Jehlen, Patrick M. O'Connor, Rebecca L. Rausch, Michael J. Barrett and other members of the Senate for legislation relative to wage transparency. Labor and Workforce Development.
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SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting after section 105D the following section:-
Section 105E. (a) As used in this section, the following words shall have the following meanings:
“covered employer” shall mean any employer, public or private, that employs 15 or more employees in Massachusetts.
“pay range” shall mean the annual salary range or hourly wage range or other compensation that the employer reasonably and in good faith expects to pay for such position at that time.
(b) A covered employer, or agent of said employer, shall disclose the pay range for a particular employment position within the advertising or posting of the position.
(c) A covered employer, or agent of said employer, shall provide the pay range for a particular employment position to an employee offered a promotion or a transfer to a new position.
(d) A covered employer, or agent of said employer, shall provide the pay range for a particular employment position to an employee holding such position, or to an applicant for such position, upon request.
(e) It shall be an unlawful practice for any employer to discharge or in any other manner retaliate or discriminate against any employee or applicant because such employee or applicant has opposed any act or practice made unlawful by this section, or has made any complaint to his employer, the attorney general, or any other person, or instituted, or caused to be instituted, any proceeding under or related to this section, or has testified or is about to testify in any such proceeding.
(f) The Attorney General shall enforce this section and may obtain injunctive or declaratory relief for this purpose. Any covered employer who violates this section, including failure to disclose a good-faith pay range, shall be punished by a warning for the first offense and not more than $500 for the second offense. For a third or subsequent offense, violation of this section shall be subject to section 27C(b)(1) and (2) of chapter 149. No violation of this section shall be construed to carry treble damages in chapter 149 section 150.
(g) The Attorney General shall conduct a public awareness outreach campaign, which shall include, but not be limited to, making information available on its website and otherwise informing employers of the provisions of this section.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J43', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J43'}, 'Votes': []}]
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An Act relative to banning noncompetition agreements in the Commonwealth
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S1192
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SD1968
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T11:16:37.893'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T11:16:37.8933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1192/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1192) of Patricia D. Jehlen for legislation to ban noncompetition agreements in the Commonwealth. Labor and Workforce Development.
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Section 24L of Chapter 149 of the General Laws, as so appearing, is amended by inserting at the end of the section, the following:- “Effective January 1, 2024, noncompetition agreements, as defined in this section, shall be void and unenforceable.”
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An Act expanding access to commuter transit benefits offered by employers
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S1193
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SD952
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-10T20:25:10.62'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-10T20:25:10.6366667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T12:58:35.88'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T16:34:29.1833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-08T08:03:52.5633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1193/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1193) of John F. Keenan, Steven Owens and Patrick M. O'Connor for legislation to expand access to commuter transit benefits offered by employers. Labor and Workforce Development.
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SECTION 1. Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 203 the following section:-
Section 204 (a) As used in this section, the following words, unless the context clearly requires otherwise, shall have the following meanings:-
“Employee”, shall have the same meaning as provided in clause (h) of section 1 of chapter 151A.
“Employer”, shall have the same meaning as provided in subsection (i) of section 1 of chapter 151A; except the United States government shall not be considered an employer; provided, however, that an individual employer shall be determined by the Federal Employer Identification Number.
“Pre-tax transportation fringe benefit,” a pre-tax election transportation fringe benefit that provides commuter highway vehicle and transit benefits, consistent with the provisions and limits of section 132(f)(1)(A), (B), and (D) of the United States Internal Revenue Code of 1986 (26 U.S.C. s.132(f)(1)(A), (B), and (D)) at the maximum benefit levels allowable under federal law, to be deducted for those programs from an employee’s gross income pursuant to section 132(f)(2) of the United States Internal Revenue Code of 1986 (26 U.S.C. s.132(f)(2)).
(b) Every employer in the commonwealth of Massachusetts that employs at least 50 persons shall offer to all of that employer’s employees, that are not covered by a collective bargaining agreement, the opportunity to utilize a pre-tax transportation fringe benefit; provided, nothing herein shall prevent an employer and employees covered by a collective bargaining agreement from bargaining to include a pre-tax transportation fringe benefit in such agreement.
(c) Any employer found to be in violation of this section shall be liable for a fine of $100 for a first violation. For each additional month in which an employer fails to offer a pre-tax transportation fringe benefit shall constitute a subsequent violation and a fine of $250 shall be imposed for each subsequent violation. A fine shall not be imposed on any individual employer more than once in a month.
(d) The department of revenue shall direct a public multilingual awareness campaign in conjunction with the Massachusetts Bay Transportation Authority that encourages the public to contact employers about pre-tax transportation fringe benefits and shall coordinate such campaign with regional planning agencies, transportation management associations, regional transportation authorities, chambers of commerce, private and non-profit providers of public transportation, and other transportation stakeholders. The department of revenue shall prepare and disseminate model multilingual written materials to be used by employers to notify employees of the pre-tax transportation fringe benefits offered.
(e) The commissioner of the department of revenue shall adopt regulations to ensure compliance and implementation of the provisions of this section, including but not limited to, a process by which employees and others can confidentially report non-compliant employers.
SECTION 2. Subsection (c) of Section 1 shall take effect one year after the passage of this act.
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An Act relative to transparency in employee benefits reporting in private construction
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S1194
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SD1800
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-18T12:57:07.913'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-18T12:57:07.9133333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-30T13:16:00.8933333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-30T13:17:32.8866667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-30T13:15:12.2366667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-30T15:09:34.75'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-30T15:09:34.75'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-30T15:09:34.75'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-30T15:09:34.75'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T15:58:51.0266667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-30T15:58:33.6033333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T13:39:01.3733333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T13:39:01.3733333'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-31T13:39:01.3733333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-31T17:12:14.7533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-01T07:30:32.0766667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T12:43:08.38'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T12:41:11.7133333'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-02-02T16:07:56.9166667'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-02-04T06:55:15.59'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T16:33:32.8266667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T20:30:52.25'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T11:07:01.4566667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T16:55:00.06'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-15T08:53:19.6133333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-15T09:58:02.8533333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T08:32:58.6733333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T08:34:27.4433333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-01T10:06:11.89'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T15:33:46.7733333'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-09T15:53:30.4366667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-11T13:47:28.8266667'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-05-01T15:44:34.9166667'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-08-17T09:16:46.34'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1194/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1194) of John F. Keenan, James C. Arena-DeRosa, Rodney M. Elliott, Mathew J. Muratore and other members of the General Court for legislation relative to transparency in employee benefits reporting in private construction. Labor and Workforce Development.
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SECTION 1. Chapter 151A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new section:-
Section 75. For the purpose of this section, the term “development” shall mean a private residential dwelling in excess of 10 units or a retail, commercial or industrial development in excess of 5,000 square feet.
For any private development that is in excess of $750,000, each employer shall post in a conspicuous location at the job site a certificate of compliance issued by the department showing that it is registered with the department and current in its obligations relating to contributions, payments in lieu of contributions, and the employer medical assistance contribution established in Section 189 of Chapter 149.
SECTION 2. Chapter 152 is hereby amended by adding the following new section:-
Section 87. For the purpose of this section, the term “development” shall mean a private residential dwelling in excess of 10 units or a retail, commercial or industrial development in excess of 5,000 square feet.
For any private development that is in excess of $750,000, each employer shall post in a conspicuous location at the job site a notice providing the names and contact information for its workers’ compensation carrier and agent and that it is current in its obligations relating to proof of coverage verification.
SECTION 3. Chapter 149 is hereby amended by adding the following new section:-
Section 27B1/2. For the purpose of this section, the term “development” shall mean a private residential dwelling in excess of 10 units or a retail, commercial or industrial development in excess of 5,000 square feet.
For any private development that is in excess of $750,000, each employer shall ensure that each person performing services on their behalf on the job site completes the appropriate entries in a sign in-out log. The sign in-out log shall include the location of the project, current date, printed name, signature, Massachusetts trade license number, where applicable, and the time of each entry or exit. Every contractor or subcontractor shall furnish, upon request, a true and accurate record of all persons performing services on a job site for inspection by the Attorney General or her designee.
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An Act relative to railroad workers' earned sick time
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S1195
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SD1935
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-20T10:11:18.43'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-20T10:11:18.43'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1195/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1195) of John F. Keenan for legislation relative to railroad workers' earned sick time. Labor and Workforce Development.
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Notwithstanding any general rule to the contrary, any private railroad company or its agents, contractors, subcontractors, vendors, sub-vendors, secondary vendors or subcarriers; and the rail and transit division of the department of transportation, under contract to provide rail service through the commonwealth, shall comply with the minimum earned sick leave standards set forth within section 148c of chapter 149.
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An Act raising employment and combating opioids through vocational education and rehabilitation (RECOVER)
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S1196
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SD1262
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:15:43.523'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:15:43.5233333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-23T11:23:26.45'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1196/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1196) of Edward J. Kennedy and Mathew J. Muratore for legislation to raise employment and combating opioids through vocational education and rehabilitation (RECOVER). Labor and Workforce Development.
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SECTION 1. Section 77 of Chapter 6 of the of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of the term “Handicapped person” and it replacing it with the following definition:-
“'Handicapped person,” an individual who has a physical or mental disability, including an individual recovering from a substance use disorder, which for such individual constitutes or results in a substantial handicap to employment and can reasonably be expected to benefit in terms of employability from vocational rehabilitation services or an individual whose ability to function independently in his family or community may be improved significantly by the provision of independent living rehabilitation services.
SECTION 2. Chapter 23B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 30 the following section:-
Section 31. (a) Subject to appropriation, the department shall establish the Secure Jobs Recovery pilot program. The purpose of the program shall be to provide job training, job search services, and 12 months of housing stabilization services, if not otherwise available, to individuals recovering from a substance use disorder who are receiving assistance under items 7004-0102, 7004-0101, 7004-0108, 7004-9024 or 7004-9316.
(b) The program shall be administered by agencies that have demonstrated experience working in partnership with regional administering agencies, including, but not limited to: Community Teamwork, Inc.; Father Bill's & MainSpring, Inc.; HAP, Inc.; Jewish Vocational Services; and SER-Jobs for Progress, Inc.
(c) The undersecretary of housing and community development shall report annually on the activities and status of the program to the clerks of the senate and the house, who shall forward the report to the senate and house committees on ways and means, the joint committee on mental health and substance abuse, the joint committee on labor and workforce development, and the joint committee on public health. The report shall include, for each type of service or program provided, information on the: (1) housing situation, including stability of housing, of program participants; (2) employment status, including employment history, of program participants; (3) total number of program participants; and (4) number of program participants who are no longer receiving assistance under items 7004-0102, 7004-0101, 7004-0108, 7004-9024 or 7004-9316.
(d) The department shall utilize rental assistance provided under item 7004-9024 to ensure effective participation under this program.
(e) Participating agencies shall seek additional federal, state or private funds to ensure the effective continuation of regional partnerships.
SECTION 3. Chapter 111 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 2I the following section:-
Section 2J. (a) The department shall establish the RECOVER program. The purpose of the program shall be to provide grants to support partnerships between substance use disorder treatment providers, including sober homes, and vocational services providers. Subject to appropriation, the grants shall be used to finance all or a portion of the costs of vocational programs that are designed to meet the medical, social, psychological, and employment needs of participants.
(b) There shall be at least 1 open solicitation period each year during which the department shall accept and consider new applications. Not less than 12 weeks before the annual open solicitation period, the commissioner shall release the criteria upon which the applications shall be judged. Preference shall be given to proposals that involve social enterprise models.
(c) Partnering providers may apply to the program for a grant in a specific amount to fund a specified vocational training program. The grants may be made in addition to other forms of local, state, and federal assistance.
(d) The commissioner may establish rules and regulations to govern the application and distribution of grants under the program.
(e) The commissioner shall report annually on the activities and status of the program to the clerks of the senate and the house, who shall forward the report to the senate and house committees on ways and means, the joint committee on mental health and substance abuse, the joint committee on labor and workforce development, and the joint committee on public health. The report shall include a list and description of all programs that received grant funds, the size of the grant awarded to each program, other sources of public funds that supported each program, a detailed analysis of the impact of each program, including the number of individuals participating, the types of services each participant received, the health, legal, and employment statuses of the participants at the time they completed the program and 1, 6, 12, and 24 months following their completion of the program, and the state’s estimated savings due to reduced incarceration rates, reduced dependence on state assistance, and any other cost factors that the commissioner deems relevant.
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An Act improving the Massachusetts paid family medical leave law
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S1197
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SD1029
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T12:57:18.227'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T12:57:18.2266667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T12:12:41.7866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T09:59:13.3733333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-30T11:15:32.2966667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-30T11:15:32.2966667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-30T11:15:32.2966667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-30T11:15:32.2966667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-06T09:55:11.37'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T11:07:19.38'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T09:59:09.3066667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-21T16:37:37.8966667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-23T13:10:27.6633333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-14T09:49:03.0533333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-11T10:38:53.0666667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T10:29:27.2466667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-07-12T15:30:31.64'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1197) of Jason M. Lewis, Rebecca L. Rausch, Jack Patrick Lewis, Michael D. Brady and other members of the General Court for legislation to improve the Massachusetts paid family medical leave law. Labor and Workforce Development.
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SECTION 1. Subsection (c) of section 3 of chapter 175M of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking clauses (i) and (ii) from the second sentence and inserting instead the following three clauses after the colon appearing after the word "wage", at line 32:-
(i) a temporary disability policy or program of an employer; (ii) a paid family, or medical leave policy of an employer; or (iii) a sick, vacation, personal time or other paid leave policy or program provided by the employer.
SECTION 2. Subsection (a) of section 4 of chapter 175M, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-
When an employee requests leave under this chapter, or when the employer acquires knowledge that an employee's leave may be for a qualifying reason under this chapter, the employer must notify the employee of the employee's eligibility to take paid leave under this chapter within five business days, absent extenuating circumstances, by giving the employee the appropriate leave certification form as designated by the department, in the primary language of the employee.
SECTION 3. Subsection (a) of Section 4 of said chapter 175M, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:-
When a covered contract worker requests leave under this chapter, or when the covered business entity acquires knowledge that a covered contractor worker’s leave may be for a qualifying reason under this chapter, the covered business entity must notify the worker of the worker’s eligibility to take leave under this chapter within five business days, absent extenuating circumstances, by giving the worker the appropriate leave certification form as designated by the department, in their primary language.
SECTION 4. Subsection (e) of section 7 of chapter 175M of the General Laws, as so appearing, is hereby amended by striking clause (vii) from the first sentence in the second paragraph in its entirety and inserting the following clause at the end of clause (vi), on line 92:-
(vii) overall claimant demographics by age, gender, race and ethnicity, primary language of applicant, geography, average weekly wage, occupation, employment type (full or part time or self-employed), and the type of leave taken;
And by striking the word “and” after the semicolon at the end of clause (xii), at line 100;
And by striking clause (xiii) in its entirety and inserting at the end of clause (xii), at line 100, the following:-
(xiii) the number of cases remaining open at the close of such year; (xiv) the number of businesses and total workforce headcount enrolled, and the number of businesses and total workforce headcount covered by private plans; and (xv) the length of time between a covered individual’s first day of leave and their first payment of benefits. Data in (ii) through (vi), (xi), and (xv) shall be disaggregated by age, gender, race and ethnicity, primary language of applicant, geography, average weekly wage, occupation, employment type, and the type of leave taken. Data in (iii) and (vi) shall be further disaggregated by the relationship between the claimant and family member. Data in (vi) shall be further disaggregated by year of birth or placement.
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An Act amending the Massachusetts paid family medical leave law definitions of a covered business entity and a covered contract worker
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S1198
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SD1030
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T12:58:02.243'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T12:58:02.2433333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-13T14:23:49.71'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T10:47:14.07'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T08:55:00.5166667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T10:29:36.8866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1198/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1198) of Jason M. Lewis, Lydia Edwards, James B. Eldridge and Paul R. Feeney for legislation to amend the Massachusetts Paid Family Medical Leave law definitions of a covered business entity and a covered contract worker. Labor and Workforce Development.
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SECTION 1. Section 1 of chapter 175M of the General Laws is hereby amended by striking out the definition of “Covered business entity” as appearing in the 2020 Official Edition, at lines 24 through 27, and inserting in place thereof the following:-
“Covered business entity”, a business or trade whose workforce is comprised of 50 per cent or more individuals that it contracts with or receives services from who are not employees under the test set forth in section 2 of chapter 151A of the General Laws.
And by striking out the definition of “Covered contract worker” as so appearing, at lines 28 through 32, and inserting in place thereof the following:-
“Covered contract worker”, an individual who is not an employee under the test set forth in section 2 of chapter 151A of the General Laws and for whom an employer or covered business entity is required to remit contributions to the Family and Employment Security Trust Fund pursuant to section 6.
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An Act for a Bridge Employment Training Program (BET)
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S1199
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SD1426
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T16:02:52.137'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:02:52.1366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1199/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 1199) of Vincent Lawrence Dixon for legislation for a Bridge Employment Training Program (BET). Labor and Workforce Development.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the following new chapter:
An Act for a Bridge Employment Training Program (BET).
Whereas, it is in the interests of sound economy, for the individuals, businesses, and organizations of Massachusetts, that well-trained individuals have appropriate skills, and are matched to productive employment. This legislation has been devised, in order to specify, and expand, all reasonable opportunities.
1.) The Executive Office of Labor and Workforce Development (EOLWD), is hereby authorized to develop a Bridge Employment Training Program (BET), for residents of the Commonwealth of Massachusetts.
2.) Individuals authorized to participate in this program, shall be individuals determined to be employable, and/or who have lost their employment, within at least six weeks, or more.
3.) The Department is authorized to devise Independent Employment Training Contracts (IETC) to stipulate agreed-upon training programs, for up to two years, with specified requirements, which shall be matched with available positions in the Commonwealth, in private, non-profit, and/or public employment.
4.) The goal of this bill, is to accomplish, as far as is practicable, that all individuals may have access to Employable Skills Training (EST) to improve their economic lives, and the benefit of our Commonwealth, as a whole.
5.) The Department shall be innovative in creating these options, coordinating private, non-profit, and public resources, including, but not limited to, suitable consultation with Human Resource professionals, and diverse in all respects of being non-discriminatory.
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Proposal for a legislative amendment to the Constitution relative to select boards
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S12
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SD811
| 193
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-18T14:24:27.537'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-18T14:24:27.5366667'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-04-25T10:44:07.8633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S12/DocumentHistoryActions
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Proposal for Constitutional Amendment
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By Mr. Brownsberger, a petition (accompanied by proposal, Senate, No. 12) of William N. Brownsberger for a legislative amendment to the Constitution relative to select boards. Municipalities and Regional Government.
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SECTION 1. Article II of Section II of Chapter I of Part the Second of the Constitution of the Commonwealth is hereby amended by striking out the word "selectmen", each time it appears, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 2. Article III of Section I of Chapter II of said Part the Second is hereby amended by striking out the word "selectmen", each time it appears, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 3. Article X of Chapter VI of said Part the Second is hereby amended by striking out the word "selectmen" and inserting in place thereof the following words:- select board.
SECTION 4. Article II of the Articles of Amendment to the Constitution of the Commonwealth, as appearing in Article LXXXIX of said Articles of Amendment, is hereby amended by striking out the words "board of selectmen", each time they appear, and inserting in place thereof, in each instance, the following words:- select board.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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An Act to eliminate disproportionality and inequities for at-risk children
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S120
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SD1684
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:22:47.3'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:22:47.3'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-01T10:08:54.63'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T15:21:59.8366667'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-03-06T15:21:59.8366667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T11:45:42.3366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S120/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 120) of Susan L. Moran, Joanne M. Comerford, James B. Eldridge and Mark C. Montigny for legislation to eliminate disproportionality and inequities for at-risk children. Children, Families and Persons with Disabilities.
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SECTION 1. Section 1 of chapter 18C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the eighth paragraph the following paragraphs:-
“Disproportionality”, a situation in which the demographics of a particular group differs substantially from the demographics of the population at large. Examples of demographic categories for which disproportionality may exist include race, cultural background, ethnicity, gender identity, sexual orientation, transgender status or disability.
“Inequity”, a situation in which members of a particular group are given an unequal share of treatment, status, or opportunity. Examples of group categories which may experience inequities include race, ethnicity, cultural background, gender identity, sexual orientation, transgender status, or disability.
“Child Serving State Entities”, state entities that provide services to children, including the executive office of health and human services, the department of children and families, the department of developmental services, the department of mental health, the commission for the deaf and hard of hearing, the department of youth services, the department of public health, the department of transitional assistance, the department of early education and care, MassHealth, the department of elementary and secondary education, the trial court, and the Massachusetts probation service.
SECTION 2. Chapter 18C of the General Laws is hereby amended by inserting after section 14 the following section:-
Section 15: Collection and Reporting of Information on Inequity in Child Serving Entities
Subject to appropriation, the child advocate shall produce a report on disproportionality and inequity in services provided by child-serving state entities. The report shall include, to the extent available, statistics on:
(a) the level and type of involvement of children in various demographic groups in each of the state's child serving entities, including the points of entry and exit, and at each point at which a critical decision is made;
(b) the number of children in low-income families involved in each of the state's child serving entities; and
(c) any short and long-term outcomes of that involvement, including but not limited to the results of critical decisions and any other outcomes identified by each child-serving state entity.
The demographic categories to be examined shall include, but are not limited to:
(a) race and ethnicity;
(b) sexual orientation;
(c) gender identity;
(d) transgender status; and
(e) disability status.
The report shall also identify outcomes and how they are measured. The report shall provide a detailed description of any relevant data that was not available to the child advocate in writing the report.
The initial report shall be produced within one year of passage of this law and updated annually thereafter. The report shall be submitted to the governor, the secretary of health and human services, the house and senate chairs of the joint committee on children, families and persons with disabilities and the chief justice of the trial court. The report shall also be made publicly available on the child advocate’s website.
The child advocate shall request data from child-serving state entities holding data necessary to complete the aforementioned report.
The office of the child advocate shall additionally annually produce a public report with detailed recommendations for addressing inequities in child serving state entities. Topics that may be examined include, but are not limited to:
(a) statewide data reporting systems that ensure child serving state entities collect accurate, consistent, and comprehensive data that measures disproportionality and inequity;
(b) staff trainings on implicit bias, privilege, cultural awareness and professional practice;
(c) existing and new early intervention and preventive programming services and curriculum for children involved with state care including, but not limited to:
(1) strength-based approaches to engage and promote positive outcomes;
(2) community based, wraparound services;
(3) educational advocacy and support services;
(4) school based referrals to mental health care, the department of children and families, the department of youth services and the department of mental health;
(5) programming that supports collaborative relationships among community, faith based, private, and public organizations;
(6) home based prevention services in the child serving state entities;
(7) transitional services for foster youth and former foster youth;
(8) child and family teams for youth in state entities; and
(9) other early intervention and preventive programming services;
(d) model procurement language and contract oversight that supports culturally accessible services for children, youth and families;
(e) a strategic plan to recruit and retain diverse professionals and staff level employees throughout all service delivery systems;
(f) recommendations on existing policies that have reduced disproportionality and inequities for youth and children within Massachusetts, nationally, and in other states and localities including but not limited to:
(1) blind removal meetings;
(2) accountability, quality assurance, and improvements structures to measure outcomes and ensure fidelity;
(3) nondiscrimination policies and implementation; and
(4) recruitment of affirming foster parents and appropriate kin;
(g) recommendations for administrative and legislative actions related to appropriate programs and services to reduce and eliminate disparities in the child serving state entities and improve the long-term outcomes for children who are served by state entities; and
(h) performance measures for implementing the recommendations.
The child advocate shall write both reports in consultation with individuals and groups with relevant expertise, including expertise in the operation of child-serving entities, experience interacting with child-serving entities, and expertise in identifying and addressing disproportionality and inequity in government policies and practices.
Based on the findings of either report, each child serving state entity will be required to publicly produce a corrective action plan to ensure that it collects accurate, consistent, and comprehensive data that measures disproportionality and inequity, and identifies and implements effective policies and practices for reducing disproportionality and inequity – which may include recommendations from the report. The office of the child advocate shall review the corrective action plans and make recommendations for their improvement.
The child advocate shall issue guidance or promulgate regulations for the administration and enforcement of this section, including guidance or regulations establishing schedules for the submission, transmission and publication of the data and the format and form that the data from child-serving state entities shall take, including any requirements that data should be available for manipulation or disaggregation, and the format that transmission of the data shall take. The child advocate may request, and if such a request is made all child-serving state entities shall provide, individual level data to facilitate analysis, provided that the child advocate shall be bound by any limitations on the use or release of information imposed by law upon the party furnishing such information as described in section 12 of this chapter.
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An Act relative to raising the minimum wage closer to a living wage in the Commonwealth
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S1200
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SD2032
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T11:49:53.267'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T11:49:53.2666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T09:57:59.72'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-26T09:57:59.72'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-30T11:16:35.6033333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-01T10:04:22.42'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-02T14:28:24.5933333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-06T09:54:43.9433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-07T10:22:38.8466667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T12:35:49.4833333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-10T11:06:29.78'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T09:57:34.03'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-13T14:23:58.29'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-17T10:47:48.3533333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-02-17T15:39:49.2233333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-23T10:38:54.3166667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-02-23T10:38:54.3166667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-23T10:38:54.3166667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-27T11:57:30.72'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-03T08:58:17.3766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-06T08:54:00.97'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-08T11:23:45.7666667'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-14T09:47:58.85'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-04-13T15:38:15.21'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-06-07T11:34:21.1933333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-17T13:59:10.2133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1200/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1200) of Jason M. Lewis, Jack Patrick Lewis, Erika Uyterhoeven, Jacob R. Oliveira and other members of the General Court for legislation relative to raising the minimum wage closer to a living wage in the Commonwealth. Labor and Workforce Development.
