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An Act relative to preventing overdose deaths and increasing access to treatment
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S1242
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SD430
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:29:41.487'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:29:41.5'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-07T16:32:41.5666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T16:32:41.5666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T16:32:41.5666667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-07T16:32:41.5666667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-07T16:32:41.5666667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-07T16:32:41.5666667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T16:32:41.5666667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-07T16:32:41.5666667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-22T13:54:57.7733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-22T13:54:57.7733333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-14T14:26:55.5'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-09-25T10:02:22.75'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1242) of Julian Cyr, Joanne M. Comerford, Jack Patrick Lewis, Vanna Howard and other members of the General Court for legislation relative to preventing overdose deaths and increasing access to treatment. Mental Health, Substance Use and Recovery.
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SECTION 1. Notwithstanding any general or special law to the contrary, there shall be a 10-year pilot program establishing overdose prevention centers that utilize harm reduction tools, including clinical monitoring of the consumption of pre-obtained controlled substances in the presence of trained staff, for the purpose of reducing the risks of disease transmission and preventing overdose deaths.
The department of public health shall promulgate rules and regulations necessary for the operation of an overdose prevention center, including but not limited to, establishing a process to apply for licensure. Entities that provide health and social services, including private organizations and municipal departments, shall be eligible to apply for licensure to operate an overdose prevention center. Approval from the local board of health to participate in the pilot program shall be required before an entity may apply for licensure to operate an overdose prevention center.
The department of public health shall send notification and an explanation of the department’s approval or denial of licensure, in writing, within 45 days of a completed application to the applicant and to the local board of health where the overdose prevention center would be located. A denial of licensure shall not prohibit an entity from submitting a future application at any time.
To be considered for licensure, an overdose prevention center shall, at a minimum:
(1) provide a hygienic space where participants may consume pre-obtained controlled substances;
(2) provide adequate staffing by healthcare professionals or other trained staff or volunteers;
(3) provide sterile injection supplies, collect used hypodermic needles and syringes, and provide secure hypodermic needle and syringe disposal services;
(4) provide education on safe consumption practices, proper disposal of hypodermic needles and syringes, and overdose prevention;
(5) monitor participants for potential overdose and administer first aid, if needed;
(6) provide access or referrals to addiction treatment;
(7) educate participants on the risks of contracting HIV and viral hepatitis, and provide access or referrals to prevention, screening, and treatment services;
(8) provide access to naloxone or referrals to obtain naloxone for participants;
(9) ensure the confidentiality of participants using an anonymous unique identifier, if needed;
(10) provide trainings for staff members to deliver services offered by the overdose prevention center or make available any trainings provided by the department of public health, if required;
(11) establish standard security procedures in consultation with local law enforcement; and
(12) establish standard policies that facilitate communication and education with local businesses, community members, local law enforcement, and first responders.
A licensed overdose prevention center shall be authorized as a needle exchange program under section 215 of chapter 111 of the General Laws.
Notwithstanding any general or special law or rule or regulation to the contrary, the following persons shall not be arrested, charged, or prosecuted for any criminal offense, including, but not limited to, charges pursuant to sections 13, 32I, 34, 43 or 47 of chapter 94C of the General Laws, or be subject to any civil or administrative penalty, including seizure or forfeiture of data records, assets or property or disciplinary action by a professional licensing board, credentialing restriction, contractual liability, and action against clinical staff or other employment action, or be denied any right or privilege, solely for participation or involvement in an overdose prevention center licensed by the department of public health pursuant to this section: (i) a participant; (ii) a staff member or administrator of a licensed overdose prevention center, including a health-care professional, manager, employee, or volunteer; (iii) a property owner who owns property at which a licensed overdose prevention center is located and operates, (iv) the entity operating the licensed overdose prevention center. Entering or exiting a licensed overdose prevention center cannot serve as the basis for, or a fact contributing to the existence of, reasonable suspicion or probable cause to conduct a search or seizure.
The department of public health shall submit a report to the clerks of the senate and house of representatives and to the senate and house chairs of the joint committee on mental health, substance use and recovery. The report shall include site-specific and aggregate data for all licensed overdose prevention centers including but not limited to: (i) number of participant visits; (ii) number of overdoses reversed; (iii) number of referrals to addiction treatment and (iv) number of hypodermic needles and syringes collected and distributed. The report shall be submitted no later than 18 months after implementation of the pilot program, and annually thereafter.
SECTION 2. The department of public of health shall promulgate regulations to implement section 1 within 6 months of the effective date of this act.
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An Act relative to harm reduction and racial justice
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S1243
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SD448
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:33:08.213'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:33:08.2133333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T13:32:39.88'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T16:31:54.6533333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-22T13:57:18.1866667'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1243) of Julian Cyr, Liz Miranda, Vanna Howard and Lindsay N. Sabadosa for legislation relative to harm reduction and racial justice. Mental Health, Substance Use and Recovery.