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SECTION 1. Section 1 of chapter 151 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “It”, in line 1, and inserting in place thereof the following words:- Notwithstanding the provisions of section 27C of chapter 29 or any other general or special law to the contrary, it.
SECTION 2. section 1 of said chapter 151, as so appearing, is hereby further amended by inserting before the word “employer”, in line 2, the following words:- public or private.
SECTION 3. Section 1 of chapter 151, as so appearing, is hereby amended by striking out the figure “$15.00” and inserting in place thereof the following figure:- $16.25.
SECTION 4. Section 1 of chapter 151, as so appearing, is hereby further amended by striking out the figure “$16.25”, inserted by section 2, and inserting in place thereof the following figure:- $17.50.
SECTION 5. Section 1 of chapter 151, as so appearing, is hereby further amended by striking out the figure “$17.50”, inserted by section 4, and inserting in place thereof the following figure:- $18.75.
SECTION 6. Section 1 of chapter 151, as so appearing, is hereby further amended by striking out the figure “$18.75”, inserted by section 5, and inserting in place thereof the following figure:- $20.00.
SECTION 7. Chapter 151, as so appearing, is hereby further amended by striking section 1 and inserting in place thereof the following section:-
Section 1. (a) Notwithstanding the provisions of section 27C of chapter 29 or any other general or special law to the contrary, it is hereby declared to be against public policy for any public or private employer to employ any person in an occupation in this commonwealth at an oppressive and unreasonable wage as defined in section 2, and any contract, agreement or understanding for or in relation to such employment shall be null and void. Annually on September 30 the executive office of labor and workforce development shall calculate an adjusted minimum wage rate to maintain employee purchasing power by increasing the current year's minimum wage rate by the rate of inflation. The adjusted minimum wage rate shall be calculated to the nearest cent using the consumer price index for urban wage earners and clerical workers or a successor index, for the 12 months prior to each September 1st as calculated by the United States department of labor. Each adjusted minimum wage rate calculated under this section shall take effect on the following January 1.
SECTION 8. Section 7 of said chapter 151, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 33, the figure “$6.75” and inserting in place thereof the following figure:- $7.92.
SECTION 9. Section 7 of said chapter 151, as so appearing, is hereby further amended by striking out the figure “$7.92”, inserted by section 8, and inserting in place thereof the following figure:- $9.19.
SECTION 10. Section 7 of said chapter 151, as so appearing, is hereby further amended by striking out the figure “$9.19”, inserted by section 9, and inserting in place thereof the following figure:- $10.55.
SECTION 11. Section 7 of said chapter 151, as so appearing, is hereby further amended by striking out the figure “$10.55”, inserted by section 10, and inserting in place thereof the following figure:- $12.00.
SECTION 12. Section 7 of said chapter 151, as so appearing, is hereby further amended by striking the figure “$12.00”, inserted by section 11, and inserting in place thereof the following words:- “60 per cent of the minimum wage as determined by the executive office of labor and workforce development pursuant to section 1 of this chapter”.
SECTION 13. Section 3 and section 8 shall take effect on January 1, 2024.
SECTION 14. Section 4 and section 9 shall take effect on January 1, 2025.
SECTION 15. Section 5 and section 10 shall take effect on January 1, 2026.
SECTION 16. Section 6 and section 11 shall take effect on January 1, 2027.
SECTION 17. Section 7 and section 12 shall take effect on January 1, 2028.
SECTION 18. On September 30, 2027 the executive office of labor and workforce development shall calculate an adjusted minimum wage rate to maintain employee purchasing power by increasing the current year's minimum wage rate by the rate of inflation. The adjusted minimum wage rate shall be calculated to the nearest cent using the consumer price index for urban wage earners and clerical workers or a successor index, for the 12 months prior to September 1, 2027 as calculated by the United States department of labor. The adjusted minimum wage rate calculated under this section shall take effect on January 1, 2028.
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An Act relative to paid pregnancy loss leave
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S1201
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SD688
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T17:58:21.01'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T17:58:21.01'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T14:50:36.68'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-26T14:49:37.4966667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-08T11:58:14.4033333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-21T14:18:09.7866667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-23T09:33:57.1466667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-05-08T12:27:45.09'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:18:49.8466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1201/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1201) of Joan B. Lovely, Paul R. Feeney, Lindsay N. Sabadosa, Jason M. Lewis and others for legislation relative to paid pregnancy loss leave. Labor and Workforce Development.
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SECTION 1. Section 1 of Chapter 175M, of the General Laws, is hereby amended by inserting the following definitions:-
“Assisted reproductive technology procedure”, as defined in 42 U.S.C. 263a-7.
“Paid pregnancy loss leave”, paid time-off that is compensated by an employer at the employee’s regular rate of pay, and with the same employment benefits to which the employee is entitled from such employer as a term of the employee’s employment, for the purposes described in section 12(b); provided, however, that in no case shall the employee’s hourly compensation be less than that provided under section 1 of chapter 151.
“Spouse”, a person who is married to the employee.
SECTION 2. Section 3 of said Chapter 175M, as so appearing, is herby amended, in line 1, by inserting after the words “No family or medical leave benefits” the following text:-
except paid pregnancy loss leave
SECTION 3. Section 7 of Chapter 175M, of the General Laws, is hereby amended by striking, in lines 100-101, the words, “and (xiii) the number of cases remaining open at the close of such year.”, and inserting in place thereof the following:-
“(xiii) the percentage of such claims for paid pregnancy loss leave, and (xiv) the number of cases remaining open at the close of such year.”
SECTION 4. Said Chapter 175M of the General Laws is hereby amended by adding the following section:-
Section 12.
(a)(1) An employer shall grant to each employee employed by the employer 10 days of paid pregnancy loss leave on the employee's first workday of each calendar year. The employee shall use the paid pregnancy loss leave as needed during that calendar year for the purposes described in subsection (b). The employee shall be compensated by the employer while maintaining the same employment benefits to which the employee is entitled as a term of employment by an employer to an employee as accrued when the employee uses other forms of leave.
(2) Paid pregnancy loss leave granted pursuant to this section shall not carry over from 1 year to the next.
(3) Any employer with a paid pregnancy loss leave policy who makes available an amount of paid pregnancy loss leave that is sufficient to meet the requirements of this section and that is made available for all stated reasons and under all stated conditions that are the same as the purposes and conditions outlined in subsection (b) shall not be required to grant an employee additional paid pregnancy loss leave under this section if certified by the department as having a compliant plan.
(4) Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement or other separation from employment for granted paid pregnancy loss leave that has not been used.
(5) An employer may not require, as a condition of providing paid pregnancy loss leave pursuant to this section, that the employee involved search for or find a replacement employee to cover the hours during which the employee is using paid pregnancy loss leave.
(b) Paid pregnancy loss leave granted pursuant to this section may be used by an employee for:
(1) An absence resulting from any of the following:
(i) a pregnancy loss;
(ii) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure;
(iii) a failed adoption match or an adoption that is not finalized because it is contested by another party;
(iv) a failed surrogacy arrangement; or
(v) a diagnosis or event that impacts pregnancy or fertility.
(2) An absence to care for a spouse or domestic partner who experiences a circumstance described in paragraph (1).
(c) Paid pregnancy loss leave shall be provided upon the oral or written request of an employee. The request shall include the expected duration of the period of the time and be provided as soon as practicable after the employee is aware of the need for the period.
(d) Leave taken under this section shall be payable under section 3 of this chapter by the department.
(e)(1) The executive office of labor and workforce development, in consultation with the executive office for administration and finance, shall prepare and provide to employers notice of this section in English and in other languages required under clause (iii) of subsection (d) of section 62A of chapter 151A. Employers shall post this notice in a conspicuous location accessible to employees in every establishment where employees with rights under this section work and shall provide a copy to their employees; provided, however, that in cases where the employer does not maintain a physical workplace, or an employee teleworks or performs work through a web-based platform, notification shall be sent via electronic communication or a conspicuous posting in the web-based platform.
(2) Any employer who willfully violates the posting requirements of this subsection shall be subject to a civil fine in an amount not to exceed $100 for each separate offense.
(f) Nothing in this section shall be construed to state or imply that the scope of the activities prohibited by section 105 of the Family and Medical Leave Act of 1993, codified as 29 U.S.C. 2615, or the Civil Rights Act of 1964, 42 U.S.C. 2000a et seq., is less than the scope of the activities prohibited by this section or is otherwise altered by the activities prohibited by this section.
(g) (1) It shall be unlawful for any employer to interfere with, restrain or deny an employee’s ability to take paid pregnancy loss leave, including, but not limited to, using an employee’s taking of paid pregnancy loss leave as a negative factor in any employment action, such as an evaluation, promotion, disciplinary action or termination, or otherwise subjecting an employee to discipline or taking any other adverse action against an employee for the use of paid pregnancy loss leave.
(2) It shall be unlawful for any employer to take any adverse action against an employee because the employee opposes practices believed to be in violation of this section, or because the employee supports the exercise of rights of another employee under this section, including, but not limited to: (i) filing an action, or instituting or causing to be instituted any proceeding under or related to this section; (ii) providing or intending to provide any information in connection with any inquiry or proceeding related to this section; or (iii) testifying or intending to testify in any inquiry or proceeding related to this section.
(h) Nothing in this section shall be construed to: (i) discourage employers, including the commonwealth, its departments or its instrumentalities from adopting or retaining job-protected paid time off policies that are more generous than policies mandated in this section; (ii) diminish or impair the obligation of an employer to comply with any contract, collective bargaining agreement or any employment benefit program or plan in effect on the effective date of this section that provides to employees greater job-protected paid time off rights than the rights established under this section; (iii) require a municipality, district, political subdivision or its instrumentalities to comply with this section without first adopting the policies through procedures laid out in section 10 of this chapter; or (iv) pre-empt the power of a municipality, district, political subdivision or its instrumentalities from adopting or retaining job-protected paid time off policies consistent with or more generous than policies that comply with the requirements of this section.
(i) The executive office of labor and workforce development, in consultation with the executive office for administration and finance and the executive office of health and human services, shall develop and implement a multilingual outreach program to inform employers, employees and health care providers about the availability of paid pregnancy loss leave.
(j) The secretary for labor and workforce development, or any department or agency thereof designated by the secretary, may promulgate regulations or other guidance necessary for the implementation of this section.
SECTION 5. The executive office of labor and workforce development, in consultation with the executive office for administration and finance, shall prepare and provide to employers the notice described in paragraph (1) of subsection (f) of section 12 of chapter 175M of the General Laws not later than 30 days after the effective date of this act.
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An Act relative to workers’ compensation funeral benefits
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S1202
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SD2042
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T12:17:50.9'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T12:17:50.9'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-20T12:19:04.8833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1202/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1202) of Joan B. Lovely and Sally P. Kerans for legislation relative to workers’ compensation funeral benefits. Labor and Workforce Development.
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Chapter 152 of the General Laws is hereby amended in section 33 by striking, the following: "In all cases, the insurer shall pay the reasonable expenses of burial, not exceeding eight times the average weekly wage in the Commonwealth as determined pursuant to subsection (a) of Section 29 of Chapter 151A" and inserting in its place the following:-
“Reimbursable final disposition expenses shall include funeral and memorial related expenses associated with unplanned death, including but not limited to funeral visitation services, flowers, casket, death notices and headstone, up to twenty-five thousand dollars or 10 times the average weekly wage, whichever is greater."
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An Act to establish a hospital and community health center worker minimum wage
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S1203
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SD1947
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T10:06:33.033'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T10:06:33.0333333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-13T20:39:45.7333333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-13T20:39:45.7333333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-13T20:39:45.7333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-13T20:39:45.7333333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-14T11:35:27.2066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T08:41:32.2333333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-11T14:09:47.1033333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-05-19T11:26:37.96'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1203/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 1203) of Paul W. Mark, Jack Patrick Lewis, Michael O. Moore, James K. Hawkins and other members of the General Court for legislation to establish a hospital and community health center worker minimum wage. Labor and Workforce Development.
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SECTION 1. Chapter 111 of the Massachusetts General Laws is hereby further amended by adding the following new section:
Section 51W
For the purposes of this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Covered Hospital Facility" shall mean a hospital licensed under section 51 of this chapter, the teaching hospital of the University of Massachusetts medical school, any licensed private or state-owned and state-operated general acute care hospital, psychiatric hospital, acute care specialty hospital, any acute care unit within a state-operated healthcare facility, or a medium-security state correctional facility for male inmates located in Plymouth County that is operated and maintained by a private company under contract with the Department of Corrections. For purposes of this section, a covered acute care hospital facility shall not include rehabilitation facilities, skilled nursing facilities, other long-term care facilities, or any other Massachusetts correctional facilities.
“Covered Community Health Center” a health center operating in conformance with the requirements of Section 330 of United States Public Law 95–626, including all community health centers which file cost reports as requested by the center for health information and analysis, and including community health centers affiliated with a hospital licensed under section 51 of this chapter.
“Covered Community Health Center Worker” shall mean all personnel employed by or contracted to work at a community health center including but not limited to physicians, registered nurses, licensed practical nurses, unlicensed assistive personnel, service, maintenance, clerical, professional, and technical workers, and all other health care workers.
"Covered Hospital Worker" shall mean all personnel employed by or contracted to work at a covered hospital facility, including but not limited to physicians, registered nurses, licensed practical nurses, unlicensed assistive personnel, service, maintenance, clerical, professional and technical workers, and all other health care workers.
(b) Notwithstanding any special or general law to the contrary, as a condition of state licensure and as a condition of receiving rate reimbursement from the Division of Medical Assistance, each covered community health center, and covered hospital shall directly compensate or otherwise ensure minimum compensation for each covered hospital worker and covered community health center worker at a rate of no less than 150% of the statewide minimum hourly wage as established in section 1 of chapter 151 of the Massachusetts General Laws.
(c) The Executive Office of Health and Human Services, in consultation with the department of public health and the division of medical assistance, shall promulgate rules and regulations needed to implement and enforce this section, within 180 days of the passage of this act.
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An Act to exempt ski volunteers from minimum wage
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S1204
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SD2114
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T13:39:36.603'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T13:39:36.6033333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-04-11T14:09:35.3666667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-04-12T11:03:00.7766667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-04-13T12:57:56.9133333'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-05-01T08:42:26.4066667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-05-01T08:42:26.4066667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-06-05T12:36:31.24'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 1204) of Paul W. Mark for legislation to exempt ski volunteers from minimum wage. Labor and Workforce Development.
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Section 2 of Chapter 151 of the General Laws is hereby amended by striking out the seventh paragraph and inserting in place thereof the following section:-
''Occupation'', an industry, trade or business or branch thereof or class of work therein, whether operated for profit or otherwise, and any other class of work in which persons are gainfully employed, but shall not include professional service, agricultural and farm work, work by persons being rehabilitated or trained under rehabilitation or training programs in charitable, educational or religious institutions, work by seasonal camp counselors and counselor trainees, work by members of religious orders, or seasonal volunteer ski patrollers and seasonal volunteer ambassadors or hosts. Occupation shall also not include outside sales work regularly performed by outside salesmen who regularly sell a product or products away from their employer's place of business and who do not make daily reports or visits to the office or plant of their employer.
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An Act relative to bereavement leave
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S1205
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SD1072
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T20:17:34.253'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T20:17:34.2533333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-08T13:45:30.01'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1205) of Liz Miranda and Lydia Edwards for legislation relative to bereavement leave. Labor and Workforce Development.
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SECTION 1. Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 52E, the following section:-
Section 52F. (a) As used in this section, the following words shall have the following meanings:-
“Bereavement”, leave from employment taken to grieve or make arrangements necessitated by the death of a family member.
“Family member,” the child, parent, guardian, sibling, spouse or person in a substantive dating or engagement relationship with an employee and who resides with that employee.
(b) An employer shall permit an employee to take bereavement leave following the death of a family member for up to 10 business days, used consecutively or non-consecutively, within any 12 month period to:
(1) Make arrangements necessitated by the death of the family member, including, but
not limited to, funeral arrangements, estate preparation, or other legal arrangements;
(2) Attend the funeral or equivalent to a funeral of a family member; or
(3) Grieve the death of a family member.
(4) Attend or prepare for legal proceedings related to the death of a family member.
(c) Leave permitted under this section must be initiated within 30 days of the date on which an employee receives notice of the death of a family member.
(d) An employer shall have the sole discretion to determine whether any leave taken under this section shall be paid or unpaid.
(e) Nothing in this section shall be construed so as to affect any bargaining agreement, company policy, or other federal, state, or municipal law which provides for greater or additional rights to leave than those provided for by this section.
(f) An employer may require proof of death in the form of a medical record or police report.
(g) Notwithstanding subsection (b), an employer employing fewer than 10 employees in the commonwealth shall not be required to comply with this section.
SECTION 2. This act shall take effect on January 1, 2025.
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An Act to reinvest justice and opportunity in communities affected by incarceration
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S1206
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SD1643
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T17:41:18.37'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T17:41:18.37'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-03-02T10:05:59.6266667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T14:26:21.03'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1206) of Liz Miranda, Julian Cyr and James B. Eldridge for legislation to reinvest justice and opportunity in communities affected by incarceration. Labor and Workforce Development.
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SECTION 1. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 2DDDDD. (a) There shall be established a Strong Communities and Workforce Development Fund. Monies transferred to the fund shall be continuously expended, without regard for fiscal year, exclusively for carrying out the purposes of this section.
(b) There shall be a board of directors consisting of individuals from and with experience advocating on behalf of communities that are: (i) disproportionately impacted by the criminal justice system; (ii) in a census tract where over 20 percent of the population falls below 250 percent of the federal poverty line. The board shall be comprised entirely of individuals who belong to a demographic of socially and economically disadvantaged persons and those historically underrepresented in positions of power, to consist of seven total members. The board shall consist of 3 persons appointed by the governor; 2 persons appointed by the senate president; and 2 persons appointed by the speaker of the house of representatives. Once all initial members have been appointed, their initial terms shall be assigned by the Inspector General according to the following lottery: two shall be appointed for one year, three shall be appointed for two years, and two shall be appointed for three years. They shall serve without compensation. The appointing authority shall designate new board members upon notification by the chair that a vacancy exists.
(c)The executive office of housing and economic development shall provide staff support to the board of directors. The total expenditure from the fund for administration, including salaries and benefits of supporting staff shall not exceed 5 percent of the total amount disbursed by the fund in any given fiscal year.
(d) It shall be the duty of the executive office of public safety and security to calculate the aggregate annual population of the department of corrections and the houses of corrections, and to calculate annually an average marginal cost rate per inmate among the department of corrections and the houses of corrections, based on the actual marginal cost rates used by the department of corrections and the houses of corrections for their budgeting purposes.
(e) The secretary of housing and economic development shall annually determine the difference between the combined population of the department of corrections and the houses of corrections in fiscal year 2020, multiplied by the rate of total population growth for the commonwealth since fiscal year 2020, and the actual combined population of the department of corrections and the houses of corrections in that year. The secretary shall multiply said difference by the average marginal cost rate per inmate. The secretary shall certify this calculation to the joint committee on ways and means, the secretary of administration and finance, and the comptroller for the prior fiscal year no later than October 1 of each year. The comptroller shall transfer an amount equal to one half of the product of this calculation to the fund no later than October 15 of each year. Further, the secretary shall post this calculation and supporting documents on a public website where other information on the Strong Communities Workforce Development Fund and its grantmaking are located.
(f) Monies in the fund shall be competitively granted for the purpose of developing and strengthening communities heavily impacted by crime and the criminal justice system, by creating opportunities for job training, job creation, and job placement for those who face high barriers to employment. The target population is defined as any person who meets two or more of the following characteristics: (i) is under 25 years of age; (ii) is a victim of violence; (iii) does not have a high school diploma (if over 18 years of age); (iv) has been convicted of a felony; (v) has been unemployed or has had family income below 250 percent of the federal poverty level for six months or more; or (vi) lives in a census tract where over 20 percent of the population falls below the federal poverty line.
(g) Eligible grant recipients shall exhibit a model of creating employment opportunities for members of the target population or, in the case of programs serving a target population aged 20 years and under, may instead demonstrate a model of building within such members the skills necessary for future employment. Such models shall be supported by research and evaluation and may include any of the following: transitional employment programs; social enterprise; pre-apprenticeship or other training programs; school- or community-based high school dropout prevention and re-engagement programs; cooperative and small business development programs; and community-based workforce development programs.
SECTION 2. Chapter 227 of the Acts of 2020 is hereby amended in line item 7002-2021 by inserting at the end of the line item the following sentences:-
Provided further following June 30, 2022, the grant program shall be maintained from funds expended from the Strong Communities and Workforce Development Fund pursuant to Section 1.
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An Act relative to fair hiring practices
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S1207
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SD2222
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-17T10:44:59.103'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-17T10:44:59.1033333'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1207) of Mark C. Montigny for legislation relative to fair hiring practices. Labor and Workforce Development.
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SECTION 1. Section 4 of Chapter 151B of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following subsection after subsection 9A:-
9B. For an employer or employment agency, itself or through its agent, to:
(1) refuse to hire, employ, or consider a person for employment based on a person's status as unemployed;
(2) limit, segregate or classify a person in any manner that would limit or tends to limit his access to information about jobs, or consideration, screening or referral for consideration of jobs because of his status as unemployed; or
(3) publish, print or circulate or cause to be published, printed or circulated in print, on the internet, or in any other medium, any advertisement, announcement, or posting for any job that includes:
(a) any provision stating or indicating that a person’s status as unemployed disqualifies him from a job or referral for a job;
(b) any provision stating or indicating that an employer will not consider a person for employment based on that person’s status as unemployed; or
(c) any provision stating or indicating that a person’s current employment is a requirement for a job;
(4) use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification or discrimination based on a person’s status as unemployed; or
(5) fail or refuse to screen, consider, or refer a person for employment because of his status as unemployed;
For purposes of this subsection, the term “status as unemployed” shall mean a person's present or past unemployment, regardless of the length of time that the person has been unemployed.
Notwithstanding the provisions of this subsection, it shall not be an unlawful employment practice for an employer or employment agency to:
(1) circulate an announcement for a job vacancy that limits hiring to the employer's existing work force;
(2) consider a person's employment history or factual and objective reasons underlying a person's status as unemployed in assessing a person's ability to perform the job; or
(3) assess whether a person's employment in a similar or related job for a period of time reasonably proximate to the time of consideration of the person for new employment is a bona fide occupational qualification reasonably necessary for the successful performance of the job being filled.
(4) circulate an announcement for a job vacancy that contains provisions setting forth any qualifications for a job as permitted by law including the holding of a current or valid professional or occupational license, certificate, registration, permit, or other credential or a minimum level of education, training, or professional, occupational, or field experience.
SECTION 2. Section 4 of Chapter 151B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following subsection after subsection 19:-
20. It shall be unlawful employment practice for an employer or employment agency, itself or through its agent, in connection with an application for employment, or the terms, conditions, or privileges of employment, or the transfer, promotion, bonding, or discharge of any person, or in any other matter relating to the employment of any person, to request or require that an employee or applicant disclose any user name, password, or other means for viewing or accessing the information contained on an employee’s or applicant’s personal account or service through any device that uses electronic signals to create, transmit, and receive information.
For purposes of this subsection, the term “personal account or service” shall mean any personal web site, internet web site, social networking account, email account, web-based account, or similar account but does not include any non-personal account or service created by the employer or employment agency that provides access to the employer’s or employment agency’s computer network, information systems, or email system.
Notwithstanding the provisions of this subsection, it shall not be an unlawful employment practice for an employer or employment agency to:
(1) investigate an employee’s actions for the purpose of ensuring compliance with applicable federal and state securities or financial law, statutes, and regulatory requirements based on the receipt of information about the use of a personal account or service by an employee for business purposes;
(2) investigate an employee’s actions based on the receipt of information about unauthorized downloading or transferring of the employer’s proprietary, confidential, or financial information to a personal account or service, or disclosure of the same on a personal account or service, by an employee; or
(3) monitor the usage and any information transmitted through the employer's or employment agency’s electronic equipment without requesting or requiring that any employee or applicant disclose any user name, password, or other means for viewing or accessing the information contained on a personal account or service.
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An Act relative to apprenticeship programs
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S1208
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SD1500
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:22:00.58'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:22:00.58'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-30T12:53:13.5433333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-30T12:53:13.5433333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-30T12:55:09.1466667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-30T16:54:55.6366667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-30T16:54:55.6366667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-30T16:54:55.6366667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T16:54:55.6366667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-30T16:54:55.6366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T10:18:32.2733333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T10:18:32.2733333'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-01T15:42:02.2833333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-01T15:42:02.2833333'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-02-01T15:42:02.2833333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-01T15:42:02.2833333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T15:42:02.2833333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T17:04:50.0066667'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-02T17:04:50.0066667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T11:56:53.18'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-02-08T11:56:53.18'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-08T11:56:53.18'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T11:56:53.18'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T11:56:53.18'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-13T16:21:49.4466667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-13T16:21:49.4466667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-15T12:56:24.9933333'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-15T12:56:24.9933333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-22T11:36:53.3566667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-22T11:36:53.3566667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-03-01T10:21:47.0066667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-02T15:25:30.8266667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-08T11:27:59.68'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-09T16:08:13.2333333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-12T13:39:37.1833333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-05-01T14:37:44.8933333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-08-17T10:06:31.43'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1208) of Michael O. Moore, Rodney M. Elliott, James C. Arena-DeRosa, Adam Scanlon and other members of the General Court for legislation relative to apprenticeship programs. Labor and Workforce Development.
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SECTION 1. Section 44D of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (b) the following subsection:-
(c) This section shall apply to any request for bids or request for proposals for contracts set forth herein which are issued more than 90 days after the date this section becomes effective. This section shall further apply to any contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building that is subject to sections 26 through 27D of chapter 149, inclusive, regardless of whether the project is not otherwise subject to sections 44A to 44H of chapter 149, inclusive.
For all such contracts, all trade contractors and subcontractors working under the contract shall, within 30 calendar days of award of the contract, maintain or participate in an apprentice training program registered and approved pursuant to sections 11E through 11W of chapter 23, inclusive, or registered and approved as a registered apprenticeship program by the U.S. Department of Labor pursuant to 29 C.F.R. Section 29. Said contractors and subcontractors shall employ apprentices registered and approved through said programs on said contract throughout the duration of said contract. Effective January 1, 2025, to be eligible as an apprenticeship program under this section, said registered and approved apprenticeship program must have graduated apprentices to journey worker status for at least three of the past 5 years.
Within 45 calendar days of award of the contract, each contractor and subcontractor shall provide written certification of compliance with this section and documentation identifying the apprenticeship program which it maintains or in which it participates to the attorney general.
SECTION 2. Chapter 149A of the General Laws is hereby amended by adding the following section:
Section 22. (a) This section shall apply to any request for bids or request for proposals for contracts set forth herein which are issued more than 90 days after the date this section becomes effective.
For all such contracts, all trade contractors and subcontractors working under the contract shall, within 30 calendar days of award of the contract, maintain or participate in an apprentice training program registered and approved pursuant to sections 11E through 11W of chapter 23, inclusive, or registered and approved as a registered apprenticeship program by the U.S. Department of Labor pursuant to 29 C.F.R. Section 29. Said contractors and subcontractors shall employ apprentices registered and approved through said programs on said contract throughout the duration of said contract. Effective January 1, 2025, to be eligible as an apprenticeship program under this section, said registered and approved apprenticeship program must have graduated apprentices to journey worker status for at least three of the past 5 years.
Within 45 calendar days of award of the contract, each contractor and subcontractor shall provide written certification of compliance with this section and documentation identifying the apprenticeship program which it maintains or in which it participates to the attorney general.
SECTION 3. Section 39M of chapter 30 of the General Laws, as so appearing, is hereby amended by inserting after subsection (e), the following subsection:-
(f) This section shall apply to any request for bids or request for proposals for contracts set forth herein which are issued more than 90 days after the date this section becomes effective.
For all such contracts, all trade contractors and subcontractors working under the contract shall, within 30 calendar days of award of the contract, maintain or participate in an apprentice training program registered and approved pursuant to sections 11E through 11W of chapter 23, inclusive, or registered and approved as a registered apprenticeship program by the U.S. Department of Labor pursuant to 29 C.F.R. Section 29. Said contractors and subcontractors shall employ apprentices registered and approved through said programs on said contract throughout the duration of said contract. Effective January 1, 2025, to be eligible as an apprenticeship program under this section, said registered and approved apprenticeship program must have graduated apprentices to journey worker status for at least three of the past 5 years.
Within 45 calendar days of award of the contract, each contractor and subcontractor shall provide written certification of compliance with this section and documentation identifying the apprenticeship program which it maintains or in which it participates to the attorney general.
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An Act to prohibit mandatory overtime
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S1209
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SD731
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-14T16:39:20.617'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-14T16:39:20.6166667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T13:34:57.8066667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T11:33:24.89'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T10:12:28.18'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T14:08:55.5733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T08:37:05.21'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-13T10:58:34.2466667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-05-19T09:08:39.61'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1209/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1209) of Jacob R. Oliveira, Jack Patrick Lewis, Patricia A. Duffy, James K. Hawkins and other members of the General Court for legislation to prohibit mandatory overtime. Labor and Workforce Development.
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SECTION 1. Chapter 111 of the Massachusetts General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 226, and inserting in place thereof the following section:-
Section 226. (a) For the purposes of this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Facility" shall mean a hospital licensed under section 51 of this chapter, the teaching hospital of the University of Massachusetts medical school, any licensed private or state-owned and state-operated general acute care hospital, an acute psychiatric hospital, an acute care specialty hospital, any acute care unit within a state operated healthcare facility, or a medium-security state correctional facility for male inmates located in Plymouth County that is operated and maintained by a private company under contract with the Department of Corrections. For purposes of this section, facility shall not include rehabilitation facilities, skilled nursing facilities, other long-term care facilities, or any other Massachusetts correctional facilities.
"Health Care Workforce" shall mean personnel employed by or contracted to work at a facility who have an effect upon the delivery of quality care to patients, including but not limited to registered nurses, licensed practical nurses, unlicensed assistive personnel, service, maintenance, clerical, professional and technical workers, and all other health care workers. For purposes of this section, doctors, interns, residents and facility management personnel, as well as any correctional facility security personnel not providing health care services, shall not be considered the health care workforce.
“Mandatory Overtime'' shall mean any hours worked by a member of the health care workforce in a facility to deliver patient care, beyond the predetermined and regularly scheduled number of hours that the hospital and a member of the health care workforce have agreed that the employee shall work, provided that in no case shall such predetermined and regularly scheduled number of hours exceed 12 hours in any 24-hour period.
(b) Notwithstanding any general or special law to the contrary, a facility shall not require a member of the health care workforce to work mandatory overtime except in the case of an emergency situation where the safety of the patient requires its use and when there is no reasonable alternative.
(c) Under subsection (b), whenever there is an emergency situation where the safety of a patient requires its use and when there is no reasonable alternative, the facility shall, before requiring overtime, make a good faith effort to have such hours covered on a voluntary basis. Mandatory overtime shall not be used as a regular practice for providing appropriate staffing for the level of patient care required.
(d) Under subsection (c), the health policy commission established under section 2 of chapter 6D, shall further develop guidelines and procedures to determine what constitutes an emergency situation for the purposes of allowing mandatory overtime. In developing those guidelines, the commission shall consult with those employees and employers who would be affected by such a policy. The commission shall solicit comment from those same parties through a public hearing.
(e) Facilities shall report all instances of mandatory overtime and the circumstances requiring its use to the department of public health or, in the case of the aforementioned medium-security state correctional institution, by the contracting management company and to the department of corrections. Such reports shall be public documents.
(f) A member of the health care workforce shall not be allowed to exceed 16 consecutive hours worked in a 24-hour period. In the event a member of the health care workforce works 16 consecutive hours, that member of the health care workforce must be given at least 8 consecutive hours of off-duty time immediately-after the worked overtime.
(g) This section is intended as a remedial measure to protect the public health and the quality and safety of patient care and shall not be construed to diminish or waive any rights of the member of the healthcare workforce under other laws, regulations or collective bargaining agreements. The refusal of a member of the healthcare workforce to accept work in excess of the limitations set forth in this section shall not be grounds for discrimination, dismissal, discharge or any other employment decision.
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Resolve reviving and continuing the non-emergency human services transportation task force
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S121
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SD1723
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-18T09:38:04.213'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-18T09:38:04.2133333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-15T12:51:01.06'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T09:47:52.66'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-17T12:59:45.5666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S121/DocumentHistoryActions
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Resolve
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By Ms. Moran, a petition (accompanied by resolve, Senate, No. 121) of Susan L. Moran, James B. Eldridge, Carmine Lawrence Gentile and Jacob R. Oliveira that provisions be made to revive and continue the non-emergency human services transportation task force. Children, Families and Persons with Disabilities.
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Resolved, that the task force established in section 134 of chapter 24 of the acts of 2021 is hereby revived and continued to December 1, 2026.
The task force on non-emergency human services transportation established in section 134 of chapter 24 of the acts of 2021 is hereby revived and continued; provided, however, that the task force shall file its final report and its recommendations, if any, together with drafts of legislation necessary to carry those recommendations into effect by filing the same with the clerks of the senate and house of representatives, the house and senate committees on ways and means, the joint committee on transportation, the joint committee on children, families and persons with disabilities, the secretary of health and human services and the secretary of transportation not later than December 1, 2026; and provided further, that the task force may make a draft of its final report available to the public for comment before filing it as provided herein.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J13', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J13'}, 'Votes': []}]
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[]
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An Act relative to a prevailing wage for trash and recycling collectors, moving contractors, and motor bus pupil transporters
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S1210
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SD592
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T12:55:32.247'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T12:55:32.2466667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-27T14:49:16.39'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T14:49:16.39'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1210/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1210) of Marc R. Pacheco for legislation relative to a prevailing wage for trash and recycling collectors, moving contractors, and motor bus pupil transporters. Labor and Workforce Development.
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SECTION 1. Chapter 149 of the Massachusetts General Laws is hereby amended by striking Section 27F and inserting in place thereof the following section:
Section 27F: Wages of operators of rented equipment; agreements; penalty; civil action
Section 27F. No agreement of lease, rental or other arrangement, and no order or requisition under which a truck or any automotive or other vehicle or equipment is to be engaged in public works by the Commonwealth or by a county, city, town or district, shall be entered into or given by any public official or public body unless said agreement, order or requisition contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to the operators of said trucks, vehicles or equipment. Any such agreement, order or requisition which does not contain said stipulation shall be invalid, and no payment shall be made thereunder. Said rates of wages shall be requested of said commissioner by said public official or public body, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, pension plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said operators.
Whoever pays less than said rates of wages, including payments to health and welfare funds, pension plans or the equivalent in wages, on said works, and whoever accepts for his own use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said wages or health and welfare funds, pension plans shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.
An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.
SECTION 2. Chapter 149 of the Massachusetts General Laws is hereby amended by striking Section 27G and inserting in place thereof the following section:
Section 27G: Wages of employees of moving contractors; contracts; injunctive relief; damages
Section 27G. No contract for the moving of office furniture and fixtures shall be entered into or given by the commonwealth or by a county, city, town or district unless said contract contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to the employees of a moving contractor. Any such contract which does not contain said stipulation shall be invalid, and no payment shall be made thereunder. Said rates of wages shall be requested of the commissioner by the commonwealth or by a county, city, town or district, and shall be furnished by the commissioner in a schedule containing the classifications of jobs and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, pension plans or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees.
An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.
SECTION 3. Chapter 149 of the Massachusetts General Laws is hereby amended by inserting the following section:
Section 27I: Wages of school bus drivers; contracts; injunctive relief; damages
Section 27I. No contract for the transportation of pupils in the Commonwealth shall be entered into or given by a county, city, town or school district unless said contract contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to the employees of a motor bus company as defined by Section 7A of Chapter 71 of the Massachusetts General Laws. Any such contract which does not contain said stipulation shall be invalid, and no payment shall be made thereunder. Said rates of wages shall be requested of the commissioner by the Commonwealth or by a county, city, town or school district, and shall be furnished by the commissioner in a schedule containing the classifications of jobs and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, pension plans or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees.
An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.
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An Act relative to plant relocation
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S1211
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SD1147
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-18T23:01:37.96'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-18T23:01:37.96'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-28T15:17:17.0333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1211/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1211) of Marc R. Pacheco for legislation relative to plant relocation and severance. Labor and Workforce Development.
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Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by deleting sections 183 and 184 and inserting in place thereof the following new section 183:-
"Covered establishment" means any industrial, commercial or health care facility or part thereof which employs or has employed at any time in the preceding 12-month period 100 or more persons.
"Employer" means any person who directly or indirectly owns or operates a covered establishment.
"Relocation" means the removal of all or substantially all of industrial or commercial operations in a covered establishment to a new location, within or without the Commonwealth of Massachusetts, 100 or more miles distant from its original location.
Any employer who relocates or terminates a covered establishment shall be liable to his or its employees for severance pay at the rate of no less than one week's pay for each year of employment by the employee in that establishment. The severance pay to eligible employees shall be in addition to any final wage payment to the employee and shall be paid within one regular pay period after the employee's last full day of work, notwithstanding any other provisions of law.
There shall be no liability for severance pay to an eligible employee if: (A) relocation or termination of a covered establishment is necessitated by a physical calamity; (B) that employee accepts employment at the new location; or (C) that employee has been employed by the employer for less than three years.
Any employer who violates the provisions of this section shall be liable to the employee or employees affected in the amount of their unpaid severance pay. Action to recover the liability may be maintained against any employer in any state or Federal court of competent jurisdiction by any one or more employees for and on behalf of himself or themselves and any other employees similarly situated. Any labor organization may also maintain an action on behalf of its members.
Any person proposing to relocate or terminate a covered establishment shall notify the secretary of labor in writing not less than 60 days prior to the relocation. Any person violating this provision commits a civil violation for which a forfeiture of not more than $500 may be adjudged, provided that no forfeiture may be adjudged if the relocation is necessitated by a physical calamity, or if the failure to give notice is due to unforeseen circumstances.
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An Act relative to continuation of health insurance in the case of plant closings
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S1212
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SD1148
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-18T23:04:25.62'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-18T23:04:25.62'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:33:23.1466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1212/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1212) of Marc R. Pacheco for legislation relative to continuation of health insurance in the case of plant closings. Labor and Workforce Development.
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SECTION 1. Section one hundred and fifty C of chapter one hundred and forty-nine A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 5 after the words "chapter one hundred and seventy-five" the following words:- or a contract for hospital and medical services pursuant to chapter one hundred and seventy-six A and chapter one hundred and seventy-six B or an agreement for dental services pursuant to chapter one hundred and seventy-six E or an agreement for optometric services pursuant to chapter one hundred and seventy-six F or a health maintenance contract pursuant to chapter one hundred and seventy-six G and,.
SECTION 2. Section one hundred and fifty C of chapter one hundred and forty-nine A of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by adding the following paragraph as a second paragraph:-
No person shall by a special contract with an employee or by any other means exempt himself from this section. The president and treasurer of a corporation and any officers or agents having the management of such corporation shall be deemed to be a person having employees in his service within the meaning of this section.
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An Act establishing a Commonwealth citizen service initiative
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S1213
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SD1149
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-18T23:19:57.833'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-18T23:19:57.8333333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:33:46.21'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1213/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1213) of Marc R. Pacheco for legislation to establish the Massachusetts Service Alliance. Labor and Workforce Development.
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SECTION 1. Chapter 6 of the General Laws is hereby amended by striking out section 121, as appearing in the 2020 Official Edition.
SECTION 2. Said chapter 6 is hereby further amended by striking out sections 209 to 213, inclusive, as so appearing.
SECTION 3. The general court finds: that the commonwealth has a strong history of community service, community service-learning, and volunteerism, with a vast array of programs that successfully mobilize volunteers and encourage students to be active members of their communities; that every day thousands of people across the commonwealth generously give their time to educate students, assist the elderly, protect our city streets and address other critical community needs; that the increasing demand for services, and limited financial resources of the commonwealth, have contributed to the need to call up the energy, compassion, inventiveness, and the entrepreneurial spirit of all citizens to help solve many of the problems facing their communities; that research shows community service-learning helps meet the goal of education reform by improving student learning, enhancing student performance, and promoting the ethic of service; that the entire state benefits from building upon the experience, expertise and successes of the higher education service community to create the system-wide commonwealth student corps; and that it is in the commonwealth's best interest to promote reforms that will better coordinate volunteers, engage students in their communities, utilize funds, foster communication among organizations, identify the needs of the state and replicate successful models; and, that the purpose of these reforms is to make the commonwealth a national leader for community service, community service-learning, and volunteerism.
SECTION 4. The General Laws are hereby amended by inserting after chapter 6A the following chapter:-
CHAPTER 6C.
MASSACHUSETTS SERVICE ALLIANCE COMMISSION.
Section 1.This chapter shall be known and may be cited as the "Service Alliance Commission Law".
Section 2. (a) There shall be a Massachusetts Service Alliance Commission, referred to in this chapter as the MSA for the purpose of advising and assisting in the development and implementation of a comprehensive, state-wide plan for promoting volunteer involvement and citizen participation, as well as to serve as the commonwealth’s liaison to national and state organizations which support the MSA’s mission. The MSA shall establish guidelines and programs to reform, expand, replicate and implement community service and volunteer opportunities in the commonwealth. The programs and activities shall be coordinated among state departments and agencies to optimize the allocation of resources. The MSA shall promulgate regulations necessary to implement this section.
(b) The Service Alliance Commission membership shall meet the requirements of the National and Community Service Trust Act of 1993, as amended.
Section 3. The MSA’s duties and responsibilities shall include but not be limited to, the following:
(1) fulfilling the requirements of a state commission or alternative administrative entity as defined and outlined by the National and Community Service Trust Act of 1993;
(2) coordinating the advice of and providing counsel to other state agencies and organizations using community service and volunteerism as a strategy to assist in the solution of local, regional, and statewide problems;
(3) initiating and carrying out studies and analyses of proposed and implemented service and volunteer programs, which will aid in the solving of local, regional, and statewide issues.
(4) serving as an advocate for the needs of volunteers;
(5) adopting regulations to expand corps opportunities to address all community needs, such as education, environment, public safety, public health, and employment and training;
(6) acting as a clearinghouse for information, data, and other materials relative to community service and volunteer opportunities;
(7) ensuring the coordination of community service and volunteer corps operating in the commonwealth;
(8) encouraging the corporate community of the commonwealth to become an active partner in the support, advocacy and promotion of community service and volunteer opportunities in the commonwealth;
(9) requiring the assistance and participation of any department, division, bureau, commission or agency of the commonwealth in order to carry out its duties;
(10) advising and informing the general court and governor on the affairs and problems of community service and volunteer opportunities in the commonwealth; and
(11) developing outcome guidelines for accreditation of State Employees Responding as Volunteers program, higher education service sites and other programs as deemed necessary.
(12) developing mechanisms to encourage, promote and support programs that offer community service and volunteer opportunities in the commonwealth for volunteers who are 55 years of age or older.
Section 4. All state agencies shall cooperate with the MSA in carrying out its duties.
Section 5. (a) The MSA shall appoint a community service-learning advisory council consisting of not less than 10 nor more than 30 members. These persons shall represent a wide range of professions and institutions involved in education and community service, which will include, but not be limited to teachers, superintendents, counselors, students, school board members, independent agencies, business community, a Massachusetts Service Alliance member, a Massachusetts Campus Compact member, union representative and program coordinators. The MSA member or designee shall chair the advisory council.
(b). The advisory council shall assist the MSA, commissioner of education and the public higher education institutions in the development of a statewide initiative to integrate the philosophy and practice of community service-learning into the public schools, colleges and universities. These guidelines shall be directly linked to the Education Reform Act pursuant to chapter 71 of the acts of 1993. The council shall develop guidelines and criteria for disseminating grants to districts through a competitive process and the establishment of professional development opportunities for teachers, students, and community partners. The council shall develop a plan to require all districts to integrate community service-learning into curricula and teaching practices over a five-year period, beginning on January, 1, 2020.
SECTION 5. Chapter 29 of the General Laws is hereby amended by inserting after section 31E, as appearing in the 2016 Official Edition, the following section:-
Section 31F. The state employees voluntary program pursuant to section 31E shall be expanded to address additional community needs, such as environmental, educational, health and public safety issues throughout the commonwealth, through volunteer opportunities at accredited non-profit organizations. The program shall be part of an aggressive advertising campaign targeting, but not limited to, public employees and public institutions.
SECTION 6. Chapter 69 of the General Laws is hereby amended by inserting after section 10A, as so appearing, the following 6 sections:-
Section 10C. Notwithstanding any general or special law or regulation to the contrary, the commissioner, in coordination with the Massachusetts Service Alliance, shall establish a curriculum based community service-learning initiative in all pubic schools.
Section 10B. As used in this section and in sections 10C to 10G, inclusive, the following words, unless the context requires otherwise, shall have the following meanings:
"Community", a family, classroom, school, neighborhood, town or world as basis for community service-learning.
"Community service-learning", a pedagogical approach to learning and a methodology for teaching, incorporating the study of local community problems and larger social issues into the classroom curriculum, using real world scenarios as the basis for learning curricular content and developing skills including, but not limited to critical and creative thinking skills, problem solving, reasoning, communication and collaboration skills, hereinafter referred to as the Common Core of Learning. Community service-learning enables students to be active, contributing members of society;
"Commissioner", the commissioner of education.
"Department", the department of education.
"Board", the board of education.
Section 10D. (a) The purpose of this program shall be to ensure each school in the commonwealth provides opportunities for each student enrolled in the Massachusetts public schools to participate in community service-learning as a part of their regular academic courses, including but not limited to, mathematics, science, English language arts, history and social studies, art, health and world languages and other courses designed to address the student learning goals and standards outlined in the Education Reform Act pursuant to chapter 71 of the acts of 1993 and to increase the number of teachers using community service-learning.
(b) This program shall provide schools with targeted professional development, resources and grant awards to systematically integrate community service-learning into academic courses of study and to encourage schools and school districts to incorporate community service-learning into school-wide goals and school improvement plans pursuant to section 59C of chapter 71 of the General Laws. The program will require that schools use community service-learning as a strategy for implementing education reform and to make important structural and organizational changes that support improved student learning and teacher professionalism.
Section 10E. The commissioner, with the advisory council, shall have the responsibility and authority to:
(1) ensure each school in the commonwealth provides opportunities for students to participate in community service-learning as a part of their regular academic courses including but not limited to mathematics, science, English language arts, history and social studies, art, health and world languages and other courses designed to address the student learning goals and standards outlined in the Education Reform Act pursuant to chapter 71 of the acts of 1993;
(2) ensure that each student enrolled in the Massachusetts public school system participates in community service-learning at least once at each grade level;
(3) each community service-learning experience will consist of the following standards: (i) ensure that students understand how the needs of the community are identified or, when appropriate, will identify the needs of the community; (ii) ensure that students develop, acquire and demonstrate curricular knowledge and skills through participation in an integrated community service-learning experience; (iii) ensure that students acquire a developmentally appropriate understanding of the relationship between school, community and the importance of school-community partnerships; and (iv) ensure that students and teachers will work in collaboration with individuals and organizations in the community when appropriate in order to develop and implement meaningful community service-learning experiences that reflect their understanding of school and community relationships;
(4) ensure that integration of community service-learning into academic curricula and teaching practices will be aligned with the K-12 curriculum frameworks and learning standards for the commonwealth and will be developed as per guidelines developed by the advisory council and adopted by the department;
(5) ensure that each school incorporates the process it will use to include community service-learning into its curricula and teaching practices school-wide into its school improvement development plan pursuant to section 59C of chapter 71 of the General Laws and its school professional development plan, developed pursuant to section 38Q of said chapter 71;
(6) ensure that each school annually submits data, as determined by the advisory council, to the department verifying that community service-learning is being integrated into academic curricula and that each student is participating in community service-learning at least once at each grade level; and
(7) ensure each school develops community service-learning curricula that incorporate both the developmental needs of the students and the unmet needs of communities.
Section 10F. The department shall, with the advisory council:
(1) determine criteria for the successful integration of community service-learning into academic curricula and teaching practices, provide technical assistance and training as needed, and assess the progress of participating schools annually;
(2) include one open-ended question on each state assessment test which will assess the learning outcomes of community service-learning;
(3) develop a statewide community service-learning initiative and plan for integrating community service-learning into school curricula and teaching practices over a five year period and ensure that this plan is integrated into the Massachusetts Service Alliance's Massachusetts plan for service. All school schools shall begin to implement their individual five-year plans by September, 1, 2021;
(4) develop a staffing structure and appoint staff at the department’s office of curriculum and instruction to coordinate all aspects of this statewide initiative;
(5) deliver reports on the initiative to the Massachusetts Service Alliance as appropriate, as well as publicize the exceptional examples of community service in various schools.
Section 10G. School committees may include participation in a community service program among requirements for high school graduation, or may grant academic credit for the participation in the program.
SECTION 7. Section 2 of chapter 71 of the General Laws, as so appearing, is hereby amended by adding the following 2 paragraphs:-
The commissioner shall establish guidelines for promoting community service-learning as a means of fulfilling the state's civic education requirements. For the purpose of this section, the curriculum for civic education shall include, but not be limited to, such forms of community service-learning that promotes an identification of community needs, investigation, analysis, and research into those needs, and development and defense of a solution, as may be directed by the department of education.
The department of education shall file annually with the Massachusetts Service Alliance on January first a report regarding civic education requirements. The community service-learning advisory council shall develop guidelines to determine what pertinent data shall be included in the report.
SECTION 8. Section 2A of chapter 73 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
Notwithstanding any general or special law or regulation to the contrary, the community service-learning advisory council with the public higher education institutions shall establish guidelines for promoting community service-learning as a means of fulfilling the state's civic education program. For the purpose of this section, the curriculum for civic education shall include, but not be limited to, such forms of community service-learning that promotes an identification of community needs, investigation, analysis, and research into those needs, and development and defense of a solution. Guidelines established by the community service-learning advisory council with the public higher education institutions may include deadlines for the implementation of the program, criteria for the program, hours necessary for the program, and regional needs. The public higher education institutions shall file annually with the Massachusetts Service Alliance on or before January 1 a report regarding civic education programs. The community service-learning advisory council shall develop guidelines to determine what pertinent data shall be included in the report, which shall include, but not be limited to the performance measures set forth in section 7A of chapter 15A of the General Laws.
SECTION 9. Said chapter 73 is hereby amended by inserting after said section 2A, as so appearing, the following 2 sections:-
Section 2B. As used in this chapter the following words, unless the context requires otherwise, shall have the following meanings:
“Massachusetts campus compact”, is a membership organization of college and university presidents leading Massachusetts institutions of higher education in building a statewide collaboration to promote service as a critical component of higher education.
"Massachusetts Service Alliance", the organization created in chapter 6B, referred to in this chapter as the MSA.
"Council", the community service-learning advisory council.