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Chapter 94C of the General Laws is hereby amended by striking out section 34, as so appearing, and inserting in place thereof the following section:-
Section 34. No person knowingly or intentionally shall possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of this chapter. Except as provided in Section 32L of this Chapter, any person who violates this section shall be subject to a civil fine of not more than fifty dollars or participation in a needs screening to identify health and other service needs, including but not limited to services that may address any substance use disorder and mental health conditions, lack of employment, housing, or food, and any need for civil legal services. The screening should prioritize the individual's self-identified needs for referral to appropriate services. The screening shall be conducted by individuals trained in the use of evidence-based, culturally and gender competent trauma-informed practices. Upon verification that the person has completed the screening within forty-five days of when the fine was imposed, the fine imposed by this section shall be waived and the citation dismissed. Completion of the screening shall not be deemed an admission of any kind and no legal findings shall be made based on the issued citation. Failure to pay the fine shall not be the basis for further penalties or for a term of incarceration.
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An Act building resiliency in communities through mental health
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S1244
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SD1540
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-19T17:17:36.233'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-19T17:17:36.2333333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-30T13:37:54.2533333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-10-05T07:46:11.6533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1244/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1244) of Julian Cyr for legislation to build resiliency in communities through mental health. Mental Health, Substance Use and Recovery.
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Section 1. There shall be a mental health capacity grant program established within the department of mental health for the purpose of addressing increased mental health needs in nonprofit organizations at high risk of hate crimes, as defined in section 32 of chapter 22c of the General Laws.
The program shall make grants available to nonprofit organizations at high risk of hate crimes, as defined in section 32 of chapter 22c of the General Laws, to increase behavioral health competency of staff who have frequent interactions with targeted communities and to expand supportive programming to the same populations. The grants shall be used to support programming determined by an organization’s specific needs to address mental health including but not limited to (a) mental health first aid training, (b) culturally responsive referral programs, (c) community education and destigmatization of mental health supports, (d) and any other programming shown to effectively impact positive mental health.
Subject to appropriation, the department shall promulgate regulations to develop provisions around grantmaking including that the grants shall be distributed in a geographically equitable manner across the commonwealth and distributed in a manner that correlates with bias types included in the preceding year’s annual hate crime report by the Massachusetts Executive Office of Public Safety and Security.
No later than 6 months from the distribution of the first grant, the commissioner shall file a report with the clerks of the senate and house of representatives, the joint committee on mental health, substance use and recovery, the joint committee on racial equity, civil rights, and inclusion, and the house and senate committees on ways and means detailing the grant program, which shall include, but not be limited to: (i) the number of applications received; (ii) the number of grants awarded; (iii) the dollar amount per grant; (iv) the organizational mission of each grantee; and (v) the type of programming supported by each grant.
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An Act studying the mental health impacts of the COVID-19 pandemic on frontline, direct care nurses
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S1245
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SD1676
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T16:48:39.213'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T16:48:39.2133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1245/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1245) of Paul R. Feeney for legislation to study the mental health impacts of the COVID-19 pandemic on frontline, direct care nurses. Mental Health, Substance Use and Recovery.
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SECTION 1. Notwithstanding any general or special law to the contrary, the health policy commission, in consultation with relevant stakeholders, shall conduct a study of the mental and behavioral health effects of the COVID-19 pandemic on the frontline, direct care nursing workforce. The commission shall seek input from the department of public health, the department of mental health, the Massachusetts Nurses Association, the office of health equity, the interagency health equity team, other state agencies, frontline nurses, healthcare providers, behavioral and economic experts and caregivers.
SECTION 2. The study shall: (i) identify the healthcare services that frontline, direct care nurses provided during the COVID-19 pandemic to patients suffering from COVID-19, including those above and beyond their normal duties; (ii) identify the traumatic effect of the COVID-19 pandemic and associated hospital patient surge and unprecedented death rate on mental health predisposition and risk factors contributing to post-traumatic stress disorder, depression, anxiety and other acute and long-term mental health conditions, caused by the COVID-19 pandemic; (iii) identify the mental and behavioral health resources offered by hospitals to the frontline, direct care nursing and staff workforce; (iv) recommend ways to improve access to, and the quality of, mental and behavioral health services to the frontline, direct care nursing and staff workforce; and (v) identify any other issues pertaining to providing mental and behavioral health resources to the frontline, direct care nursing workforce and staff in response to the COVID-19 pandemic, as deemed relevant by the commission, including, but not limited to, barriers to mental and behavioral healthcare delivery.
SECTION 3. Not later than December 31, 2024, the health policy commission shall file a report of its findings, together with any recommendations for legislation, with the clerks of the senate and house of representatives, the joint committee on health care financing, the joint committee on mental health, substance use and recovery and the joint committee on financial services.