”Public Higher Education Institutions”, the institutions cited in section 5 of chapter 15A of the Massachusetts General Laws.
"Commonwealth student corps", a statewide program to coordinate the activity of students and others in activities, services and resources relative to the environment, education, public health and public safety that support or provide primary service to underserved populations and geographical areas in the commonwealth. The commonwealth student corps shall consist of, but not be limited to, the student education corps, the student conservation corps, the student health corps and the student public safety corps.
"Commissioner", the commissioner of the department of education.
"Unmet community needs", underserved populations and geographical areas in the commonwealth.
Section 2C. (a) The public higher education institutions, with the council, shall establish the commonwealth student corps to expand opportunities for students of environmental professions, student of educational professions, students of public health professions, students of public safety professions, educators, practitioners, and active and retired certified professionals to participate in public service programs that help meet critical community needs. The public higher education institutions shall work in cooperation with the MSA and develop a program to expand and coordinate public and private resources that promote community service by connecting supervised students with professionals in service programs opportunities that are consistent with students’ respective area of study
(b) The public higher education institutions shall conduct, with the council, landscape surveys that document the current status and successes of community-service learning opportunities and programs at all Massachusetts public higher education institutions.
(c) The public higher education institutions shall establish, as part of the commonwealth student corps, a curriculum based community service program.
(d) The public higher education institutions may work in cooperation with the MSA to offer the opportunity for students to be matched with accredited service sites. The MSA shall develop criteria for the accreditation of the service sites.
(e) The purpose and goals of the curriculum based community service-learning program is to: (1) increase opportunities for students throughout Massachusetts to participate in real world applied learning through curriculum based service activities; (2) help address the state's community needs; (3) strengthen communities through service; and (4) enhance the ethic of service.
(f) Notwithstanding any general or special law or regulation to the contrary, the public higher education institutions, with the council, shall have the responsibility and authority to:
(1) conduct studies and accredited projects;
(2) apply to private sources and federal government for grants to implement studies and accredited service projects; deposit funds and received from those sources in a separate account at the department of each state college or university; and expend such funds for the purpose set forth in this section;
(3) enter into agreements with each other and other entities as allowed by law for the purposes of implementing this chapter;
(4) study the feasibility of utilizing the services of retired professionals and other licensed and certified professionals;
(5) deliver reports of the program to the governor and the general court as appropriate;
(6) implement statewide commonwealth student corps programs designed to achieve the comprehensive and coordinated delivery of services to underserved populations and geographical areas; and
(7) appoint a program director to implement and administer the studies and accredited service projects initiated by this chapter.
(g) The following shall be the deadlines for the implementation of the program:
Phase I - The public higher education institutions, with the council, shall develop and implement a curriculum based community service program for students participating in the academic areas of education, the environment, public health, and public safety on or before August 1, 2023;
Phase II - The public higher education institutions, with the council, shall develop and implement a curriculum based community service program institution-wide on or before August 1, 2023."
SECTION 10. Said chapter 73 is hereby further amended by adding the following 7 sections:-
Section 21. The MSA may adopt regulations necessary to implement this program.
Section 22. Subject to a specific appropriation for this purpose, the board of higher education shall establish a student loan repayment program, to be known as the Massachusetts community service and volunteer loan repayment program, for the purposes of encouraging outstanding students to participate and foster community service and volunteer opportunities within the commonwealth by providing financial assistance for the repayment of qualified education loans, as defined herein.
Section 23. Subject to a specific appropriation for this purpose, the board of higher education shall establish a scholarship program, to be known as Massachusetts community service and volunteer scholarship program, to provide students in approved Massachusetts colleges and universities with scholarships for tuition and fees for the purpose of encouraging outstanding Massachusetts' students to participate and foster community service and volunteer opportunities within the commonwealth.
Section 24. Subject to a specific appropriation for this purpose, the board of higher education shall establish a housing voucher program to be known as the Massachusetts community service and volunteer housing voucher program, to provide students in approved Massachusetts colleges and universities with housing vouchers for the purpose of encouraging outstanding Massachusetts' students to participate and foster community service and volunteer opportunities within the commonwealth. The housing voucher, in the form and manner as the board determines, may be utilized by the recipient to assist in paying housing costs, including rent or mortgage payments, while the recipient is enrolled in good standing in the college or university. A student shall not participate in more than one of the programs established under sections 22 to 24, inclusive.
Section 25. The public higher education institutions with the advisory council shall establish a student community service and volunteer award, to be known as the Massachusetts student community service and volunteer award, to provide students in approved Massachusetts colleges and universities with the honor of receiving this award for the purpose of encouraging outstanding Massachusetts' students to participate and foster community service and volunteer opportunities within the commonwealth.
SECTION 11. A member of the commonwealth student corps shall not be considered an employee of the commonwealth entitled to benefits such as worker's compensation or unemployment benefits, nor shall a member be considered to be an employee of the commonwealth. A municipality shall not be held liable for any claim arising out of a community service program. Service opportunities shall not replace existing state employees.
SECTION 12. The General Laws are hereby amended by striking out chapter 78A.
SECTION 13. The commissioner of education and the public higher education institutions shall each file annually with the community service-learning advisory council established under chapter 6B of the General Laws on or before January 1, a report of schools participating in community service-learning activities, the commonwealth corps activities, and other the progress of other community service and volunteer programs, as well as other pertinent service data as determined by the advisory council. The Massachusetts Service Alliance shall compile the reports and additional service data and report annually to the clerk of the senate and house of representatives on or before September 1 in order to foster communication among local, state and federally funded programs engaged in community service and volunteer opportunities. Said report shall include, but not be limited to:
(1) a financial statement summarizing its expenditures and available funds;
(2) the number of projects and proposed corps placements submitted to it;
(3) the number of volunteers generated;
(4) a description of approved projects and a summary of the work completed.
SECTION 14. Notwithstanding any general or special law or regulation to the contrary, the public higher education institutions participation in community service learning activities, the commonwealth corps activities, and any other community service and volunteer programs, shall be included as one of the performance measures within the performance measurement systems established pursuant to the provisions of section 7A of chapter 15A of the General Laws.
SECTION 15. This act shall take effect January 1, 2024.
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An Act to restore workers' rights
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S1214
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SD1150
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-18T23:23:01.603'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-18T23:23:01.6033333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:33:54.79'}]
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1214) of Marc R. Pacheco for legislation to restore workers' rights. Labor and Workforce Development.
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Chapter 121 of the acts of 2020 is hereby amended by striking out sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16.
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An Act to promote pay transparency
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S1215
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SD1698
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T19:27:15.487'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T19:27:15.4866667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-13T18:11:51.1533333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:34:19.5133333'}]
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1215) of Marc R. Pacheco for legislation to promote pay transparency. Labor and Workforce Development.
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SECTION 1. Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 105A the following section:
Section 105A½. (a) As used in this section, the following words, unless the context clearly requires otherwise, shall have the following meanings:-
“Covered Employer” shall mean any employer that employed 100 or more employees in Massachusetts at any time during the prior calendar year;
“DOL”, the United States Department of Labor;
“EOLWD”, the executive office of labor and workforce development under chapter 23;
“PPOF” shall mean Pipeline Promotional Opportunities Fund as described by this section.
“Senior positions” shall mean employment positions at covered employers, as defined by the secretary of EOLWD, that are associated with a high degree of authority and leadership within a covered employer representing senior management and mid-level management;
“Secretary”, shall mean the secretary of labor and workforce development under chapter 23.
(b) On or before April 1 of each calendar year, every covered employer shall file a report with the EOLWD specifying the race and gender ratios of the employees within each senior position, as reported by such employees. Such positions include but are not limited to, executive vice president, senior vice president, assistant vice president, general manager, regional manager, division manager, manager, project manager, director, assistant director, and chief (c-level) officers.
(c) On or before April 1 of each calendar year, the EOLWD shall prepare and post on its website the gender and racial ratios of the labor force in the DOL’s six metropolitan statistical areas of Massachusetts.
(d) Employees of a covered employer whose ratios of women or minority employees among senior positions is below the ratio of women or minorities in the labor force within the same metropolitan statistical area may apply to the Pipeline Promotional Opportunities Fund, as described under section 26 of chapter 23, for funds to pay for professional development and coaching services to enhance their prospects for promotion, where such promotion would advance gender and racial parity in the leadership of her or his employer.
SECTION 2. Chapter 23 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 25 the following section:
Section 26. (a) As used in this section, the following words, unless the context clearly requires otherwise, shall have the following meanings:-
“Covered Employer” shall mean any employer that employed 100 or more employees in Massachusetts at any time during the prior calendar year;
“DOL”, the United States Department of Labor;
“Employee” shall have the same meaning as described under section 1 of this chapter;
“EOLWD”, the Executive Office of Labor and Workforce Development under chapter 23;
“PPOF” shall mean Pipeline Promotional Opportunities Fund as described by this section;
“Qualified employees” shall mean employees of a covered employer, whose ratios of women or minority employees among senior positions is below the average ratio of women or minorities in the labor force within the same metropolitan statistical area;
“Secretary” shall mean the secretary of labor and workforce development as described under section 1 of this chapter;
“Senior positions” shall mean employment positions at covered employers, as defined by the secretary of EOLWD, that are associated with a high degree of authority and leadership within a covered employer representing senior management and mid-level management.
(b) Each year, the executive office of labor and workforce development shall prepare and publish, including by posting on its website, the gender and racial ratios of each senior position at all covered employers in each of the DOL’s six metropolitan statistical areas of Massachusetts. The EOLWD shall also make available on its website annually the reports of gender and racial ratios of the senior positions filed by each covered employer. Such information shall be posted in a form that does not specify the identity of any individual person.
(c) In order to facilitate the reporting of the race and gender ratios of those in senior positions at covered employers, the secretary shall issue a reporting form for each reporting year on which she or he defines the term “senior position” and list all job titles that she or he determines are associated with a high degree of authority and leadership at covered employers.
(d) On or before April 1 of each calendar year, the EOLWD shall prepare and post on its website the gender and racial ratios of the labor force in the DOL’s six metropolitan statistical areas of Massachusetts.
(e) Subsections (f) – (h) of this section shall be known and may be cited as the “Pipeline Promotional Opportunities Fund.”
(f) There shall be established a Pipeline Promotional Opportunities Fund by the EOLWD to provide covered employers with funds to provide qualified employees with financial aid for specified professional development or coaching services intended to help such qualified employees advance professionally. The PPOF shall be administered by the secretary.
(g) The secretary shall set a standard allowable hourly fee for professional development or coaching services, establish a process for reviewing applications for funding to ascertain an employee’s promotional prospect, and verify the covered employer’s variance from proportional gender and/or racial ratios in the metropolitan statistical area. The secretary shall further promulgate any rules and regulations necessary to effectuate the purposes of this section, including but not limited to those related to the determination of initial and continued eligibility requirements for qualified applicants and the allocation of funds to qualified applicants.
(h) All recipients of PPOF funds agree to make an equivalent contribution to the PPOF fund if, within 18 months of receiving funds from the PPOF, they realize a raise and/or promotion.
SECTION 3. Notwithstanding any general law or special law or regulation to the contrary, the legislature shall appropriate $25 million dollars to the executive office of labor and workforce development for the establishment and maintenance of the Pipeline Promotional Opportunities Fund. The legislature shall replenish said fund annually to ensure adequate funds to satisfy all qualified applicants.
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An Act to clarify employer sanctions for improper expenditure of withholdings or deductions from wages
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S1216
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SD1812
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-18T23:06:43.55'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-18T23:06:43.55'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:33:37.71'}]
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1216) of Marc R. Pacheco for legislation to clarify employer sanctions for improper expenditure of withholdings or deductions from wages. Labor and Workforce Development.
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SECTION 1. Section 150C of Chapter 149A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 5 after the words "chapter one hundred and seventy-five" the following words:- or a contract for hospital and medical services pursuant to chapter one hundred and seventy-six A and chapter one hundred and seventy-six B or an agreement for dental services pursuant to chapter one hundred and seventy-six E or an agreement for optometric services pursuant to chapter one hundred and seventy-six F or a health maintenance contract pursuant to chapter one hundred and seventy-six G and,.
SECTION 2. Section 150C of Chapter 149A of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by adding the following paragraph as a second paragraph:-
No person shall by a special contract with an employee or by any other means exempt himself from this section. The president and treasurer of a corporation and any officers or agents having the management of such corporation shall be deemed to be a person having employees in his service within the meaning of this section.
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An Act uplifting families and securing the right to strike for certain public employees
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S1217
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SD317
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T12:02:33.593'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T12:02:33.5933333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-30T15:51:42.19'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-30T15:51:42.19'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T14:57:50.3066667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-06T15:51:04.4433333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T16:16:16.07'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:42:07.68'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-29T16:37:21.7666667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-29T16:37:21.7666667'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-04-11T15:18:36.6266667'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-04-27T13:01:28.2366667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-07-05T12:07:44.6633333'}]
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1217) of Rebecca L. Rausch, James K. Hawkins, Marc R. Pacheco, Vanna Howard and other members of the General Court for legislation relative to uplift families and secure the right to strike for certain public employees. Labor and Workforce Development.
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SECTION 1. Section 9 of chapter 150E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 1, the words “a reasonable period” and inserting in place thereof the following words:- 6 months.
SECTION 2. Said section 9 of chapter 150E, as so appearing, is hereby further amended by inserting, in line 19, after the word “mediation” the following words:- not to exceed 6 months.
SECTION 3. Said section 9 of chapter 150E, as so appearing, is hereby further amended by striking out, in line 22, the words “If the impasse continues after the conclusion of mediation, either” and inserting in place thereof the following word:- Either.
SECTION 4. Said section 9 of chapter 150E, as so appearing, is hereby further amended by inserting at the end thereof the following paragraph:- The provisions of section 9A of this chapter shall not apply once a petition for a determination of the existence of an impasse is filed under this section, unless the negotiation pertains to public safety employees.
SECTION 5. Said chapter 150E, as so appearing, is hereby further amended in section 9A by striking out the first paragraph and inserting in place thereof the following paragraph:-
(a) No public safety employee or public safety employee organization, or any other public employee or public employee organization prior to 6 months of negotiation over the terms of a collective bargaining agreement pursuant to section 9, shall engage in a strike, work stoppage, slowdown or withholding of services by such public employees.
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An Act relative to non-compete agreements for veterinarians
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S1218
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SD368
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T16:45:44.623'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T16:45:44.6233333'}]
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1218) of Rebecca L. Rausch for legislation relative to non-compete agreements for veterinarians. Labor and Workforce Development.
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Chapter 112 of the General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following section:-
Section 59B. Any contract or agreement which creates or establishes the terms of a partnership, employment, or any other form of professional relationship with a veterinarian registered to practice veterinary medicine pursuant to section 55 of this chapter, which includes any restriction of the right of such veterinarian to practice veterinary medicine in any geographic area for any period of time after the termination of such partnership, employment or professional relationship shall be void and unenforceable with respect to said restriction; provided, however, that nothing herein shall render void or unenforceable the remaining provisions of any such contract or agreement.
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An Act to establish a standard for prevention of heat illness in outdoor public sector workers
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S1219
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SD2308
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T15:27:21.033'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T15:27:21.0333333'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1219) of Rebecca L. Rausch for legislation to establish a standard for prevention of heat illness in outdoor public sector workers. Labor and Workforce Development.
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SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting after section 203 the following new section:-
Section 204. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Acclimatization”, temporary adaptation of the body to work in the heat that occurs gradually when a person is exposed to it. Acclimatization peaks in most people within four to fourteen days of regular work for at least two hours per day in the heat.
“Heat Illness”, a serious medical condition resulting from the body's inability to cope with a particular heat load, and includes heat cramps, heat exhaustion, heat syncope and heat stroke.
“Environmental risk factors for heat illness”, working conditions that create the possibility that heat illness could occur, including air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing and personal protective equipment worn by employees.
“Landscaping”, providing landscape care and maintenance services and/or installing trees, shrubs, plants, lawns, or gardens, or providing these services in conjunction with the design of landscape plans and/or the construction (i.e., installation) of walkways, retaining walls, decks, fences, ponds, and similar structures, except for employment by an employer who operates a fixed establishment where the work is to be performed and where drinking water is plumbed.
“Outdoor worker”', any worker engaged in landscaping, outdoor construction related activities, or any other work-related activity that occurs outside of a building for 30 minutes or longer on any single day.
“Personal risk factors for heat illness”, factors such as an individual's age, degree of acclimatization, health, water consumption, alcohol consumption, caffeine consumption, and use of prescription medications that affect the body's water retention or other physiological responses to heat.
“Shade”, blockage of direct sunlight. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. For example, a car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is running with air conditioning. Shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions and that does not deter or discourage access or use.
“Temperature”, the dry bulb temperature in degrees Fahrenheit obtainable by using a thermometer to measure the outdoor temperature in an area where there is no shade. While the temperature measurement must be taken in an area with full sunlight, the bulb or sensor of the thermometer should be shielded while taking the measurement, e.g., with the hand or some other object, from direct contact by sunlight.
“Workplace Safety and Health Program”, The Massachusetts Workplace Safety and Health Program (WSHP) recognized as an OSHA State Plan in August 2022. WSHP enforces occupational safety and health regulations in public sector workplaces, including: state, county, and municipal workplaces; public schools, colleges, universities, and quasi-government agencies, such as water districts and transportation. Federal OSHA continues to have jurisdiction over the private sector.
(b) Employees shall have access to potable drinking water that is fresh, pure, suitably cool, and provided to employees free of charge. The water shall be located as close as practicable to the areas where employees are working. Where drinking water is not plumbed or otherwise continuously supplied, it shall be provided in sufficient quantity at the beginning of the work shift to provide one quart per employee per hour for drinking for the entire shift. Employers may begin the shift with smaller quantities of water if they have effective procedures for replenishment during the shift as needed to allow employees to drink one quart or more per hour.
(c) (1) Shade shall be present when the temperature exceeds 80 degrees Fahrenheit. When the outdoor temperature in the work area exceeds 80 degrees Fahrenheit, the employer shall have and maintain one or more areas with shade at all times while employees are present that are either open to the air or provided with ventilation or cooling. The amount of shade present shall be at least enough to accommodate the number of employees on recovery or rest periods, so that they can sit in a normal posture fully in the shade without having to be in physical contact with each other. The shade shall be located as close as practicable to the areas where employees are working. Subject to the same specifications, the amount of shade present during meal periods shall be at least enough to accommodate the number of employees on the meal period who remain onsite.
(2) Shade shall be available when the temperature does not exceed 80 degrees Fahrenheit. When the outdoor temperature in the work area does not exceed 80 degrees Fahrenheit employers shall either provide shade as per subsection (d)(1) or provide timely access to shade upon an employee's request.
(3) Employees shall be allowed and encouraged to take a preventative cool-down rest in the shade when they feel the need to do so to protect themselves from overheating. Such access to shade shall be permitted at all times. An individual employee who takes a preventative cool-down rest (A) shall be monitored and asked if he or she is experiencing symptoms of heat illness; (B) shall be encouraged to remain in the shade; and (C) shall not be ordered back to work until any signs or symptoms of heat illness have abated, but in no event less than 5 minutes in addition to the time needed to access the shade.
(4) If an employee exhibits signs or reports symptoms of heat illness while taking a preventative cool-down rest or during a preventative cool-down rest period, the employer shall provide appropriate first aid or emergency response according to subsection (e) of this section.
Exceptions to subsections (c)(1) and (c)(2):
(1) Where the employer can demonstrate that it is infeasible or unsafe to have a shade structure, or otherwise to have shade present on a continuous basis, the employer may utilize alternative procedures for providing access to shade if the alternative procedures provide equivalent protection.
(2) Cooling measures other than shade (e.g., use of misting machines) may be provided in lieu of shade if the employer can demonstrate that these measures are at least as effective as shade in allowing employees to cool.
(d) Emergency Response Procedures. The Employer shall implement effective emergency response procedures including:
(1) Ensuring that effective communication by voice, observation, or electronic means is maintained so that employees at the work site can contact a supervisor or emergency medical services when necessary. An electronic device, such as a cell phone or text messaging device, may be used for this purpose only if reception in the area is reliable. If an electronic device will not furnish reliable communication in the work area, the employer will ensure a means of summoning emergency medical services.
(2) Responding to signs and symptoms of possible heat illness, including but not limited to first aid measures and how emergency medical services will be provided.
(A) If a supervisor observes, or any employee reports, any signs or symptoms of heat illness in any employee, the supervisor shall take immediate action commensurate with the severity of the illness.
(B) If the signs or symptoms are indicators of severe heat illness (such as, but not limited to, decreased level of consciousness, staggering, vomiting, disorientation, irrational behavior or convulsions), the employer must implement emergency response procedures.
(C) An employee exhibiting signs or symptoms of heat illness shall be monitored and shall not be left alone or sent home without being offered onsite first aid and/or being provided with emergency medical services in accordance with the employer's procedures.
(3) Contacting emergency medical services and, if necessary, transporting employees to a place where they can be reached by an emergency medical provider.
(4) Ensuring that, in the event of an emergency, clear and precise directions to the work site can and will be provided as needed to emergency responders.
(e) Acclimatization to high heat during heat waves.
(1) All employees shall be closely observed by a supervisor or designee during a heat wave. For purposes of this section only, “heat wave” means any day in which the predicted high temperature for the day will be at least 80 degrees Fahrenheit and at least ten degrees Fahrenheit higher than the average high daily temperature in the preceding five days. The observation shall continue for the duration of the heat wave or for 14 days, whichever is shorter.
(2) When a worker starts on a job during a heat wave, the worker shall be closely observed for the duration of the heat wave or for 14 days from the date of arrival, whichever period is shorter.
(f) Training.
(1) Employee training. Effective training in the following topics shall be provided to each supervisory and non-supervisory employee before the employee begins work that should reasonably be anticipated to result in exposure to the risk of heat illness:
(A) The environmental and personal risk factors for heat illness, as well as the added burden of heat load on the body caused by exertion, clothing, and personal protective equipment.
(B) The employer's procedures for complying with the requirements of this standard, including, but not limited to, the employer's responsibility to provide water, shade, cool-down rests, and access to first aid as well as the employees' right to exercise their rights under this standard without retaliation.
(C) The importance of frequent consumption of small quantities of water, up to 4 cups per hour, when the work environment is hot and employees are likely to be sweating more than usual in the performance of their duties.
(D) The concept, importance, and methods of acclimatization pursuant to the employer's procedures under subsection (h)(4).
(E) The different types of heat illness, the common signs and symptoms of heat illness, and appropriate first aid and/or emergency responses to the different types of heat illness, and in addition, that heat illness may progress quickly from mild symptoms and signs to serious and life threatening illness.
(F) The importance to employees of immediately reporting to the employer, directly or through the employee's supervisor, symptoms or signs of heat illness in themselves, or in co-workers.
(G) The employer's procedures for responding to signs or symptoms of possible heat illness, including how emergency medical services will be provided should they become necessary.
(H) The employer's procedures for contacting emergency medical services, and if necessary, for transporting employees to a point where they can be reached by an emergency medical service provider.
(I) The employer's procedures for ensuring that, in the event of an emergency, clear and precise directions to the work site can and will be provided as needed to emergency responders. These procedures shall include designating a person to be available to ensure that emergency procedures are invoked when appropriate.
(2) Supervisor training. Prior to supervising employees performing work that should reasonably be anticipated to result in exposure to the risk of heat illness effective training on the following topics shall be provided to the supervisor:
(A) The information required to be provided by section (h)(1) above.
(B) The procedures the supervisor is to follow to implement the applicable provisions in this section.
(C) The procedures the supervisor is to follow when an employee exhibits signs or reports symptoms consistent with possible heat illness, including emergency response procedures.
(D) How to monitor weather reports and how to respond to hot weather advisories.
(g) Heat Illness Prevention Plan. The employer shall establish, implement, and maintain an effective heat illness prevention plan. The plan shall be in writing in both English and the language understood by the majority of the employees and shall be made available at the worksite to employees and to representatives of the Department of Labor Standards upon request. The Heat Illness Prevention Plan may be included as part of the employer's Illness and Injury Prevention Program required by section 3203, and shall, at a minimum, contain:
(1) Procedures for the provision of water and access to shade.
(2) The high heat procedures referred to in subsection (d).
(3) Emergency Response Procedures in accordance with subsection (e).
(4) Acclimatization methods and procedures in accordance with subsection (f).
SECTION 2. Not later than January 1, 2025, the Department of Labor Standards shall adopt and implement the requirements in Section 1 as the state standard for the prevention of heat illness in outdoor workers covered under the Workplace Safety and Health Program. Employers shall have 6 months from the date the standard is adopted before compliance is enforced.
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An Act to support children with neonatal abstinence syndrome
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S122
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SD1744
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:50:17.213'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:50:17.2133333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-06T19:03:26.2966667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:59:17.3'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-23T12:58:53.67'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S122/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 122) of Susan L. Moran, Joanne M. Comerford, Michael O. Moore and Mathew J. Muratore for legislation to support children with neonatal abstinence syndrome. Children, Families and Persons with Disabilities.
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SECTION 1. Notwithstanding any general or special law to the contrary the commissioner of the department of development services shall include neonatal abstinence syndrome under the definition of Closely Related Development Conditions as defined under 115 CMR 2.00 and 115 CMR 6.06(1).
SECTION 2. Section 2 of chapter 123B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-
The department shall promulgate regulations to facilitate interagency coordination to achieve continuity of care, access to health care, and other services to improve social determinants of health for those aging out of care eligibility with the department of developmental services detailed in the transition provision of Children’s Supports.
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An Act relative to collective bargaining dues
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S1220
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SD549
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:10:04.943'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:10:04.9433333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:47:28.27'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1220/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1220) of Michael F. Rush and Paul McMurtry for legislation relative to collective bargaining dues. Labor and Workforce Development.
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SECTION 1. Section 10 of chapter 150E of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, after subsection (a)(6), the following subsection:-
“ (7) Refuse to provide payroll deduction for membership dues as authorized by employees represented by the Exclusive Representative.”
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An Act relative to snow removal service liability limitation
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S1221
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SD20
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-09T16:13:24.36'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-09T16:13:24.36'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1221/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1221) of Bruce E. Tarr for legislation relative to snow removal service liability limitation. Labor and Workforce Development.
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Chapter 149 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after Section 29C, the following new section:-
Section 29C1/2. (a) As used in this section, the following terms shall have the following meanings:-
"Service provider”, a person providing services under a snow removal and ice control services contract.
"Service receiver", a person receiving services under a snow removal and ice control services contract.
"Snow removal and ice control services contract", a contract or agreement for the performance of any of the following: (1) plowing, shoveling, or other removal of snow or other mixed precipitation from a surface; (2) de-icing services; or (3) a service incidental to an activity described in item (1) or (2), including operating or otherwise moving snow removal or de-icing equipment or materials.
(b) A provision, clause, covenant, or agreement that is part of or in connection with a snow removal and ice control services contract is against public policy and void if it does any of the following: (1) requires, or has the effect of requiring, a service provider to indemnify a service receiver for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees; (2) requires, or has the effect of requiring, a service receiver to indemnify a service provider for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees; (3) requires, or has the effect of requiring, a service provider to hold a service receiver harmless from any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees; (4) Requires, or has the effect of requiring, a service receiver to hold a service provider harmless from any tort liability for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees.
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An Act providing a safe harbor for contractors of services
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S1222
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SD46
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:45:44.383'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:45:44.3833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1222/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1222) of Bruce E. Tarr for legislation to provide a safe harbor for contractors of services. Labor and Workforce Development.
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SECTION 1. Section 148B of Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the paragraph designation “(a)” in line 1, the following numeral:- (1)
SECTION 2. Said Section 148B of said Chapter 149, as so appearing, is hereby further amended by inserting after the word “performed.”, in line 11, the following words:- (a)(2) An individual who has pre-registered as a payroll-taxpaying entity with the Department of Revenue and has attested that said registration is being provided “voluntarily and free from coercion by any person or entity” shall be considered to have satisfied test (2) in (a)(1) above if the contract for work:
(1) Provides compensation that equals or exceeds $30 per hour, or $1,200 per week, or $5,160 per month, or
(2) Involves either: a) the provision of services requiring professional certification or licensure and the individual possesses such certification or licensure; or b) conducting business in a franchise relationship subject to the rules and regulations of the Federal Trade Commission, and the relationship complies with those rules and regulations, or
(3) Provides for work that by occupational definition consistently requires any of the following: (a) exercise of discretion and independent judgment with respect to matters of significance; (b) advanced knowledge in a field of science or learning; or (c) invention, imagination, intellect, creativity, originality, or talent in a recognized field or artistic or creative endeavor, or
(4) Grants the individual either ownership of or copyright to the work product.
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An Act relative to the structure of the Commonwealth Employment Relations Board
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S1223
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SD414
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:38:08.533'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:38:08.5333333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T10:36:14.9333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1223/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1223) of Bruce E. Tarr and Adam Scanlon for legislation relative to the structure of the Commonwealth Employment Relations Board. Labor and Workforce Development.
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Section 1. Subsection (a) of Section 9R of Chapter 23 of the General Laws is hereby repealed and replaced with the following:-
(a) There shall be in the department of labor relations a commonwealth employment relations board, in this and the following 5 sections called the ''board,'' consisting of 3 members to be appointed by the governor, 1 of whom shall be a representative of organized labor chosen from a list of 3 candidates provided by the president of the Massachusetts AFL-CIO, 1 of whom shall be a representative of municipal management chosen from a list of 3 candidates provided by the Massachusetts Municipal Association, and 1 of whom shall be neutral. The board shall in no respect be subject to the jurisdiction of the executive office of labor and workforce development except to the extent of compliance with reasonable requests from the secretary for the sharing of information which does not interfere with the efficient and independent functioning of the board. Each member of the board shall be appointed for a term of 5 years; provided, however, that a term of appointment shall be shortened, if necessary, to ensure that the members' terms are staggered such that a term expires every 2 years. Any vacancy in the board shall be filled by appointment in like manner. No more than 2 members shall be from the same political party. Upon the expiration of the term of any member, her successor shall be appointed in like manner. Any member may be removed by the governor for neglect of duty or malfeasance in office, but for no other cause.
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An Act relative to wage theft and due process
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S1224
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SD421
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T22:04:47.697'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T22:04:47.6966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1224/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1224) of Bruce E. Tarr for legislation relative to wage theft and due process. Labor and Workforce Development.
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SECTION 1. Section 27C of chapter 149 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the words “subsection (a)”, in line 58, the following words:- , or as an alternative to initiating proceedings related to a violation of sections 100, 148E and 150C.
SECTION 2. Said section 27C of said chapter 149, as so appearing, is hereby further amended by striking out, in line 73, the words “, except that” and inserting in place thereof the following words:- ; provided, however, that the maximum penalty for an employer who commits wage theft as defined in section 148E shall be not more than $25,000; and provided further.
SECTION 3. Chapter 149 of the General Laws is hereby amended by inserting after section 148D the following 4 sections:-
Section 148E. (a) As used in this section and sections 148F to 148I, inclusive, the following words shall have the following meanings unless the context clearly indicates otherwise:-
“Wage theft”, a violation of sections 27, 27F, 27G or 27H, the first sentence of section 148, sections 148B, 148C or 152A, subsections (c) or (d) of section 159C, sections 1, 1A, 1B, 2A or 7 of chapter 151, clauses (4) or (5) of section 19 of chapter 151 or section 20 of chapter 151.
(b) An employer, except a staffing agency, as defined by section 159C, that is licensed or registered pursuant to sections 46A to 46R, inclusive, of chapter 140, shall provide each employee, not later than 10 days after the commencement of their employment, with written or electronic notice in the language the employer normally uses to communicate employment-related information to the employee, of the following information: (i) the rate or rates of pay (ii) the regular pay day designated by the employer; (iii) the name of the employer, including any “doing business as” names used by the employer; (iv) the physical address of the employer’s and mailing address, if different; (v) the telephone number of the employer; and (vi) the telephone number of the employer.
(c) An employer shall have an affirmative defense under this section if (i) demanding and reviewing sign-in sheets or other evidence of hours worked for all employees and proof of payments to all employees; or (ii) operating for 5 years without a violation under this chapter or chapter 151 and for 5 years; or (iii) providing sufficient evidence of impossibility of performance, not caused by or resulting from a violation of law; or (iv) purchasing a bond from a surety company authorized in the commonwealth, upon notice of violation issued pursuant to subsection (c) in an amount sufficient to cover the amount claimed, or having a bond from a surety company authorized in the commonwealth sufficient to cover the wages provided to workers wages.
An employer who has not taken the actions specified in this section shall not be subject to any negative or adverse inference as a result of not having completed these actions.
(d) When the attorney general informs the director of the department of unemployment assistance that an employer, person or entity responsible for the payment of contributions under section 14 of chapter 151A committed a wage theft violation or otherwise failed to timely pay wages to an individual, the individual’s unemployment benefit shall be calculated under chapter 151A as if the wages had been timely paid.
(e) No person or entity shall by contract or any other means be exempted from subsections (a), (b), (c), (e), (f), (g), (h), (i) or (j) or from sections 148F or 148G. Nothing in this chapter shall limit the availability of other remedies at law or equity.
(f) The attorney general may promulgate regulations to implement this section.
Section 148F. (a) Notwithstanding sections 15 and 47 of chapter 151A, if the director of the department of unemployment assistance, or a designee, determines that a person or entity is failing to make contributions required by section 14 of chapter 151A, the director or designee may issue a stop work order to an employing unit and the officer or agent of the employing unit, requiring the cessation of all business operations of the employer as to the specific place of business and employment for which the violation exists.
Not less than 5 days before the commencement of a stop work order under this section, the director or designee shall notify the person or entity of the intended action and give the person or entity an opportunity to confer with the director or designee in person or through counsel or other representative as to the proposed action. Notice shall be given the person or entity by mail, postage prepaid, to the usual place of business or, if there is no usual place of business, to the last known address.
The stop work order may be issued only against the person or entity found to be in violation and only as to the specific place of business or employment for which the violation exists. The stop work order shall be effective 7 business days after it is served upon the violator or the place of business or employment. A stop work order may be served in hand or at a place of business, employment or job site by posting a copy of the stop work order in a conspicuous location. The stop work order shall be in effect, subject to an appeal under subsection (b), until the director or a designee issues an order to release the stop work order upon a finding that the violation has been corrected.
(b) A person aggrieved by the imposition of a stop work order issued pursuant to this section shall have 10 days after the date of its service to make a request to the director or designee for a hearing to be held in a manner determined by the director. A person who timely files such an appeal shall be granted a hearing in accordance with chapter 30A not later than 15 days after receipt of the appeal. The stop work order shall not be in effect during the pendency of a timely filed appeal.
(c) A stop work order imposed against a person or entity shall be effective against any successor person or entity that: (i) has at least 1 of the same principals or officers as the person or entity against whom the stop work order was issued; and (ii) is engaged in the same or equivalent trade or activity as the person or entity for which the stop work order was imposed.
(e) The department of unemployment assistance may promulgate regulations to implement this section.
Section 148G. (a) Upon a determination by the attorney general, or a designee, that any person or entity is engaging in a wage theft violation, the attorney general, or designee, may issue a stop work order to an employing unit and the officer or agent of the employing unit, requiring the cessation of all business operations of the violator as to the specific place of business and employment for which the violation exists.
Not less than 5 days before the commencement of a stop work order under this section, the attorney general shall notify the person or entity of the intended action and give the person or entity an opportunity to confer with the attorney general in person or through counsel or other representative as to the proposed action. Notice shall be given to the person or entity by mail, postage prepaid, to the usual place of business, or if there is no usual place of business, to the last known address.
The stop work order may be issued only against the individual or entity found to be in violation, and only as to the specific place of employment for which the violation exists. The stop work order shall be effective 7 business days after it is served upon the violator or the place of business or employment. A stop work order may be served in hand or at a place of business, employment or job site by posting a copy of the stop work order in a conspicuous location. The stop work order shall be in effect, subject to an appeal under subsection (b), until the attorney general or a designee issues an order to release the stop work order upon a finding that the violation has been corrected.
(b) A person or entity aggrieved by the imposition of a stop work order shall have 10 days from the date of its service to make a request for a hearing to be held in a manner determined by the attorney general. A person or entity that timely files such an appeal shall be granted a hearing in accordance with chapter 30A within 14 days of receipt of the appeal. The stop work order shall not be in effect during the pendency of a timely filed appeal.
(c) A stop work order imposed under this section against a person or entity shall be effective against a successor person or entity that: (i) has at least 1 of the same principals or officers as the person or entity against whom the stop work order was issued; and (ii) is engaged in the same or equivalent trade or activity as the person or entity for which the stop work order was imposed.
(d) An employee affected by a stop work order pursuant to this section shall be paid for the period the stop work order is in place or the first 10 days the employee was scheduled to work if the stop work order had not been issued, whichever is less by the person or entity that was served the stop work order. Time lost by an employee affected by a stop work order issued pursuant to this section, not exceeding 10 days, shall be considered time worked under chapters 149 and 151.
(e) The attorney general may promulgate regulations to implement this section.
Section 148H. There shall be a Wage Theft Compensation Trust Fund. The fund shall be administered by the attorney general. The purpose of the fund shall be to provide compensation related to wage theft. The fund shall consist of amounts credited to the fund from: (i) revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; (ii) wage theft fines collected under section 27C of section 149, as determined by the attorney general; and (iii) funds from public or private sources, including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund.
The attorney general may expend money from the fund to: (i) a worker owed wages due to wage theft if all other options for recovery have been exhausted or substantial hardship will result to the worker prior to exhaustion of options for recovery; (ii) worker outreach and education to prevent wage theft.
Money remaining in the fund at the close of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.
Annually, not later than March 1, the attorney general shall report on the activities of the fund to the clerks of the senate and the house of representatives, the joint committee on labor and workforce development and the chairs of the senate and house committees on ways and means. The report shall include: (i) expenditures made from the fund; (ii) amounts credited to the fund; and (iii) any unexpended balance remaining in the fund.
The attorney general may promulgate regulations necessary to carry out this section.
Section 148I. Whenever facts exist showing that an employer has failed to comply with sections 27, 27F, 27G, 27H, 148, 148A, 148B, 148C, 150, 150C, or 152A of this chapter, or subsection (c) or (d) of section 159C of this chapter, or sections 1, 1A, 1B, 2A, 7, 19 or 20 of chapter 151, relative to wage theft, as that term is defined in section 148 of this chapter, then any 3 current or former employees may bring a civil action for wage theft.
(a) At least ninety days prior to bringing a civil action under this subsection, the 3 persons shall provide a written demand for relief, identifying the claimant and reasonably describing the alleged wage theft and the injury suffered, by certified mail, return receipt requested, to their employer. Any employer receiving such a demand for relief who, within thirty days of the mailing or delivery of the demand for relief, makes a written tender of settlement which is rejected by the claimant may, in any subsequent action, file the written tender and an affidavit concerning its rejection and thereby limit any recovery to the relief tendered if the court finds that the relief tendered was reasonable in relation to the injury actually suffered by the petitioner. After the expiration of thirty days after delivery of the notice to the employer and any other prospective defendant, the 3 current or former employees may file a civil action for wage theft.
(b) Any person receiving a demand for relief for lost wages who, within thirty days of the mailing or delivery of the demand for relief, makes a written tender of settlement which is rejected by the claimant may, in any subsequent action, file the written tender and an affidavit concerning its rejection and thereby limit any recovery to the relief tendered if the court finds that the relief tendered was reasonable in relation to the injury actually suffered by the claimant. If a full settlement is offered and rejected, the person offering the settlement would have an affirmative defense and should be entitled to attorney’s fees and costs.
(c) If the court dismisses an action brought pursuant to this section, then the court may award to an employer or any other defendant reasonable attorneys’ fees and costs. If the court makes a finding that any action brought pursuant to this section was frivolous, an employer or any other defendant shall be entitled to an additional one times its reasonable attorneys’ fees and costs as liquated damages.
(d) In any action brought pursuant to this section, Plaintiffs shall prove any violation of this chapter by a preponderance of the evidence. An employer or any other defendant shall be liable for all amounts which should have been paid by the employer.
(e) If the court dismisses an action brought pursuant to this section or Section 150 of this chapter, then the court may award to the defendant reasonable attorneys’ fees and costs. If the court makes a finding that the action was frivolous, the defendant shall be entitled to an additional one times reasonable attorneys’ fees and costs awarded as liquidated damages.
(f) Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this chapter.
(g) Actions under this subsection shall be commenced within 3 years after the cause of action accrues.
SECTION 4. Section 150C of said chapter 149, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 9, the words “one thousand dollars,” and inserting in place thereof the following words: - $1,000 or shall be subject to a civil citation or order as provided in section 27C.
SECTION 5. This act shall supersede any municipal ordinance regarding wage and hour laws.
SECTION 6. This act shall take effect on July 1, 2023.
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An Act relative to clarifying legislative intent regarding the non-competition law
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S1225
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SD422
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T22:05:18.857'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T22:05:18.8566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1225/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1225) of Bruce E. Tarr for legislation relative to clarifying legislative intent regarding the non-competition law. Labor and Workforce Development.
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Paragraph (iii) of subsection (c) of section 24L of chapter 149 of the General Laws, as appearing in section 21 of chapter 228 of the acts of 2018, is hereby amended by adding, after the words “terminated without cause”, the following:- “as defined by the parties in the noncompete agreement".
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[]
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An Act relative to unemployment insurance
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S1226
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SD424
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T22:09:09.727'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T22:09:09.7266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1226/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1226) of Bruce E. Tarr for legislation relative to unemployment insurance. Labor and Workforce Development.
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SECTION 1. Section 24 of Chapter 151A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended in subsection (a) by striking out in lines 3 and 4 the words “Have been paid wages in the base period amounting to at least thirty times the weekly benefit rate” and inserting in place thereof the following:-
"Have been paid wages in at least two quarters of the base period amounting to at least thirty times the weekly benefit rate".
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An Act establishing the Workforce Recovery Commission
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S1227
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SD2397
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T16:48:08.847'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T16:48:08.8466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1227/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1227) of Bruce E. Tarr for legislation to establish the Workforce Recovery Commission. Labor and Workforce Development.
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SECTION 1. There shall be established a Workforce Recovery Commission, the purpose shall be to facilitate the development, retention, and support of a workforce in the commonwealth necessary to continued economic prosperity, inclusion, diversity, and equity in the context of evolving changes attributable to the COVID-19 pandemic and other factors including but not limited to changes in demographics, technology, housing and transportation, and skill and education levels required by employers and those available in the workforce.
SECTION 2. The commission shall be chaired by the secretary of labor and workforce development, and consist of 18 additional members appointed by the governor, including two members representing employers in the commonwealth with less than ten employees, two members representing employers with between 10 and 100 employees, two members representing employers with more than 100 employees, 2 members representing institutions of higher learning in the commonwealth, 1 of whom shall represent community colleges, 3 members representing organized labor, 3 members with professional experience in human resources, staffing, and recruiting, 3 members representing regional workforce investment boards from geographically diverse regions of the commonwealth, 1 member whom shall be an economist, and 1 member whom shall represent vocational schools in the commonwealth.
SECTION 3. The commission shall meet not less than three times per year, provided that its first meeting shall occur not more than ninety days following the passage of this act.
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An Act relative to consumers and workers
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S1228
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SD511
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:37:13.59'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:37:13.59'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1228/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1228) of Walter F. Timilty for legislation relative to consumers and workers. Labor and Workforce Development.
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SECTION 1. Definitions
As used in the following sections, the following words have the following meanings:-
“Electronic monitoring”, the collection of information concerning employee activities or communications by any means other than direct observation, including the use of a computer, telephone, wire, radio, camera, electromagnetic, photo-electronic or photo-optical system.
“Employee”, any person who performs services for an employer in exchange for financial remuneration, including part time, leased, or former employees.
“Employer”, any person, partnership, corporation or other organization engaged in commerce, or any other person or organization, which obtains the services of individuals in exchange for financial remuneration.
“Customer”, a person who is encouraged or solicited by the employer to utilize or purchase services and products of the employer.
“Consumer”, a person who is encouraged or solicited by the employer to utilize or purchase services and products of the employer.
“Personal data”, any information concerning an employee which, because of name, identifying number, mark or description, can be readily associated with a particular individual, and such term includes information contained in printouts, forms, or written analyses or evaluations.
“Telephone service observation”, the practice of listening to or recording telephone calls being made by, or received by, an employee in order to monitor the quality of service provided by the employee.
“Director”, the Director of the Office of Consumer Affairs and Business Regulation.
SECTION 2. Information Which May Be Collected
An employer may use electronic surveillance to collect any information so long as:
(1) The information is collected at the employer’s premises and
(2) The information is confined to the employee’s work.
(3) Exception — Electronic monitoring, including security cameras, whose sole purpose and principal effect is to collect information permitted by this act is not prohibited by section (ii) because it collects some information about employees which is not confined to the employee’s work.
SECTION 3. General Notice
(a) Each employer who engages in any type of electronic monitoring shall provide prior written notice to all employees, customers or consumers who may be affected.
This notice shall provide the following:
(i) The information which is to be collected;
(ii) The means by which this information is to be collected;
(iii) The times at which the monitoring is to occur;
(iv) The location of the monitoring equipment;
(v) The use to be made of the information which is collected;
(vi) The identity of the employees who will be monitored.
(b) Where an employer’s monitoring program will include the employer’s customers or members of the public, the employer shall provide notice to those affected. This notice may take any form that is reasonably calculated to reach the affected parties.
(c) Exception — Where an employer has reasonable grounds to believe that the employees are engaged in conduct which violates the legal rights of the employer or the employer’s employees, customers or consumers and involves significant harm to that party, and that electronic monitoring will produce evidence of this misconduct, the employer may conduct monitoring without giving notice as provided below.
(i) Special Electronic Monitoring — Subject to paragraph (ii), an employer, other than the State or political subdivision thereof, who has a reasonable suspicion that an employer’s employee, customer or consumer is engaged in or is about to engage in conduct which:
(A) Violates criminal or civil law or constitutes willful gross misconduct and
(B) Has a significant adverse effect involving economic loss or injury to the employer, the employer’s employees or the employer’s customers or consumers.
The employer may engage, on the employer’s worksite, in electronic monitoring of such employee or of an area in which the actions described in sub-paragraphs (A) and (B) occur without providing the notice required by section 3(a), 4(a) or 4(b).
(ii) Statement — Before engaging in the electronic monitoring described in paragraph (i), an employer shall execute a notarized statement setting forth:
(A) With particularity, the conduct that is being electronically monitored and the basis for the electronic monitoring;
(B) An identification of the specific economic loss or injury to the employer or the employer’s employees resulting from such conduct or the injury to the interests of such employer or employer’s employees.
The employer shall sign the statement and retain it for three years from the date the electronic monitoring began or until judgment is rendered in an action brought under section 12(c) by an employee affected by such electronic monitoring, whichever is later.
SECTION 4. Director’s Notice
(a) In general, the Director shall prepare, have printed and distribute to employers a notice that will inform employees, customers or consumers:
(i) That an employer engages in or may engage in electronic monitoring of employees and specifies the circumstances (including the electronic monitoring and exception described in section (c) under which an employee, customer and consumer is or is not entitled to additional notice under this section); and
(ii) Of the rights and protections provided to employees, customers or consumers by this Act.
(b) Posting of Notice — Each employer who engages in electronic monitoring shall post and maintain the notice required in paragraph 4(a) in conspicuous places on its premises where notices to employees, customers or consumers are customarily posted.
(c) Exception to Notice Requirement
(i) Special Electronic Monitoring — subject to paragraph (ii), an employer, other than the Federal Government or State or political subdivision thereof, who has a reasonable suspicion that an employer’s employee, customer or consumer is engaged in or is about to engage in conduct which:
(A) Violates criminal or civil law, or constitutes willful gross misconduct; and
(B) Has a significant adverse effect involving economic loss or injury to the employer or the employer’s employees, customers or consumers.
The employer may engage, on the employer’s worksite, in electronic monitoring of such employee, customer or consumer or of an area in which the actions described in subparagraphs (A) and (B) occur without providing the notice required by section 4(b) and 5 and without regard to sections, 9, 10(1) and 11.
(ii) Statement — Before engaging in the electronic monitoring described in paragraph (i), an employer shall execute a statement setting forth:
(A) With particularity, the conduct that is being electronically monitored and the basis for the electronic monitoring;
(B) An identification of the specific economic loss or injury to the business of the employer or the employer’s employees, customers or consumers resulting from such conduct or the injury to the interests of such employer or employer’s employees, customers or consumers.
The employer shall sign the statement and retain it for three years from the date the electronic monitoring began or until judgment is rendered in an action brought under section 12(c) by an employee, customer or consumer affected by such electronic monitoring, whichever is later.
SECTION 5. Employer’s Specific Notice
Each employer shall provide to each employee, customer or consumer who will be electronically monitored, and the exclusive bargaining representative, if any, prior written notice describing the following regarding the electronic monitoring of such employees:
(1) The forms of electronic monitoring to be used.
(2) The personal data to be collected.
(3) The hours and days per calendar week that electronic monitoring will occur.
SECTION 6. Simultaneous Notice
(a) Employers who engage in random or periodic monitoring of employees’, customers’, or consumers’ communications, such as telephone service observation or monitoring of electronic mail, shall inform the affected employees of the specific events which are being monitored at the time the monitoring takes place.
(b) Exception — Employers who are engaged in a bona fide quality program is an employer program which meets the following requirements:
(i) The information collected relates to the performance of a specific defined task;
(ii) The employer has a written standard for the performance of this task;
(iii) The purpose of the program is to compare the performance of employees performing the task to the standard;
(iv) Information is collected on a reasonably equal basis regarding the performance of all employees performing the task;
(v) The affected employees are given feedback on the employer’s evaluation of their performance at a time when they can reasonably be expected to remember the events upon which their evaluation is based.
SECTION 7. Private Areas
No electronic monitoring shall take place in bathrooms, locker rooms, shower facilities, dressing areas, room rental, or other areas provided to customers or consumers or other similar private areas.
SECTION 8. Employee Review of Records
(a) In general, except as provided in subsection (6), each employer shall provide the employer’s employee (or the employee’s authorized agent) and the exclusive bargaining representative, if any, with a reasonable opportunity to review and, upon request, a copy of all personal data obtained or maintained by electronic monitoring of the employee.
(b) Exception — In general, except as provided in paragraph (i), an employer is not required to provide the employer’s employee (or the employee’s authorized agent) or the exclusive bargaining representative, if any, a reasonable opportunity to review data that are obtained by electronic monitoring.
(i) Review permitted, if:
(A) The investigation by an employer with respect to electronic monitoring that was conducted on the employer’s employee has been completed, or
(B) Disciplinary action has been initiated by an employer against the employer’s employee who was the subject of such electronic monitoring, whichever occurs first, such employer shall promptly provide such employee (or the employee’s authorized agent) and exclusive bargaining representative, if any, with a reasonable opportunity to review and, upon request, obtain a copy of the personal data and any interpretation of such data obtained from such electronic monitoring.