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An Act to provide more timely treatment of inpatient mental health care
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S1246
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SD1122
| 193
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T14:41:33.41'}
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[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T14:41:33.41'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-24T10:04:12.8333333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-09T16:46:07.1166667'}]
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Bill
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By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1246) of Cindy F. Friedman, Rebecca L. Rausch and Sal N. DiDomenico for legislation to provide more timely treatment of inpatient mental health care. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 2 of chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 12, the word “and”.
SECTION 2. Said section 2 of said chapter 123, as so appearing, is hereby further amended by inserting after the word “facilities”, in lines 13 to 14, the following words:- , and (4) shall be developed in a manner consistent with available physician resources and in accordance with national standards for providing evening and night coverage for hospitals.
SECTION 3. Section 5 of said chapter 123, as so appearing, is hereby amended by inserting after the third sentence the following sentence:- Such independent medical examination, if requested by the indigent person or his counsel, shall be requested not more than 24 hours after the appointment of counsel and shall be completed within 3 business days after such request for the independent medical examination.
SECTION 4. Said section 5 of said chapter 123, as so appearing, is hereby further amended by striking out, in line 15, the words “unless counsel requests a delay”.
SECTION 5. Section 7 of said chapter 123, as so appearing, is hereby amended by striking out, in lines 24 and 25, the words “, unless a delay is requested by the person or his counsel”.
SECTION 6. Said section 7 of said chapter 123, as so appearing, is hereby further amended by striking out, in lines 26 to 27, the words “, unless a delay is requested by the person or his counsel”.
SECTION 7. Section 8B of said chapter 123, as so appearing, is hereby amended by striking out, in line 21, the figure “fourteen” and inserting in place thereof the figure:- “5”.
SECTION 8. Subsection (d) of section 5-308 of chapter 190B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “as expeditiously as possible”, in line 55, the following words:- ; provided however, for patients in inpatient mental health facilities, said hearing shall be conducted within 7 days of the filing of the petition and the notice required under subsection (c) of this section shall be adjusted accordingly.
SECTION 9. Notwithstanding any general or special law, regulation or procedure to the contrary, the department of children and families, in conjunction with the office of the child advocate, shall develop a facilitated process and time frame for the administration of antipsychotic medication for children in their custody who are hospitalized in inpatient psychiatric facilities.
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An Act ensuring access to addiction services
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S1247
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SD1129
| 193
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T13:34:31.223'}
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[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T13:34:31.2233333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-24T10:04:22'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T12:35:04.7266667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-02T10:40:19.9266667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T16:21:59.6533333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T10:58:45.5233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T13:32:40.9733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T16:11:53.3333333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-23T13:41:51.6966667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-24T10:54:20.0766667'}]
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Bill
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By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1247) of Cindy F. Friedman, Rebecca L. Rausch, Michael J. Barrett, Lydia Edwards and other members of the General Court for legislation to ensure access to addiction services. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 35 of chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Facility”, in lines 9 to 10, and inserting in place thereof the following definition:-
“Facility”, a public or private facility that provides care and treatment for a person with an alcohol or substance use disorder; provided, that for purposes of this section “facility” shall not include any jail or correctional facility or any other facility funded, controlled or administered by a sheriff or the executive office of public safety or any agency under the jurisdiction of the executive office of public safety.
SECTION 2. Said section 35 of said chapter 123, as so appearing, is hereby amended by striking out the fourth to sixth paragraphs, in lines 74 to 104, inclusive, and inserting in place thereof the following paragraphs:-
The secretary of health and human services shall ensure an adequate supply of beds for the treatment of alcohol or substance use disorders under this section at facilities licensed or approved by the department of public health or the department of mental health. If the court makes a specific finding that the only appropriate setting for treatment for the person is a secure facility, then the person may be committed to a secure facility licensed or approved by the department of public health or the department of mental health; provided, that such secure facilities shall be geographically distributed throughout the commonwealth to provide access to treatment in all regions of Massachusetts.
Notwithstanding this section or any general or special law to the contrary, a person may be committed under this section to a correctional facility, designated by the commissioner of correction, only if the person is concurrently committed pursuant to an order issued in a criminal case under a provision of law other than this section; provided, however, that such correctional facility shall be capable of providing appropriate, evidence-based treatment under this section. The commissioner of correction shall report monthly, by correctional facility, the number of persons committed under this section to a correctional facility pursuant to an order issued in a criminal case. The report shall be provided to the clerks of the senate and house of representatives, the chairs of the joint committee on mental health, substance use and recovery, the chairs of the joint committee on public safety and homeland security and the chairs of the joint committee on the judiciary.