(i) Individual employee performance evaluation; or
(ii) Setting production quotas or work performance expectations, unless an employee is not working at a facility of an employer and transmits the employee’s work to the employer electronically, and such data is the only basis available to such employer for such purposes.
SECTION 9. Use of Data Collected by Electronic Monitoring
(a) Employer Actions — an employer shall not take any action against an employee on the basis of personal data obtained by electronic monitoring of such employee unless the employer has complied with all the requirements of this Act.
(b) Data shall not be used as sole basis for evaluation or production quotas — an employer shall not use quantitative data on an employee that is obtained by electronic monitoring and that records the amount of work performed by such employee within a specific time as the sole basis for —
SECTION 10. Disclosure
Information concerning employees which is collected through electronic monitoring may be disclosed only:
(1) With the prior written consent of the employee (such consent shall not be condition of employment);
(2) To officers, employees, or authorized agents of the employer who have a legitimate need for the information in performance of their duties;
(3) To appropriate law enforcement agencies.
SECTION 11. Non-Retaliation
No employer may discharge, discipline, or in any other manner discriminate against an employee because the employee has asserted his or her rights under this statute, assisted other employees in asserting their rights, reported violations of this statute, or participated in enforcement actions under this statute.
SECTION 12. Privacy Protections
(a) Work Related — No employer may intentionally collect personal data about an employee through electronic monitoring if the data are not confined to the employee’s work, unless the employee is a customer or consumer of the employer at the time of the electronic monitoring.
(b) Private Areas — No employer may engage in electronic monitoring in:
(i) Bathrooms;
(ii) Locker rooms;
(iii) Dressing rooms, or
(iv) Any other area where an employer customer or consumer has a reasonable expectation of privacy.
(c) First Amendment Rights — In general, an employer shall not intentionally engage in electronic monitoring of an employee when the employee is exercising First Amendment Rights, and an employer shall not intentionally use or disseminate personal data obtained by electronic monitoring of an employee when the employee is exercising First Amendment Rights.
(i) Exception — Electronic monitoring by an employer whose purpose and principal effect is to collect data about the work of an employee of the employer is not prohibited by paragraph (a) because it collects some incidental data concerning the exercise of an employee’s First Amendment Rights.
(d) Disclosure — An employer shall not disclose personal data obtained by electronic monitoring to any person or other employer or business entity except to (or with the prior written consent of) the individual employee to whom the data pertain, unless the disclosure would be:
(i) To officers and employees of the employer who have a legitimate need for the information in the performance of their duties;
(ii) To a law enforcement agency pursuant to a warrant issued under the Federal Rules of Criminal Procedure, an equivalent State warrant, a grand jury subpoena, or an administrative subpoena authorized by the Federal or State statute;
(iii) To the public if the data contain evidence of illegal conduct by a public official or have a direct and substantial effect on public health or safety; or
(iv) To the exclusive bargaining representative, if any.
(e) Issuance of Court Order — A court order for disclosure under subsection (b) or (c) shall issue only if the law enforcement agency demonstrates that there is reason to believe the contents of the data are relevant to a legitimate law enforcement inquiry. In the case of a State governmental authority, such a court order shall not issue if prohibited by the laws of such State. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify such order, if the data requested are unusually voluminous in nature or compliance with such order would cause an undue burden on the employer.
SECTION 13. Enforcement
(a) Administrative — The Director shall have the authority to investigate alleged violations of this act. Any employer who is found to have violated this act shall be fined an amount not to exceed $5,000.00.
(b) Private Right of Action —Any person whose rights under this act have been abridged may file a civil action. Any employer that violates the provisions of this act shall be liable to the person aggrieved for special and general damages together with attorney’s fees and costs.
(c) Injunctive Relief — Any employer that commits, or proposes to commit, an act in violation of any provision of this act may be enjoined therefrom by any court of competent jurisdiction.
SECTION 14. Waiver of Rights
The rights provided by this act may not be waived by contract or otherwise, unless such waiver is part of a written settlement to a pending action or complaint.
SECTION 15. Application
(a) Law Enforcement — This Act shall not apply to electronic monitoring administered by law enforcement agencies as may otherwise be lawfully permitted under criminal investigations.
(b) Third Party — Monitoring for another person — A person who engages in electronic monitoring may not perform electronic monitoring for another person unless the requirements of this Act are complied with.
SECTION 16. Regulations
The Director shall, within six months after the date of the enactment of this Act, issue regulations to carry out this Act.
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Resolve establishing a special commission to study the impact of telecommuting on employees of the Commonwealth
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S1229
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SD514
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:38:15.907'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:38:15.9066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1229/DocumentHistoryActions
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Resolve
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By Mr. Timilty, a petition (accompanied by resolve, Senate, No. 1229) of Walter F. Timilty that provisions be made for an investigation and study by a special commission (including members of the General Court) to study the impact of telecommuting on employees of the Commonwealth. Labor and Workforce Development.
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Resolved, that a special commission is hereby established for the purposes of making an investigation, study and evaluation relative to the impact of telecommuting on employees of the Commonwealth.
The commission shall consist of: 3 members of the Senate, 1 of which shall be appointed by the Senate Minority Leader, and 1 of which shall be the Senate Chair on State Administration and Regulatory Oversight who shall serve as co-chair; 3 members of the House of Representatives, 1 of which shall be appointed by the House Minority Leader, and 1 of which shall be the House Chair on State Administration and Regulatory Oversight who shall serve as co-chair; 1 of which shall be the Chief Information Officer of Legislative Information Services, or their designee; 6 members from the Executive Branch appointed by the Governor, 1 of which shall be the Secretary of Administration and Finance, or their designee, and 1 of which shall be the Secretary of Technology Services and Security, or their designee and; 1 of which shall be the Chief Human Resources Officer at the Human Resources Division or their designee; and 1 of which shall be the Secretary of Energy and Environmental Affairs or their designee; 1 member appointed by the Attorney General; 1 member appointed by the Treasurer and Receiver General; 1 member appointed by the Secretary of the Commonwealth; 1 member appointed by the State Auditor; 1 member to be appointed by the Service Employees International Union and; 1 member to be appointed by the National Association of Government Employees.
Not later than December 1, 2024, the commission shall file a report of its analysis and recommendations regarding the efficacy of telecommuting to the clerks of the senate and the house of representatives, the joint committee on state administration and regulatory oversight, the office of the senate president, the office of the speaker of the house, and the office of the Governor.
The report shall include but not be limited to: (i) both the costs and potential cost savings associated with working remotely, (ii) the IT requirements needed to allow remote work, (iii) the effect of remote work on employee productivity, recruitment and retention, and (iv) the environmental impact of telecommuting.
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An Act to increase the safety of individuals with disabilities relying on life-support equipment
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S123
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SD657
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-17T16:15:45.427'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-17T16:15:45.4266667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-01T16:23:31.9166667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-02T15:57:17.9733333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-02T13:39:31.3233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T10:20:22.7'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-13T10:18:25.8933333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T13:46:45.5766667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-05T17:29:58.5533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S123/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 123) of Patrick M. O'Connor, Michael O. Moore, Michael D. Brady, Hannah Kane and others for legislation to increase the safety of individuals with disabilities relying on life-support equipment. Children, Families and Persons with Disabilities.
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SECTION 1. Section 51D of Chapter 111 is hereby amended by striking lines 82 to 84, inclusive, and inserting thereof the following:-
(6) scheduled follow-up medical appointments or verification that such information was provided separately;
(7) descriptions of any pharmaceutical, rehabilitative, or life-supporting technology, machinery, or equipment required to maintain medical stability, together with instructions for maintenance and upkeep of said technology; and
(8) such other information as the department may require.
SECTION 2. Said section 51D is hereby further amended by adding, after the word “services” in line 154, the following:-
Prior to the release of a client of the department from acute, chronic, or long term care from a hospital, the hospital shall communicate the discharge plan and provisions for aftercare services to registered nurse or licensed practical nurse employed at the patient’s residence or, in the case of a client with intellectual or developmental disabilities, residential facility. In the case of a client with intellectual or developmental disabilities, prior to the release of a client from a hospital, a registered nurse or licensed practical nurse who receives a discharge plan must review the discharge plan with particular adherence to requirements to maintain life-supporting technology, machinery, or equipment used in the client’s residence or residential facility, as well as any individualized education program or individualized service plan that exists under the client’s name, and must sign in writing to acknowledge a full understanding of the requirements of the discharge plan and knowledge of any individualized education program or individualized service plan. The registered nurse or licensed practical nurse shall advise any residential facility personnel, family members, and personal care attendants on the requirements of the discharge plan, as well as any hospital recommendations, to ensure constant protection and safety of the client.
SECTION 3. The department of public health shall develop guidelines and regulations as necessary to implement the provisions of this Act. The department of public health shall conduct any necessary public awareness campaigns necessary to publicize the provisions of this Act and to ensure that families of clients, hospitals, and medical facilities are aware of their respective rights and responsibilities under this Act. The department shall post on its website guidance, regulations, and any other informational materials that may assist clients’ families, hospitals, and medical facilities in the implementation of and compliance with this Act.
SECTION 4. This act shall go into effect immediately upon its passage.
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An Act requiring the construction of certain parking facilities to be capable of supporting electric vehicle charging stations
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S1230
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SD1429
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-19T14:45:59.71'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-19T14:45:59.71'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-07T13:40:14.67'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-08T12:00:12.4933333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-08T12:00:12.4933333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-08T16:41:48.1533333'}, {'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-08-25T15:55:40.04'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1230/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1230) of Walter F. Timilty, Jason M. Lewis, Patrick M. O'Connor, Angelo J. Puppolo, Jr. and others for legislation to require the construction of certain parking facilities to be capable of supporting electric vehicle charging stations. Labor and Workforce Development.
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SECTION 1. Chapter 25A of the General Laws, as so appearing in the 2020 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 relative to employee leave of absence to appear in probate and family court
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S1231
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SD1333
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T14:28:54.973'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T14:28:54.9733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1231/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1231) of John C. Velis for legislation relative to employee leave of absence to appear in probate and family court. Labor and Workforce Development.
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Chapter 149 of the General laws is hereby amended by adding after section 52E the following section:-
Section 52F. (a) Notwithstanding any general or special law or rule or regulation to the contrary, an employee is entitled to take unpaid leave when necessary to appear in the Probate and Family Court, on all matters pertaining to their rights and duties as a parent or legal guardian, including but not limited to, divorce, paternity, actions arising out of chapter 209c for custody-support-parenting time, and modifications or enforcement of all such actions.
(b) An employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for any of the leave provided under this section, but nothing in this section shall require an employer to provide paid sick leave or paid medical leave in any situation in which the employer would not normally provide any such paid leave. Leave under this section may be taken intermittently or on a reduced leave schedule.
(c) If the necessity for leave under this section is foreseeable, the employee shall provide the employer with not less than seven days of notice before the date the leave is to begin. If the necessity for leave is not foreseeable, the employee shall provide such notice as is practicable.
(d) An employer may require that a request for leave under this section be supported by a certification issued at such time and in such manner as the attorney general may by regulation require.
(e) The attorney general shall enforce this section, and may obtain injunctive or declaratory relief for this purpose. Violation of this section shall be subject to the second paragraph of section 150 and to section 180.
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An Act expanding the community college training incentive program
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S1232
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SD2234
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T14:26:52.95'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T14:26:52.95'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T10:36:10.3066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1232/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1232) of John C. Velis and Adam Scanlon for legislation to expand the community college training incentive program. Labor and Workforce Development.
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SECTION 1. Section 15F of chapter 15A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the words “not-for-credit”, in lines 11 and 12, 21, 22 and 23, 28 and 29, 31 and 35, each time it appears, the following words:- and credit-bearing.
SECTION 2. Said section 15F of said chapter 15A, as so appearing, is hereby further amended by striking out, in line 24, the words “not for-credit” and inserting in place thereof the following words:- not-for-credit and credit-bearing.
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An Act relative to community college tuition
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S1233
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SD2283
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:07:59'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:07:59'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-09-05T11:55:03.63'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1233/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1233) of John C. Velis for legislation relative to community college tuition. Labor and Workforce Development.
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SECTION 1. Chapter 15A of the general laws, as so appearing in the 2022 edition, is hereby amended by adding after section 15G the following section:-
Section 15H. Massachusetts Workforce Opportunity Scholarship
(a) Definitions. As used in this section, the following words shall have the following meanings:
“Continuous enrollment”, a student shall continue coursework from semester to semester.
“Eligible postsecondary institution”, includes: Berkshire Community College, Bristol Community College, Bunker Hill Community College, Cape Cod Community College, Greenfield Community College, Holyoke Community College, Massachusetts Bay Community College, Massasoit Community College, Middlesex Community College, Mount Wachusett Community College, Northern Essex Community College, North Shore Community College, Quinsigamond Community College, Roxbury Community College and Springfield Technical Community College.
“Full-time student”, a student who is enrolled in a minimum of twelve semester hours.
“Gift aid”, any public or private scholarship awarded to a student before applying for and aside from the Massachusetts Workforce Opportunity Scholarship.
“OSFA”, the Massachusetts Office of Student Financial Assistance.
(b) The OSFA shall administer the Massachusetts Workforce Opportunity Scholarship program for students seeking an associate degree, certificate or diploma from an eligible postsecondary institution under the following terms and conditions:
(1) To be eligible for the scholarship a student shall be admitted to, and enrolled full-time in, an eligible postsecondary program within five years following graduation, not including time spent in the United States Armed Forces, from an eligible high school in Massachusetts, or completion of high school as a Massachusetts home school student, or obtainment of a GED® or HiSET® diploma. Enrollment exceptions may be made for extenuating circumstances as provided in rules and regulations promulgated by the OSFA;
(2) Students applying for the scholarship shall complete the Massachusetts Workforce Opportunity Scholarship application for their initial year of enrollment in accordance with the schedule determined by the OSFA. Students shall complete the free application for federal student aid each academic year in which they seek to receive the Massachusetts Workforce Opportunity Scholarship;
(3) To continue to receive a Massachusetts Workforce Opportunity Scholarship at an eligible two-year or four-year postsecondary institution, a student shall maintain a minimum cumulative grade point average of 2.0 as set forth in the rules promulgated by the OSFA;
(4) Scholarship recipients shall participate in mentoring and community service programs under rules and regulations promulgated by the OSFA. The OSFA shall develop the selection and renewal criteria for students and shall have the authority to work with outside organizations to develop the most effective means for delivering the scholarships. In selecting outside organizations for participation in the Massachusetts Workforce Opportunity Scholarship program, the OSFA shall give preference to locally established entities that meet designated standards specified by the program's promulgated rules and regulations;
(5) A Massachusetts Workforce Opportunity Scholarship at a Massachusetts public two-year postsecondary institution shall be the cost of tuition and mandatory fees at the eligible postsecondary institution attended less all other gift aid. Gift aid shall be credited first to the student's tuition and mandatory fees;
(6) Except for a medical or personal leave of absence, as approved by an eligible postsecondary institution, a Massachusetts Workforce Opportunity Scholarship student shall maintain continuous enrollment at an eligible postsecondary institution. A Massachusetts Workforce Opportunity Scholarship student who has an approved medical or personal leave of absence from an eligible postsecondary institution may continue to receive the scholarship upon resuming the student's education at an eligible postsecondary institution so long as the student continues to meet all applicable eligibility requirements. The sum of all approved leaves of absence shall not exceed six months;
(7) A student shall be eligible for the Massachusetts Workforce Opportunity Scholarship until the occurrence of the first of the following events:
(i) The student has earned a diploma or associate's degree; or
(ii) The sum of the number of years the student attended a postsecondary institution, exclusive of approved leaves of absence, equals two and one-half years from the date of the student's initial enrollment at an eligible postsecondary institution.
(c) The OSFA and the Massachusetts Department of Higher Education shall provide assistance to the general court by researching and analyzing data concerning the scholarship program created under this part, including, but not limited to, student success and scholarship retention. The OSFA shall report its findings annually to the joint education committee of the senate and house of representatives by March 15.
(d) The Auditor of the Commonwealth shall review and study the Massachusetts Workforce Opportunity Scholarship program to determine the effectiveness of the program. The study shall be done in the third year of the program and every four years thereafter. The auditor shall report the findings and conclusions of the study to the President of the Senate and the Speaker of the House of Representatives, and the members of the joint education committee of the Senate and the House of Representatives.
(e) The OSFA board of directors shall appoint a special advisory committee comprised of representatives from existing college access programs in the state. The committee shall take steps necessary to eliminate barriers to access scholarships and hold mentoring organizations to the highest standard in serving the students receiving the scholarship. Members of the committee shall serve without compensation.
(f) The OSFA is authorized to promulgate rules to effectuate the purposes of this act, including the determination of student eligibility and for the distribution of funds appropriated for scholarships under the program. Such rules shall include adjustments to scholarship amounts and student eligibility in the event that net proceeds from the trust account established under this section are insufficient to fund fully the Massachusetts Workforce Opportunity Scholarship program.
SECTION 2. Chapter 10 of the Massachusetts General Laws, as appearing in the 2022 General Edition, is hereby amended by adding the following section after Section 35DDD:
Section 35EEE: Massachusetts Workforce Opportunity Scholarship endowment fund
(a) The Massachusetts Workforce Opportunity Scholarship endowment fund shall be established and funded under the following terms and conditions:
(1) This fund shall be an irrevocable trust that the state treasurer shall administer. The attorney general and reporter shall approve the terms of the trust instrument. The trust shall consist of the Massachusetts Workforce Opportunity endowment account and the Massachusetts Workforce Opportunity Scholarship special reserve account;
(2) The trustees of the trust shall be as follows: the governor, or a member of the governor's cabinet or a cabinet level staff member who is designated by the governor; the state treasurer; the state auditor; the commissioner of higher education; the secretary of administration and finance; the chair of the ways and means committee of the house of representatives; the chair of the ways and means committee of the senate; and one member appointed by the governor who shall serve at the pleasure of the governor;
(b) The state treasurer shall serve as the chair of the trustees and shall preside over all meetings and proceedings of the trustees;
(c) The trust may invest in any security or investment in which the Massachusetts State Board of Retirement is permitted to invest; provided, that investments by the trust shall be governed by the investment policies and guidelines adopted by the trustees of the trust in accordance with the provisions of this part. The state treasurer shall be responsible for the investment and reinvestment of trust funds in accordance with the policies and guidelines established by the trustees;
(d) The initial deposit shall constitute the principal of the trust. Subsequent transfers to the trust and trust income, as defined in this section, shall not increase, or constitute an addition to, the principal of the trust, but shall be placed in the Massachusetts Workforce Opportunity Scholarship special reserve account provided in subsection (g);
(e) The principal of the trust shall not be expended for any purpose. Trust income shall be expended only to fund the Massachusetts Workforce Opportunity Scholarship program and pay expenses incurred in administering and investing the trust assets. Trust income means the income from the trust's investment portfolio from whatever source derived, including, but not limited to, interest, dividends, and realized capital gains or losses;
(f) Any trust income not allocated or distributed to the beneficiaries of the Massachusetts Workforce Opportunity Scholarship program shall be maintained in a special reserve account and may be subject to future allocations and distributions in accordance with this section;
(g) Any funds transferred for the Massachusetts Workforce Opportunity Scholarship program, including matching funds or future appropriations made by the general assembly, shall be placed in the scholarship’s special reserve account of the trust. Unexpended funds remaining in the trust in any fiscal year, whether principal or funds in the Massachusetts Workforce Opportunity Scholarship special reserve account, shall not revert to the general fund;
(h) The funds transferred to this trust may be commingled with, co-invested with, and invested or reinvested with other assets transferred to the trust. All or a portion of the trust may be invested, reinvested and co-invested with other funds, not a part of the trust, which are held by the state treasurer, including, but not limited to, assets of the Massachusetts State Retirement Board. The state treasurer shall account for such trust funds in one or more separate accounts in accordance with this section and other law;
(i) Notwithstanding any provision of the law to the contrary, all funds placed in the Massachusetts Workforce Opportunity Scholarship special reserve account shall be available for allocation and distribution as authorized herein only to the extent that funds are available in the Massachusetts Workforce Opportunity Scholarship special reserve account, and the state shall not be liable for any amount in excess of such sum. All requests for withdrawals for the payment of program funding that are presented to the state treasurer shall be used only to fund the Massachusetts Workforce Opportunity Scholarship program. Such requests for withdrawals shall not be commingled with requests for withdrawals presented to the state treasurer for any other purpose, and the individual or entity requesting the withdrawal of funds shall attest to the same upon presentation of the request for withdrawal to the state treasurer; and
(j) The provisions of the irrevocable trust are provided in this section, but the trust shall not include the provisions contained in other subsections of this act, which shall be subject to amendment by legislative enactment.
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An Act to provide more focused care to individuals suffering from mental health and substance related disabilities
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S1234
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SD2380
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-20T16:23:03.507'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-20T16:23:03.5066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1234/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 1234) of Michael D. Brady for legislation to provide more focused care to individuals suffering from mental health and substance related disabilities. Mental Health, Substance Use and Recovery.
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Chapter 19 of the General Laws is hereby amended by inserting after section 19 the following section:-
Section 19A. (a) In-patient and out-patient mental health service providers in the commonwealth shall provide physically separate accommodations for patients requiring non-substance abuse treatment and patients requiring substance abuse treatment when providing services and care to such patients, to provide more focused care to each group.
(b) the department shall promulgate regulations to implement this section.
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An Act to Protect Patient Rights and Safety and to Promote Accountability by Preventing Misuse and Abuse
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S1235
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SD671
| 193
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-17T11:42:06.27'}
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[{'Id': None, 'Name': 'Marie Winfield ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-17T11:42:06.2866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1235/DocumentHistoryActions
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Bill
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By Mr. Brownsberger (by request), a petition (accompanied by bill, Senate, No. 1235) of Marie Winfield for legislation to protect public health, promote accountability and prevent the violation of individual rights through the misuse, abuse and the violation of law. Mental Health, Substance Use and Recovery.
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SECTION 1. Chapter 123 of the General Laws is hereby amended by inserting after Section 36C the following section:-
Section 36D: All parts of an evaluation of a person detained at a facility under section 12 of Chapter 123 of the General Laws shall be videotaped and all video recordings of such evaluation shall be made a part of the person’s record.
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An Act relative to benzodiazepines and non-benzodiazepine hypnotics
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S1236
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SD1481
| 193
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-19T16:07:03.503'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-19T16:07:03.5033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1236/DocumentHistoryActions
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Bill
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By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1236) of William N. Brownsberger for legislation relative to benzodiazepines and non-benzodiazepine hypnotics. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 1 of chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Agent” the following definition:-
“Benzodiazepine”, any substance or drug which contains a benzene ring fused to a 7 member diazepine ring, results in the depression of the central nervous system and is primarily intended to treat insomnia, convulsions and anxiety, and used for muscle relaxation and pre-operation treatment including alprazolam, clonazepam, diazepam, lorazepam, and temazepam.
SECTION 2. Said section 1 of said chapter 94C, as so appearing, is hereby further amended by inserting after the definition of “Narcotic drug” the following definition:-
“Non-benzodiazepine hypnotic”, any substance or drug which produces effects similar to that of a benzodiazepine and is primarily intended to treat insomnia, including zaleplon, zopiclone, and zolpidem.
SECTION 3. The first paragraph of section 21 of said chapter 94C, as so appearing, is hereby amended by adding the following sentence:-
In filling a prescription for a benzodiazepine or a non-benzodiazepine hypnotic prescription, the pharmacist shall ensure that the label includes a cautionary statement explaining the risks associated with long-term use which shall be bolded and contained within a box.
SECTION 4. Said section 21 of said chapter 94C of the General Laws, as so appearing, is hereby further amended by inserting after the third paragraph the following paragraph:-
The department of public health shall produce and distribute either in written or electronic form to pharmacies, not including institutional pharmacies, pamphlets for consumers relative to benzodiazepines and non-benzodiazepine hypnotics that includes educational information about: (i) misuse and abuse by adults and children; (ii) risk of dependency and addiction; (iii) proper storage and disposal; (iv) addiction support and treatment resources; and (v) the telephone helpline operated by the bureau of substance abuse services established in section 18 of chapter 17. A pharmacist shall distribute the pamphlet when dispensing a benzodiazepines or a non-benzodiazepine hypnotic.
SECTION 5. Section 23 of said chapter 94C, as so appearing is hereby amended by adding the following subsection:-
(i) A written prescription for less than a 10 day supply of a benzodiazepine or a non-benzodiazepine hypnotic shall not be refilled.
SECTION 6. Chapter 112 of the General Laws is hereby amended by inserting after section 12GG, as inserted by section 2 of chapter 454 of the acts of 2016, the following section:-
Section 12HH. No practitioner shall prescribe a benzodiazepine or a non-benzodiazepine hypnotic, as defined in section 1 of chapter 94C, without first obtaining the patient’s written informed consent. The commissioner of public health shall prescribe a form for physicians to use in obtaining such consent. This form shall be written in a manner designed to permit a person unfamiliar with medical terminology to understand its purpose and content, and shall include the following information: (i) misuse and abuse by adults and children; (ii) risk of dependency and addiction; and (iii) risks associated with long-term use of the drugs.
Nothing in this section is intended to abolish or limit any common law rights of persons other than those whose rights it governs for the purpose of any civil action.
SECTION 7. Said chapter 94C is hereby amended by inserting after section 19C, as inserted by section 92 of chapter 46 of the acts 2015, the following section:-
Section 19D. the department of public health shall promulgate regulations establishing protocols for a patient to safely discontinue the use of benzodiazepines and non-benzodiazepine hypnotics and minimize the patient's symptoms of withdrawal; provided however, that the department shall not mandate that a patient currently prescribed benzodiazepines or non-benzodiazepine hypnotics discontinue use. No practitioner shall discontinue a patient's prescription of a benzodiazepine or non-benzodiazepine hypnotics in a manner inconsistent with the regulation established by the department of public health, and shall adhere to a patient or symptom guided taper.
SECTION 8. There is hereby established a special commission to study protocols to safely discontinue the use of benzodiazepines and non-benzodiazepine hypnotics and minimize the patient’s symptoms of withdrawal. The commission shall consist of 9 members; 1 member of the house of representatives, to be appointed by the speaker of the house; 1 member of the senate, to be appointed by the president of the senate; 4 members to be appointed by the governor, 1 of whom shall be a psychiatrist licensed to practice in the commonwealth, 1 of whom shall be a representative from the bureau of substance abuse services, 1 of whom shall be a representative from the Center for Addiction Medicine at Massachusetts General Hospital, and 1 of whom shall be an advocate from the addiction treatment community; the secretary of health and human services, or a designee; the commissioner of public health, or a designee and the commissioner of mental health, or a designee.
The commission shall report its findings and recommendations to the governor and the clerks of the house of representatives and the senate, including any recommendations for legislation or regulations, within 4 months of the effective date of this act.
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An Act relative to student mental health
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S1237
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SD270
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:50:13.057'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:50:13.0566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-24T09:34:15.3566667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-29T12:31:49.93'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-06T12:09:59.85'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-15T09:54:09.7266667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-26T16:27:12.7566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-08T12:41:32.26'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1237) of Joanne M. Comerford, Jack Patrick Lewis, Susannah M. Whipps, Vanna Howard and other members of the General Court for legislation relative to student mental health. Mental Health, Substance Use and Recovery.
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SECTION 1. Chapter 71 of the General Laws is hereby amended by inserting after section 37R the following section:-
Section 37S. (a) A public school, including a charter school, that serves students in any of grades 6 to 12, inclusive, that issues student identification cards shall include on the student identification cards the telephone and text number for the 988 Suicide and Crisis Lifeline.
(b) Subsection (a) shall apply to a student identification card issued to a new student and to a student identification card issued to replace a student’s damaged or lost student identification card.
SECTION 2. Chapter 73 of the General Laws is hereby amended by inserting after section 20 the following section:-
Section 21. (a) A public or private institution of higher education that issues student identification cards shall include on the student identification cards the telephone and text number for the 988 Suicide and Crisis Lifeline.
(b) Subsection (a) shall apply to a student identification card issued to a new student and to a student identification card issued to replace a student’s damaged or lost student identification card.
SECTION 3. (a) The provisions of section 37S of chapter 71 of the General Laws shall take effect as of July 1, 2023; provided that if, as of July 1, 2023, a school subject to the requirements of said section has a supply of unissued student identification cards that do not comply with the section, the school may issue those student identification cards to students until that supply is depleted.
(b) The provisions of section 21 of chapter 73 of the General Laws shall take effect as of July 1, 2023; provided that if, as of July 1, 2023, a public or private institution of higher education subject to the requirements of said section has a supply of unissued student identification cards that do not comply with the section, the school may issue those student identification cards to students until that supply is depleted.
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An Act establishing peer-run respite centers throughout the Commonwealth
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S1238
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SD1413
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-13T13:47:23.42'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-13T13:47:23.42'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-04-27T09:10:52.2266667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-10-12T09:28:52.28'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1238) of Joanne M. Comerford for legislation to establish peer-run respite centers throughout the Commonwealth. Mental Health, Substance Use and Recovery.
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SECTION 1. Chapter 19 of the General Laws is hereby amended by adding the following section:-
Section 26. (a) As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:
“Department”, the department of mental health.
“Guests”, a person aged 18 and over who has been accepted by a peer-run respite center and approved to stay at or receive services from the center.
“LGBTQIA+”, lesbian, gay, bisexual, transgender, queer, intersex, asexual, or other gender identities and sexual orientations that individuals may identify as.
“Peer respites”, voluntary, short-term residential programs that provide community-based, trauma-informed, person-centered support and prevention on a 24-hour basis in a homelike environment to persons age 18 or older who are experiencing emotional or mental distress either as an immediate precursor to or as a part of a crisis.
“Peer respite services”, voluntary, trauma-informed, short-term services provided to persons age 18 or older, in a home-like environment, which are the least restrictive of individual freedom, culturally competent, and focus on recovery, resiliency, and wellness.
“Peer-run organization”, a non-profit entity that is controlled and operated by individuals who have psychiatric histories or have faced and navigated other life-interrupting challenges and which provide a venue for support and advocacy for individuals who experience similar struggles.
“Peer-run organizations”, shall mean all of the following: (a) organizations that specialize in provision of peer support; (b) where a majority of their leadership, including both senior leadership and the Board of Directors, identify as having psychiatric histories or navigating similar life-interrupting challenges; (c) have specialized in provision of peer support for a minimum of 5 years; and (d) do not provide any clinical mental health services or where clinical mental health services make up less than 10 per cent of their primary services provided.
“Peer-run respite center”, a safe, physical space for people experiencing emotional or mental distress that addresses the social isolation and lack of social connectedness that many people say they feel. A peer-run respite center shall offer peer support and peer respite services by peer supporters. All peer-run respite centers must be peer-run organizations and peer respites.
“Peer support services”, assistance that promotes engagement, socialization, recovery, self-sufficiency, self-advocacy, development of natural supports, identification of strengths, and maintenance of skills learning in other support services.
“Peer supporters”, individuals who are trained in the provision of peer support services, and who have psychiatric histories or have faced and navigated similarly life-interrupting challenges. Such individuals shall be trained in and capable of providing community-based, trauma-informed, person-centered peer support and peer respite services, as these terms are defined herein.
(b) The department shall establish a minimum of 14 peer-run respite centers throughout the Commonwealth, with each county having at least one peer-run respite center. The department shall allocate and provide funding necessary for, and assist with the establishment of the peer-run respite centers. All peer-run respite centers shall be peer-run organizations and shall constitute peer respites.
(c) Two of the peer-run respite centers shall be established for the purpose of serving LGBTQIA+ individuals. The LGBTQIA+ peer-run respite centers shall be managed, operated, and controlled by individuals identifying as members of the LGBTQIA+ community who also have psychiatric histories or related lived experience. The LGBTQIA+ peer-run respite centers shall be located in Hampden County and Suffolk County.
(d) All peer-run respite centers shall employ peer supporters and be managed and operated by individuals with psychiatric histories or lived experience with similarly life-interrupting challenges. All peer supporters shall be required to receive and complete trainings as required to perform the essential job functions of a peer supporter in this context. All peer supporters working for the LGBTQIA+ peer respites shall also receive additional training required to serve members of this community.
(e) Each peer-run respite center shall be equipped to provide guests with peer respite and peer support services and required by regulations implementing the provisions of this section. Each peer-run respite center shall be approved to and capable of providing guests with short-term, temporary lodging consistent with the definition of peer respites, as well as the requirements of this section and regulations implementing this section.
(f) The department shall only contract with peer-run organizations for the establishment of peer-run respite centers under this section. Peer-run respite centers shall be responsible for the provision, operation, and control of peer respite facilities, as well as peer respite and support services.
(g) The department shall provide funding for all peer-run respite centers that is sufficient to ensure that each peer-run respite center is capable of providing peer respite and peer support services. In making such appropriations necessary for this purpose, the department shall consider and account for funds needed for the purpose of: (i) recruiting peer supporters; (ii) training peer supporters; (iii) supervising and overseeing peer supporters; and (iv) conducting informational sessions and trainings on the functions and qualifications of peer supporters. Peer supporters shall be compensated at a rate sufficient to ensure that highly trained and skilled peer supporters will be retained, and to maximize positive impact of supports.
(h) The department shall work with existing peer-run organizations providing peer respite services to identify training requirements, which may differ from training requirements for peer supporters or peer specialists working in other contexts, as well as a fidelity tool to establish and measure ongoing adherence to the basic components of each peer respite based on current leading guides to peer respites.
(i) The department shall also work with existing peer-run organizations, as well as stakeholders within the LGBTQIA+ community, to develop training requirements for individuals seeking to work as peer supporters in LGBTQIA+ peer-run respite centers.
(j) The department, in consultation with existing peer-run organizations, shall develop regulations for the establishment and operation of the peer-run respite centers. Such regulations shall employ definitions and criteria consistent with this section.
(k) The department shall prepare an annual report on its progress towards implementing this section. The report shall identify any challenges and barriers regarding implementation, and detail the department’s strategy for overcoming any identified challenges or barriers. The report shall be provided to the committee on mental health, substance abuse and recovery, the committee on public health, the house and senate committees on ways and means, and published on the public website of the department no later than October 1 each year.
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An Act to transfer Bridgewater State Hospital from the Department of Corrections to the Department of Mental Health
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S1239
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SD320
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T13:15:11.443'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T13:15:11.4433333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-06T13:59:15.1166667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-04-06T09:54:01.6'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T15:38:12.2733333'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1239) of Cynthia Stone Creem and Joanne M. Comerford for legislation to transfer Bridgewater State Hospital from the Department of Corrections to the Department of Mental Health. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 7 of Chapter 19, as appearing in the 2020 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. This Act shall be effective no later than December 31, 2024.
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An Act enhancing child welfare protections
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S124
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SD1809
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T22:21:37.53'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T22:21:37.53'}, {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-19T23:56:14.24'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-02T09:22:18.78'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T13:25:31.64'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-16T10:38:22.84'}]
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 124) of Jacob R. Oliveira, Michael J. Finn, Lydia Edwards, Patrick M. O'Connor and others for legislation to enhance child welfare protections. Children, Families and Persons with Disabilities.
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SECTION 1. Clause (22) of subsection (a) of section 172 of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby repealed.
SECTION 2. Section 6A of chapter 18B of the General Laws, as appearing, in the 2020 Official Edition, is hereby amended by striking out the fifth paragraph.
SECTION 3. Section 7 of said chapter 18B, as so appearing, is hereby amended by striking out subsection (e).
SECTION 4. Chapter 18B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 9 the following 2 sections:-
Section 9A. The commissioner shall appoint an education manager to support the department’s goal of educational stability and success for all elementary and secondary school students under the care and custody of the department.
The education manager’s duties shall include, but shall not be limited to: (i) developing, implementing and overseeing the department’s policies on education for children under the care and custody of the department, including policy development and practice guidance; (ii) monitoring state and federal laws, programs and resources that may impact the education of children under the care and custody of the department; (iii) advising the commissioner and all education coordinators on all matters relating to education, strategic education initiatives, policy, and practice management matters; (iv) coordinating efforts with area office based education coordinators to identify systemic barriers to accessing educational services for children under the care and custody of the department; (v) coordinating with department area and regional offices on education related issues; and (vi) facilitating best practice training for area office-based education coordinators.
The education manager shall perform such duties as are described in this chapter and such other duties as may be assigned by the commissioner.
Section 9B. The commissioner, with the advice of the education manager and the area director, shall appoint at least 1 full-time education coordinator at each area office. Said education coordinator shall be an employee of the area office and devote full time to the duties of the office.
Each education coordinator’s duties shall include, but shall not be limited to: (i) implementing and overseeing the area office’s work on education for children receiving services from the department, consistent with the policies created by the department’s education manager; (ii) monitoring student academic progress of children under the care and custody of the area office not less than once per academic quarter; (iii) providing support and assistance to department caseworkers regarding educational needs of children; (iv) providing detailed training to department caseworkers on the best practices to monitor a child’s education experiences, recognizing any unavailability of resources preventing a child from participating in school courses, and developing individual education plans or 504 plan; (v) ensuring the timeliness and accuracy of the transfer of education records detailing a child’s educational background and needs; and (vi) maintaining contact with appropriate local school districts and education organizations to facilitate enrollment and placement of children into school districts served by the area office.
SECTION 5. Section 20 of said chapter 18B, as so appearing, is hereby amended by striking out the second sentence.
SECTION 6. Section 23 of said chapter 18B, inserted by section 45 of chapter 176 of the acts of 2008, is hereby repealed.
SECTION 7. Section 23 of said chapter 18B, inserted by section 8 of chapter 321 of the acts of 2008, is hereby amended by striking out the sixth sentence.
SECTION 8. Sections 24 and 25 of said chapter 18B are hereby repealed.
SECTION 9. Said chapter 18B is hereby further amended by adding the following 3 sections:-
Section 26. (a) For the purposes of this section, the term “legislatively mandated report” shall mean a report required by law of the department of children and families.
(b)(1) Annually, not later than October 31, the department shall issue a report that provides an overview of the department’s performance during the previous fiscal year. The commissioner or a designee shall file the report with the governor, the child advocate, the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities. The commissioner shall provide the recipients of the report with an opportunity to discuss its contents with the commissioner or the designee. The report shall be made publicly available on the department’s website in accordance with section 19 of chapter 66.
(2) The report shall include, but not be limited to, narratives, information, data and analysis on: (i) counts, including but not limited to: (A) case counts; (B) consumer counts; (C) consumer demographic information, including age, race, ethnicity, primary language, gender identity, sexual orientation and disability; (D) the number of consumers who have slept in the department’s area offices overnight by region including the average length of stay, the consumers’ ages, previous placement type and challenges for finding placement; (E) intersectional data; (F) rates of racial disproportionality and disparity at various decision points throughout the life of a case and the department’s efforts including the use of culturally competent staffing, resources and practices, to reduce overrepresentation of children and youth of minority populations in the child welfare system; (G) the number of requests for reasonable accommodations; (H) the number of disability related complaints filed against the department; (I) reports filed pursuant to section 51A of chapter 119; (J) placement metrics; (K) infants brought into the department’s care pursuant to section 39½ of chapter 119; (L) siblings in placement; (ii) processes and outcomes including, but not limited to: (A) safety outcomes; (B) the number of fatalities including the manner of death and fatalities by family history with the department; (C) permanency processes and outcomes; (D) well-being outcomes, including the rates and timeliness of the delivery of medical and behavioral health services; (E) educational well-being outcomes, including but not limited to: (1) school placement information; (2) the number of Individualized Education Plans; (3) attendance rates; (4) high school graduation rates and (5) school disciplinary actions; and (iii) operations, including but not limited to: (A) staffing trends; (B) caseloads; (C) the department’s budget, including funding levels; (D) service costs; (E) medical services and advancements in providing medical services to children and young adults in the department’s care; (F) amounts expended for foster care, adoptive and guardianship families to provide assistance, including financial assistance, to provide for the care of children; (G) the foster care review system and any recommendations for its improvement; (H) services and accommodations available to caregivers and children who are individuals with disabilities; (I) the department’s ombudsman including, but not limited to, a summary of the complaints filed by type, and complaints by area office that is primarily involved with the complaint and involved in the case; and (J) any new or ongoing initiatives to improve practices, procedures and policy of the department. The report shall also include comparative departmental information from prior fiscal years
(c)(1) Quarterly, not more than 45 days after the end of each fiscal quarter, the department shall issue a quarterly profile on its website in accordance with section 19 of chapter 66 that shall include, but not be limited to, departmental, regional office and area office data on: (i) consumer counts; (ii) the number of reports filed pursuant to section 51A of chapter 119, including counts of reports received, screened-in and screened-out in the quarter; (iii) department case counts, including counts of clinical and adoption cases in the quarter; (iv) consumer demographic information, including age, race, ethnicity, primary language, gender identity and sexual orientation and disability; (v) counts of children and youth in placement by type of placement; (vi) counts of children and youth not in placement; and (vi) the number of consumers who have slept in the department’s area offices overnight by region including the average length of stay, the consumers’ ages, previous placement type and challenge for finding placement.
(2) The commissioner or designee shall notify the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities when data from a profile issued pursuant to paragraph (1) significantly departs from trends reported in previous profiles.
(d) The commissioner or designee shall notify the joint committee on children, families and persons with disabilities when draft regulations are made available by the department for public comment. Not more than 30 days after the promulgation of regulations or the effective date of adopted or revised departmental policies relative to services provided to children and families, the department shall provide copies of the regulations or departmental policies to the joint committee on children, families and persons with disabilities.
(e) If the department is unable to submit the report under subsection (b), issue the profile under subsection (c) or any other legislatively mandated reports by the respective deadlines, the commissioner or the commissioner’s legal counsel shall notify the governor, the child advocate, the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities in writing and provide an explanation for the delay.
(f) The department, in consultation with the general court, other governmental and nongovernmental partners, shall establish a 5-year plan that shall include numerical targets for the department’s performance in each year and in each of its regions in the areas of safety, permanence and well-being. The plan shall include a description of how the department will measure its progress toward meeting the numerical targets and may include different targets for different regions. The department shall update the plan annually.
Annually, the department shall measure its performance in meeting the targets established in the 5-year plan for the commonwealth as a whole and for each of its regions consistent with the methodology described in the plan. The department shall publish and maintain on its website the current plan, the targets for previous years and the department’s performance in meeting those targets.
If in a fiscal year the department is unable to develop or update the 5-year plan or measure its performance, the department shall notify the clerks of the house or representatives and senate, the house and senate committees on ways and means, the joint committee on children, families and persons with disabilities and the child advocate.
Section 27. Annually, not later than October 31, the department shall submit a special report on services provided to young adults over the age of 18 to the child advocate, the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities. The report shall summarize the process by which a young adult may continue to receive services from the department upon reaching the legal adult age of 18. The report shall also include consumer demographic information including age, race, ethnicity, primary language, gender identity and sexual orientation and disability, but not be limited to: (i) the number of young adults who have elected to sustain a connection with the department in the previous fiscal year; and (ii) the number of young adults who have elected not to remain with the department and have transitioned out of the child welfare system in the previous fiscal year, including young adults who had previously elected to sustain a connection with the department, if such numbers are available. The department may satisfy the reporting requirements of this section by providing the requested information in an annual report filed under section 26.
Section 28. Annually, not later than October 31, the department shall file a special report on its fair hearing processes and cases with the child advocate, the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities. The department may satisfy the reporting requirement of this section by providing the requested information in an annual report filed under section 26. The report shall be made available to the public electronically in accordance with section 19 of chapter 66. The report shall include, but not be limited to, information in a form that shall not include personally identifiable information on the fair hearing requests open at any time during the previous fiscal year and, for each hearing request, shall provide: (i) the subject matter of the appeal; (ii) the outcomes of cases resolved prior to a fair hearing decision; (iii) the number of days between the hearing request and the first day of the hearing; (iv) the number of days between the close of the evidence and the hearing officer’s decision; (v) the number of days of continuance granted at the appellant’s request; (vi) the number of days of continuance granted at the request of the department or the hearing officer, specifying which party made the request; and (vii) whether the department’s decision that was the subject of the appeal was affirmed or reversed.
The department shall maintain and make available to the public during regular business hours, a record of its fair hearings in a form that shall not include personally identifiable information and that shall include, for each hearing request: (i) the date of the request; (ii) the date of the hearing decision; (iii) the decision rendered by the hearing officer; and (iv) the final decision rendered upon the commissioner’s review. For fair hearing requests that are pending for more than 180 days at any time during the fiscal year, except for those requests which have been stayed at the request of the district attorney, the report shall provide the number of such cases, how many of those cases have been heard but not decided and how many have been decided by the hearing officer but not yet issued a final agency decision.
If there are more than 225 fair hearing requests open for more than 180 days at the close of any month during the first 6 months of a fiscal year, then an additional report of such requests shall be provided not later than April 30. The department shall make redacted copies of fair hearing decisions available not later than 30 days after a written request.
SECTION 10. Section 1 of chapter 18C of the General Laws, as so appearing, is hereby amended by striking out the definition of “Advisory council”.
SECTION 11. Section 2 of said chapter 18C, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “shall be independent of any supervision or control by any executive agency” and inserting in place thereof the following words:- shall be an independent public entity not subject to the supervision and control of any other executive office, department, commission, board, bureau, agency or political subdivision of the commonwealth.
SECTION 12. Said section 2 of said chapter 18C, as so appearing, is hereby further amended by striking out, in line 17, the second time it appears, the word “and”.
SECTION 13. Said section 2 of said chapter 18C is hereby further amended by striking out, in line 20, the word “services.” and inserting in place thereof the following words:- services; and.
SECTION 14. Said section 2 of said chapter 18C, as so appearing, is hereby further amended by adding the following subsection:-
(f) examine disproportionality related to topics including, but not limited to, race, ethnicity, disability status, transgender status, sexual orientation or gender identity within child welfare systems, services and agencies.
SECTION 15. Said section 2 of said chapter 18C, as so appearing, is hereby further amended by adding the following 3 paragraphs:-
The office shall create and maintain a website that makes available mandated reporter trainings, guidance, statutory reference and best practices materials in 1 online location to all mandated reporters in the commonwealth. The office shall consult with, or partner with, any public or private entity that the child advocate deems relevant to create and maintain this website. The office shall be responsible for ensuring that information on the website remains current.
The office shall create and make available to the public, on the website created in this section, evidence-based mandated reporter training for all mandated reporters in the commonwealth. The training shall include, but is not limited to, training in child abuse and neglect reporting, implicit bias training, technical instruction on how to file a 51A report and details on the department’s process regarding the filing and treatment of 51A reports. Training shall also include over-reporting prevention, including, but not limited to, how to address concerns with families and children when those concerns do not rise to the level of requiring a maltreatment report and how to understand the difference between poverty and neglect.
The office may, as appropriate, expand, update or amend mandated reporter training as appropriate. The office may create additional evidence-based mandated reporter trainings for specific groups of individuals such as educators, childcare workers, social workers and foster parents. The office of the child advocate may consult, or partner with, any public or private entity that the child advocate deems relevant to create, update, expand, implement or amend any mandated reporter trainings the office creates.
SECTION 16. Said chapter 18C is hereby further amended by inserting after section 2 the following section:-
Section 2A. In addition to the powers set forth in section 2, the child advocate, or the child advocate’s designee, may intervene in proceedings before the juvenile court described in section 24 of chapter 119 in which matters related to this chapter are in issue.
SECTION 17. Section 3 of said chapter 18C, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “health”, in line 10, the following words:- ; the speaker of the house of representatives, or designee; the senate president, or designee; the house minority leader, or designee; the senate minority leader, or designee.
SECTION 18. The fourth paragraph of said section 3 of said chapter 18C, as so appearing, is hereby further amended by adding the following sentence:- The child advocate’s annual salary shall be 80 per cent of the salary of the chief justice of the supreme judicial court.
SECTION 19. Said chapter 18C is hereby further amended by striking out section 4 and inserting in place thereof the following section:-
Section 4. The child advocate shall meet with the governor, the speaker of the house of representatives, the senate president, the attorney general, the state auditor and the chief justice of the juvenile court at least annually and shall present the annual goals of the office and its plans for monitoring the work, including the continuous quality improvement, of the child service agencies and the identification of any critical gaps and issues relating to interagency collaboration.
SECTION 20. Section 5 of said chapter 18C, as so appearing, is hereby amended by adding the following subsection:-
(i) The child advocate shall notify the governor, the attorney general, the auditor, the speaker of the house of representatives and the senate president when investigating a critical incident pursuant to this section that results in the death of a child due to a reasonable belief that an executive agency or constituent agency failed in its duty to protect a child. In order to ensure the integrity and independence of the office, the governor, the attorney general, the auditor, the speaker of the house of representatives and the senate president shall receive the results of such an investigation before any executive office, agency or program that is the subject of said investigation.
SECTION 21. Section 6 of said chapter 18C, as so appearing, is hereby amended by adding the following sentence:- The child advocate may also request from the clerks of the juvenile court or probate and family court information related to active court cases to which the department is a party, including case numbers and hearing dates.
SECTION 22. The first paragraph of section 7 of said chapter 18C, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- The child advocate may also request non-privileged information related to court cases, including case numbers and hearing dates.
SECTION 23. Section 11 of said chapter 18C, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “, in consultation with the advisory council,”.
SECTION 24. Section 12 of said chapter 18C, as so appearing, is hereby amended by inserting, in line 36, after the word “personnel,” the following words:- the speaker of the house of representatives, the senate president.
SECTION 25. Said chapter 18C, as so appearing, is hereby further amended by inserting after section 14 the following 2 sections:-
Section 15. The office shall, annually, oversee the review of child welfare data reporting and make recommendations for improvements to the report and profile required under subsections (b) and (c) of section 26 of chapter 18B and any other legislatively mandated reports, or the data measures, progress measures, and outcome measures pursuant to section 128 of chapter 47 of the acts of 2017. Following the release of the department’s annual report, the office shall seek input from the public, advocates and diverse stakeholders from across the commonwealth. The office shall consult with other individuals with relevant expertise, including academics, researchers and service providers. Annually, not later than January 2, the office shall file a report on its recommendations, together with drafts of any legislation necessary to carry its recommendations into effect, with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on children, families and persons with disabilities.
Section 16. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Child”, a person under the age of 18.
“Fatality”, a death of a child.
“Local team”, a local child fatality review team established in subsection (c).
“Near fatality”, an act that, as certified by a physician, places a child in serious or critical condition.
“State team”, the state child fatality review team established in subsection (b).
“Team”, the state or a local team.
“Office”, the office of the child advocate.
(b) There shall be a state child fatality review team within the office. Notwithstanding section 172 of chapter 6, members of the state team shall be subject to criminal offender record checks to be conducted by the colonel of state police on behalf of the child advocate. All members shall serve without compensation for their duties associated with membership on the state team.
The state team shall consist of not less than: (i) the child advocate, or designee, who shall serve as co-chair; (ii) the commissioner of public health, or designee, who shall serve as co-chair; (iii) the chief medical examiner, or designee; (iv) the attorney general, or designee; (v) the commissioner of children and families, or designee; (vi) the commissioner of elementary and secondary education, or designee; (vii) a representative selected by the Massachusetts District Attorneys Association; (viii) the colonel of state police, or designee; (ix) the commissioner of mental health, or designee; (x) the commissioner of developmental services, or designee; (xi) the director of the Massachusetts Center for Unexpected Infant and Child Death at Boston Medical Center, or designee; (xii) the commissioner of youth services, or designee; (xiii) the commissioner of early education and care, or designee; (xiv) a representative selected by the Massachusetts chapter of the American Academy of Pediatrics who has experience in diagnosing or treating child abuse and neglect; (xv) a representative selected by the Massachusetts Health and Hospital Association, Inc.; (xvi) the president of the Massachusetts Chiefs of Police Association Incorporated, or designee; and (xvii) any other person, selected by the co-chairs or by majority vote of the members of the state team, with expertise or information relevant to an individual case. The purpose of the state team shall be to decrease the incidence of preventable child fatalities and near fatalities by: (1) developing an understanding of the causes and incidence of child fatalities and near fatalities; and (2) advising the governor, the general court and the public by recommending changes in law, policy and practice to prevent child fatalities and near fatalities. The state team may consult with the chief justice of the juvenile court department of the trial court of the commonwealth on issues with a direct bearing upon the business of the Massachusetts courts.
To achieve its purpose, the state team shall: (i) develop model investigative and data collection protocols for local teams; (ii) provide information to local teams and law enforcement agencies for the purpose of protecting children; (iii) provide training and written materials to local teams to assist them in carrying out their duties; (iv) review reports from local teams; (v) study the incidence and causes of child fatalities and near fatalities in the commonwealth; (vi) analyze community, public and private agency involvement with the children and their families prior to and subsequent to fatalities or near fatalities; (vii) develop a protocol for the collection of data regarding fatalities and near fatalities and provide training to local teams on the protocol; (viii) develop and implement rules and procedures necessary for its own operation; and (ix) provide the governor, the general court and the public with annual written reports, subject to confidentiality restrictions, that shall include, but not be limited to, the state team’s findings and recommendations.
(c) There shall be a local child fatality review team in each district established under section 13 of chapter 12. Notwithstanding section 172 of chapter 6, members of a local team shall be subject to criminal offender record checks to be conducted by the district attorney. All members shall serve without compensation for their duties associated with membership on a local team.
Each local team shall include, but not be limited to: (i) the district attorney of the county, who shall serve as chair; (ii) the chief medical examiner or, designee; (iii) the commissioner of children and families or, designee; (iv) a pediatrician with experience in diagnosing or treating child abuse and neglect, appointed by the state team; (v) a local police officer from a municipality where a child fatality or near fatality occurred, appointed by the chief of police of the municipality; (vi) a state law enforcement officer, appointed by the colonel of state police; (vii) the director of the Massachusetts Center for Unexpected Infant and Child Death located at Boston Medical Center or a designee; (viii) at least 1 representative from the department of public health (ix) at least one representative from the office of the child advocate; and (x) any other person with expertise or information relevant to an individual case who may attend meetings, on an ad hoc basis, by agreement of the permanent members of each local team; provided that such person may include, but shall not be limited to, a local or state law enforcement officer, a hospital representative, a medical specialist or subspecialist, or a designee of the commissioners of developmental services, mental health, youth services, education and early education and care.
The purpose of each local team shall be to decrease the incidence of preventable child fatalities and near fatalities by: (i) coordinating the collection of information on fatalities and near fatalities; (ii) promoting cooperation and coordination between agencies responding to fatalities and near fatalities and in providing services to family members; (iii) developing an understanding of the causes and incidence of child fatalities and near fatalities in the county; and (iv) advising the state team on changes in law, policy or practice that may affect child fatalities and near fatalities.
To achieve its purpose, each local team shall: (i) review, establish and implement model protocols from the state team; (ii) review, subject to the approval of the local district attorney, all individual fatalities and near fatalities in accordance with the established protocols; (iii) meet periodically, not less than 2 times per calendar year, to review the status of fatality and near fatality cases and recommend methods of improving coordination of services between member agencies; (iv) collect, maintain and provide confidential data as required by the state team; and (v) provide law enforcement or other agencies with information to protect children.
At the request of the local district attorney, the local team shall be immediately provided with: (i) information and records relevant to the cause of the fatality or near fatality maintained by providers of medical or other care, treatment or services, including dental and mental health care; (ii) information and records relevant to the cause of the fatality or near fatality maintained by any state, county or local government agency including, but not limited to, birth certificates, medical examiner investigative data, parole and probation information records and law enforcement data post-disposition, except that certain law enforcement records may be exempted by the local district attorney; (iii) information and records of any provider of social services, including the department of children and families, relevant to the child or the child's family, that the local team deems relevant to the review; and (iv) demographic information relevant to the child and the child's immediate family, including, but not limited to, address, age, race, gender and economic status. The district attorney may enforce this paragraph by seeking an order of the superior court.
(d) Any privilege or restriction on disclosure established pursuant to chapter 66A, section 70 of chapter 111, section 11 of chapter 111B, section 18 of chapter 111E, chapter 112, chapter 123, section 20B, section 20J or section 20K of chapter 233 or any other law relating to confidential communications shall not prohibit the disclosure of this information to the chair of the state team or a local team. Any information considered to be confidential pursuant to the aforementioned statutes may be submitted for a team’s review upon the determination of that team’s chair that the review of this information is necessary. The chair shall ensure that no information submitted for a team’s review is disseminated to parties outside the team. No member of a team shall violate the confidentiality provisions set forth in the aforementioned statutes.
Except as necessary to carry out a team’s purpose and duties, members of a team and persons attending a team meeting shall not disclose any information relating to the team’s business.
Team meetings shall be closed to the public. Information and records acquired by the state team or by a local team pursuant to this chapter shall be confidential, exempt from disclosure under chapter 66 and may only be disclosed as necessary to carry out a team’s duties and purposes.
Statistical compilations of data that do not contain any information that would permit the identification of any person may be disclosed to the public.
(e) Members of a team, persons attending a team meeting and persons who present information to a team shall not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a team meeting.
(f) Information, documents and records of the state team or of a local team shall not be subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding; provided, however, that information, documents and records otherwise available from any other source shall not be immune from subpoena, discovery or introduction into evidence through these sources solely because they were presented during proceedings of a team or are maintained by a team.
(g) Nothing in this section shall limit the powers and duties of the child advocate or district attorneys.
SECTION 26. Section 2A of chapter 38 of the General Laws, as so appearing, is hereby repealed.
SECTION 27. Section 3 of said chapter 38, as so appearing, is hereby amended by adding the following paragraph:-
The office shall immediately send any notification or report of a death under the circumstances enumerated in clause (15) to the state child fatality review team established by section 15 of chapter 18C, including, but not limited to, the known facts concerning the time, place, manner, circumstances and cause of such death. The chief medical examiner shall provide any additional information related to such notification or report to the state child fatality review team upon request.
SECTION 28. Subsection (f) of section 23 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the sixth sentence.
SECTION 29. Subsection (h) of said section 23 of said chapter 119, as so appearing, is hereby further amended by striking out the second paragraph.
SECTION 30. Chapter 119 of the General Laws, as so appearing, is hereby amended by inserting after section 23C the following section:-
Section 23D. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Child” means any child, youth or young adult in the care or custody of the department.
“Child-specific family” means a non-kinship individual who is significant in a particular child’s life (e.g., school teacher comes forward; child recommends friend's parent).
(b) The department must present a copy of the following rights to each child in its care when the child enters care, during foster care review meetings, during permanency planning meetings in which the child is participating and at any other times the department deems appropriate. The child’s social worker must also explain these rights to the child in an age-appropriate way when the child enters care. The department must present the document to the child’s attorney and display the document prominently on its website and in all area offices. The department shall ensure the document is translated into the language spoken by the child.
(c) The bill of rights for children in foster care shall include, but not be limited to, the following:
(1) Safety and Security:
(i) Each child shall be treated with respect and shall not be harassed or discriminated against by department staff, foster parents or service providers on the basis of race, national origin, culture, language, ethnicity, sexual orientation, gender, gender identity, gender expression, religion or disability.
(ii) Each child has the right to a placement that is free from physical, sexual, emotional or other abuse, neglect or exploitation.
(iii) Each child shall have access to healthy food, clothing, personal care products and items that preserve and promote the child's family's culture or religion and the child’s specific hair and body needs.
(iv) Each child shall be placed in a safe and nurturing environment and receive appropriate care and treatment in the least restrictive setting available that can meet the child’s needs. No child shall be placed, housed or detained in a secure department of youth services (DYS) placement based on the department’s inability to provide an available and appropriate foster placement, nor shall the department advocate for bail of any amount for children in its care or custody.
(v) Each child has the right to age-appropriate information about a foster family or program prior to being placed and, whenever possible, shall have an opportunity to meet the foster parent or program staff before placement occurs. If the foster placement is only able to accommodate the child for a limited time, the child shall be notified of the anticipated duration of the child’s stay with that foster placement. The child shall be informed of a placement change, and the reason(s) therefore, at least 5 days in advance of any change. When a change is made in an emergency circumstance, the child shall be given as much notice as possible. The child’s belongings shall be packed with care and the child shall be allowed to bring their essential belongings and comfort items with them.
(vi) Each child has the right to safe access to personal possessions, personal space and privacy.
(2) Connections to Family, Community and Identity:
(i) Each child has the right to know, understand, learn and develop the child’s racial, cultural, linguistic, gender, religious and ethnic identity, including but not limited to clothing, hair, and other cultural expressions of identity, and to a placement that will provide or maintain the connections necessary to preserve and promote the child’s identities.
(ii) Each child has the right to be placed according to the child’s gender identity and referred to by the child’s identified name and gender pronoun. A child’s sexual orientation and gender identity and expression shall remain private unless the child permits the information to be disclosed, the disclosure is required to protect the child’s health and safety or disclosure is compelled by law or a court order.
(iii) Each child has the right for the department to prioritize the child’s parents, relatives and child-specific family first as potential placement providers. The child’s parents and relatives shall be considered first.
(iv) Each child has the right for the department to first consider placements with the child’s siblings or half-siblings also removed from the home unless the joint placement is contrary to the safety, well-being, or path to permanency for any of the siblings. Whenever possible, the department shall work to address barriers to placing siblings together. The department shall ensure the child be placed in close proximity to siblings if unable to be placed in the same setting and shall facilitate frequent and meaningful contact regardless of geographic barriers.
(v) Each child shall have the right to family time of a duration and frequency that is consistent with the developmental needs of the child. Family time shall take place in-person and outside of a department office whenever possible. Each child shall also have the right to other forms of parental contact, including but not limited to phone calls, videoconferences, email and texts. Congregate care programs should work to facilitate access to virtual forms of contact. Whenever possible, family time shall take place outside of school hours.
(vi) Each child has the right to maintain positive contact with other family members and significant positive relationships in the child’s life, including but not limited to teachers, friends and community supports.
(vii) Each child has the right to be treated as a family member in a foster family and, whenever possible, be included in a foster family’s activities, holidays and rituals.
(viii) Each child has the right to preserve and maintain all languages the child entered care speaking and to a placement that provides or facilitates appropriate language access.
(3) Health Care and Accessibility:
(i) Each child has the right to access appropriate medical, reproductive, dental, vision, mental and behavioral health services regularly and more often as needed.
(ii) Each child has the right to discuss any questions or concerns the child has relating to medication with a social worker or healthcare provider and to understand each of the medications the child takes, its purposes and side effects in a developmentally-appropriate way.
(iii) Each child has the right to out-of-home placements that are accessible for any disabilities the child may have and reasonable accommodations as necessary. These accommodations will be provided in a timely manner and in such a way as to protect the privacy of the child with a disability. Each child also has a right to discuss any disabilities with a social worker and request adaptive equipment, auxiliary aids or services.
(iv) Each child has the right to access gender-affirming care.
(4) Education, Employment and Social Connections:
(i) Each child has the right to school, educational stability, educational supports and to an education that fits the child’s needs.
(ii) Each child has the right to stay in the child’s school of origin unless doing so would not be in the child’s best interest.
(iii) Each child has the right to participate in age-appropriate school, extracurricular, enrichment, religious, cultural, linguistic, ethnic and social activities and to have any placement provider use the reasonable and prudent parenting standard when making decisions regarding participation in such activities.
(iv) Each child has the right to achieve developmentally-appropriate, age-related milestones, including but not limited to obtaining a driver’s license, opening bank accounts, birthday celebrations or graduations. The department shall cover any costs associated with these milestones.
(v) Each child will be informed of the educational, vocational and employment supports available to children through the department, including but not limited to any tuition and fee waivers for post-secondary education.
(vi) Each child shall be informed of all available services, including but not limited to assistance in acquiring life skills, educational assistance, financial support, housing support, assistance with credit reports and resolving inaccuracies, training and career guidance to accomplish personal goals and prepare for the future, post-secondary education and employment supports available to children in care and adaptive equipment or auxiliary aids and supports.
(vii) Each child shall have age-appropriate education through the department on financial preparedness, job readiness, appropriate use of social media, education options, healthy relationships and sexual and reproductive health.
(5) Resources and Supports:
(i) The department shall provide reasonable efforts towards reunification to the child and the child’s family of origin, pursuant to state and federal law.
(ii) Each child has the right to reasonable access to a caseworker who makes case plan decisions. Reasonable access shall include the social worker and supervisor’s office telephone numbers and email addresses as well as, at a minimum, monthly visits by the social worker. The department shall also provide the child an emergency contact number available 24 hours a day, 7 days a week. Such access must include the opportunity to have private conversations regarding any questions, grievances, or concerns.
(iii) Each child shall have the right to participate in the development and review of the service and visitation plans and shall be consulted as the department formulates or updates said plans. Children age 14 and older shall also be presented with the action or service plan for their review and signature.
(iv) Each child has the right to be informed in a developmentally-appropriate way of the reason(s) the department became involved with the child’s family, why the child came into care and why the child is still in care. Upon turning 18, children will have the right to access their case files, barring any confidential or legally privileged information.
(v) Each child age 14 or older has the right to be included in the foster care review meeting, permanency hearing and lead agency team meeting, unless documented by court order that participation would be detrimental to the child. If the child is unable to attend in person or by phone or video, the child shall have the right to submit a written statement to be considered at the meeting.
(vi) Each child shall be notified by the department about court dates and the department shall ensure the child understands the child’s right to attend court hearings and speak to the judge regarding any decision that may have an impact on the child’s life.
(vii) Each child has the right to access information contained in medical, dental and educational records held by the department as well as personal documents, including but not limited to social security card, birth certificate, health insurance information, state identification, driver’s license or green card in a developmentally-appropriate way. When a child leaves the care of the department, they shall be given copies of medical, dental and educational records held by the department and original copies of all personal documents. The department shall begin planning to return the documents to the child at least 30 days before the child leaves care to be able to give the documents to the child on the day of the child’s departure. When a child ages out of care, the department must assist the child in obtaining a state identification card if the child does not have one.
(viii) Each child has the right to an attorney upon entering care and to meaningful contact with said attorney. Each child shall be informed by the department of the names and phone numbers of assigned attorneys and be informed by a social worker that the child can contact the attorneys and that there is a process to request a change of attorneys.
(ix) Each child shall be informed by the department of the clothing, birthday and holiday payments to foster parents and placement providers for children in placement and that the child has the right to have those payments used to meet the child’s needs.
(6) Transition Age Youth
(i) Every child who turns 18 while in custody of the department is automatically signed out of care of the department but has the right to sign back into department care prior to turning 23, pursuant to federal requirements. Every child shall be made aware of this right throughout the transition planning process as well as any federal requirements governing services for transition age youth.
(ii) At the age of 14, the department shall begin working with the child to plan their transition from foster care to adulthood. The transition plan should cover all areas needed for a youth to be stable and successful as an adult, including housing, employment, education, and physical and behavioral health.
(iii) Every child above age 18 who has chosen to remain in the custody of the department has the right to leave and re-enter custody at any time for any reason.
(iv) During the transition planning process, the department shall inform the child of all resources and supports available to the child, including housing, educational and vocational supports.
(7) Remedies
(i) Each child shall have the right to file complaints with the department’s ombudsperson and/or the office of the child advocate and shall be free from retaliation or punishment for asserting this right. The department must provide the child with contact information for the ombudsperson and the office of the child advocate.
(ii) Each child shall have the right to have these rights enforced and to report complaints and violations of these rights. If the child, the child’s attorney or the child’s foster parent or placement provider believes any of the above rights have been violated, the child shall have the right to discuss the alleged violation with a social worker, file a complaint with the office of the child advocate or the department’s ombudsperson and/or petition the court for a determination. The department shall not retaliate against or punish a child, an attorney or a foster parent for asserting this right. If the social worker, the office of the child advocate or the court determines the child's rights have been violated, the department shall resolve the violation as soon as practicable.
SECTION 31. Subsection (c) of section 26 of said chapter 119, as so appearing, is hereby amended by inserting after the word “custody”, in line 90, the following words:- , the child advocate.
SECTION 32. Section 27 of said chapter 119, as so appearing, is hereby amended by inserting after the word “child”, in line 2, the following words:- , the child advocate.
SECTION 33. Subsection (e) of section 29B of said chapter 119, as so appearing, is hereby amended by inserting after the word “adult”, in line 84, the following words:- , the child advocate.
SECTION 34. Section 39½ of said chapter 119, as so appearing, is hereby amended by striking out the eighth paragraph.
SECTION 35. Section 51D of said chapter 119, as so appearing, is hereby amended by striking out the eighth paragraph.
SECTION 36. Section 51E of said chapter 119, as so appearing, is hereby amended by striking out, in line 2, the figure “51D” and inserting place thereof the following figure:- 51C.
SECTION 37. Section 5E of chapter 210 of the General Laws, as appearing in the 2020 Official Edition is hereby repealed.
SECTION 38. Item 4800-0015 of section 2 of chapter 126 of the acts of 2022 is hereby amended by striking out the words “provided further, that on December 1, 2022, and March 1, 2023, the department shall report to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities on: (i) the fair hearing requests filed in fiscal year 2023, using nonidentifying information which shall state, for each hearing request: (a) the subject matter of the appeal; (b) the number of days between the hearing request and the first day of the hearing; (c) the number of days between the first day of the hearing and the hearing officer’s decision; (d) the number of days between the hearing officer’s decision and the agency’s final decision; (e) the number of days of continuance granted at the appellant’s request; (f) the number of days of continuance granted at the request of the department of children and families or the hearing officer’s request, specifying which party made the request; and (g) whether the department’s decision that was the subject of the appeal was affirmed or reversed; and (ii) the fair hearing requests filed before fiscal year 2023, which have been pending for more than 180 days, stating the number of those cases, how many of those cases have been heard but not decided and how many have been decided by the hearing officer but not yet issued as a final agency decision; provided further, that the department shall maintain and make available to the public, during regular business hours, a record of its fair hearings, with identifying information removed, including for each hearing request: the date of the request, the date of the hearing decision, the decision rendered by the hearing officer and the final decision rendered upon the commissioner’s review; provided further, that the department shall make redacted copies of fair hearing decisions available within 30 days of a written request; provided further, that the department shall not make available any information in violation of federal privacy regulations; provided further, that not later than March 1, 2023, the department shall submit a report to the house and senate committees on ways and means and joint committee on children, families and persons with disabilities that shall include, but not be limited to, the: (1) number of medical and psychiatric personnel and their level of training currently employed by or under contract with the department; (2) number of foster care reviews conducted by the department and the average length of time in which each review is completed; (3) the number of social workers and supervisors who have earned a bachelor’s or master’s degree in social work; (4) the total number of social workers and the total number of social workers holding licensure, by level; (5) number of the department’s contracts reviewed by the state auditor and the number of corrective action plans issued; and (6) number of corrective action plans entered into by the department; provided further, that on the first business day of each quarter, the department shall file a report with the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities on the caseload of the department; provided further, that the report shall include, but not be limited to: (A) the caseloads of residential placements, congregate care, foster care, therapeutic foster care, adoption, guardianship, 51A reports, substantiated 51A reports, the number of children who die in the care and custody of the department, the number of children currently eligible for supportive child care, the number of children presently receiving supportive child care and the number of medical and psychiatric consultation requests made by the department’s social workers; (B) the number of approved foster care placements; (C) the number of children in psychiatric hospitals and community-based acute treatment programs who remain hospitalized beyond their medically-necessary stay while awaiting placement and the number of days each case remains in placement beyond that which is medically necessary; (D) the number of children under the department of children and families’ care and custody who are being served in medical or psychiatric care provided through other publicly-funded sources; (E) the number of children served by supervised visitation centers and the number of those children who are reunified with their families; (F) the total number of children served, their ages, the number of children served in each service plan, the number of children in out-of-home placements and the number of placements each child has had before receiving an out-of-home placement; (G) for each area office, the number of kinship guardianship subsidies provided in the quarters covered by the report and the number of kinship guardianship subsidies provided in that quarter for which federal reimbursement was received; (H) for each area office, the total spending on services other than case management services provided to families to keep a child with the child’s parents or reunifying the child with the child’s parents, spending by the type of service including, but not limited to, the number of children and a breakdown of spending for respite care, intensive in-home services, client financial assistance and flexible funding, community-based after-school social and recreation program services, family navigation services and parent aide services and the unduplicated number of families that receive the services; (I) for each area office, the total number of families residing in shelters paid for by the department, a list of where the families are sheltered, the total cost and average cost per family at those shelters and a description of how the department determines who qualifies or does not qualify for a shelter; (J) for each area office, the number of requests for voluntary services, broken down by type of service requested, whether the request was approved or denied, the number of families that were denied voluntary services and received a 51A report, the reasons for denying the service and what, if any, referrals were made for services by other agencies or entities; (K) the number of families receiving multiple 51A reports within a 10-month period, the number of cases reopened within 6 months of being closed and the number of children who return home and then reenter an out-of-home placement within 6 months; (L) the number of children and families served by the family resource centers by area; and (M) the number of children within the care and custody of the department whose whereabouts are unknown; provided further, that not later than January 31, 2023, the department shall submit a report to the house and senate committees on ways and means and the joint committee on children, families and persons with disabilities that details any changes to said rules, regulations or guidelines established by the department in the previous fiscal year to carry out its duties under chapter 119 of the General Laws including, but not limited to: (I) criteria used to determine whether a child has been abused or neglected; (II) guidelines for removal of a child from the home; and (III) standards to determine what reasonable efforts are being made to keep a child in the home; provided further, that on a monthly basis, the department shall provide the caseload forecasting office with data on children receiving services and other pertinent data related to items 4800-0038 and 4800-0041 that is requested by the office; provided further, that the report shall also contain the number of children and families served by the family resource centers, by area, and an evaluation of the services provided and their effectiveness.”
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An Act to educate on prescription opioids
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S1240
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SD2321
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-20T15:43:55.767'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-20T15:43:55.7666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1240/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 1240) of Brendan P. Crighton for legislation to educate on prescription opioids. Mental Health, Substance Use and Recovery.
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SECTION 1. Chapter 94C of the General Laws is hereby amended by inserting after section 18C the following new section:-
Section 18D. In the event that a practitioner issues a prescription for an opioid contained in Schedule II of section 3, the practitioner shall also provide education on the potential adverse risks of the prescription opioid, including the need to also obtain an opioid overdose reversal agent, such as naloxone, if one of the following conditions is present: (i) the patient is prescribed an opioid which individually or in aggregate with other medications is more than equal to 50 morphine milligram 7 equivalents per day; (ii) the patient is prescribed any dose of an opioid when a benzodiazepine has been prescribed in the past 30 days or will be prescribed at the visit; or (iii) the patient has a prior history of opioid use disorder or overdose or has a history of substance use disorder. If the practitioner does not provide this education on an opioid antagonist at the time said prescription for an opioid is issued, the practitioner shall document in the patient’s medical record why an opioid antagonist was not appropriate for the patient.
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An Act to strengthen emergency restraint for persons suffering dangerous or violent mental illness
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S1241
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SD1764
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-19T20:45:05.54'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-19T20:45:05.54'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1241/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1241) of John J. Cronin for legislation to strengthen emergency restraint for persons suffering dangerous or violent mental illness. Mental Health, Substance Use and Recovery.
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Section 12 of Chapter 123 of the General Laws, as appearing in the 2016 official edition, is hereby amended by:-
Adding paragraph (a)(1): “A person who is violent, homicidal, or poses a risk of serious physical harm to another may be hospitalized pursuant to this section for a period up to seventy-two hours. Such hospitalization may be based on a statement from a person who has been placed in reasonable fear of violent behavior and risk of serious physical harm to themselves from the person to be hospitalized.” A person admitted pursuant to this subsection shall be entitled to appointment of counsel and to request an emergency hearing as provided in paragraph (b) of this section.”
In paragraph (d), adding the sentence “A person who has been hospitalized pursuant to paragraph (a)(1) of this section based on violent or homicidal tendency or risk of serious physical harm to another may be released only after three days. After release, such person shall be subject to seven days of supervision, either in person or by video conference, by a licensed independent clinical social worker, or by a mental health worker affiliated with a police department.
Adding paragraph (f): “Any hospital or other facility that admits a person pursuant to this section shall be required to provide, on request, medical information including treatment history and medications prescribed to a social worker with supervisory authority over such person.”
Adding paragraph (g): “If, in the opinion of a social worker or other mental health worker who has supervision over a person committed and then released under this section, that person is relapsing into mental illness such that he or she again presents a danger of serious harm, or is otherwise not compliant with treatment or supervision, that social worker or mental health worker shall have authority to petition for expedited readmission to the facility from which the person was released. Such petition shall not require initiating a new proceeding under this section.
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