A person committed under this section shall, upon release, be encouraged to consent to further treatment and shall be allowed voluntarily to remain in the facility for such purpose. The department of public health shall maintain a roster of public and private facilities available, together with the number of beds currently available and the level of security at each facility, for the care and treatment of alcohol use disorder and substance use disorder and shall make the roster available to the trial court.
SECTION 3. Said section 35 of said chapter 123, as so appearing, is hereby amended by adding the following sentence:-
Nothing in this section shall relieve a correctional facility from its responsibility to offer evidence-based treatment for alcohol or substance use disorder to incarcerated persons on a voluntary basis.
SECTION 4. This act shall take effect July 1, 2023.
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An Act to increase investment in behavioral health care in the Commonwealth
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S1248
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SD1474
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-18T22:15:29.71'}
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[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-18T22:15:29.71'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-04-07T09:24:19.1333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-24T09:34:04.0166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1248/DocumentHistoryActions
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Bill
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By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1248) of Cindy F. Friedman for legislation to increase investment in behavioral health care in the Commonwealth. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 1 of chapter 6D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “After-hours care” the following definitions:-
“Aggregate behavioral health baseline expenditures”, the sum of all behavioral health expenditures, as defined by the center, in the commonwealth in the calendar year preceding the 3-year period to which the aggregate behavioral health expenditure target applies; provided, however, that aggregate behavioral health baseline expenditures shall initially be calculated using calendar year 2023.
“Aggregate behavioral health expenditure target”, the targeted rate of growth for aggregate behavioral health baseline expenditures for a particular calendar year, as a percentage established by the board.
SECTION 2. Said section 1 of said chapter 6D, as so appearing, is hereby further amended by inserting after the definition of “Alternative payment methodologies or methods” the following definitions:-
“Behavioral health baseline expenditures”, the sum of all behavioral health expenditures, as defined by the center, by or attributed to an individual health care entity in the calendar year preceding the 3-year period to which the behavioral health expenditure target applies; provided, however, that behavioral health baseline expenditures shall initially be calculated using calendar year 2023.
“Behavioral health expenditure target”, the targeted rate of growth for behavioral health baseline expenditures for a particular calendar year, as a percentage established by the board.
SECTION 3. Section 8 of said chapter 6D, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) Not later than October 1 of every year, the commission shall hold public hearings based on the report submitted by the center under section 16 of chapter 12C comparing the growth in total health care expenditures to the health care cost growth benchmark for the previous calendar year and comparing the growth in actual aggregate behavioral health expenditures for the previous calendar year to the aggregate behavioral health expenditure target. The hearings shall examine health care provider, provider organization and private and public health care payer costs, prices and cost trends, with particular attention to factors that contribute to cost growth within the commonwealth’s health care system and challenge the ability of the commonwealth’s health care system to meet the benchmark or the aggregate behavioral health expenditure target established under section 9A.
SECTION 4. Said section 8 of said chapter 6D, as so appearing, is hereby further amended by striking out, in line 94, the word “and” and inserting in place thereof the following words:- , including behavioral health expenditures, and.
SECTION 5. Said chapter 6D, as so appearing, is hereby further amended by inserting after section 9 the following section:-
Section 9A. (a) The board shall establish an aggregate behavioral health expenditure target for the commonwealth, which the commission shall prominently publish on its website.
(b) The commission shall establish the aggregate behavioral health expenditure target as follows:
(1) For the 3-year period ending with calendar year 2026, the aggregate behavioral health expenditure target in year 1, in year 2, and in year 3 shall be 30 per cent higher than aggregate behavioral health baseline expenditures, and the behavioral health expenditure target in year 1, in year 2, and in year 3 shall be 30 per cent higher than behavioral health baseline expenditures.
(2) For calendar years 2027 and beyond, the commission may modify the behavioral health expenditure target and aggregate behavioral health expenditure target, to be effective for each year of a 3-year period, provided that the behavioral health expenditure target and aggregate behavioral health expenditure target shall be approved by a two-thirds vote of the board not later than December 31 of the final calendar year of the preceding 3-year period. If the commission does not act to establish an updated behavioral health expenditure target and aggregate behavioral health expenditure target pursuant to this subsection, the behavioral health expenditure target for each of the 3 years shall be 30 per cent higher than behavioral health baseline expenditures, and the aggregate behavioral health expenditure target for each of the 3 years shall be 30 per cent higher than aggregate behavioral health baseline expenditures, until such time as the commission acts to modify the behavioral health expenditure target and aggregate behavioral health expenditure target. If the commission modifies the behavioral health expenditure target and aggregate behavioral health expenditure target, the modification shall not take effect until the 3-year period beginning with the next full calendar year.
(c) Prior to establishing the behavioral health expenditure target and aggregate behavioral health expenditure target, the commission shall hold a public hearing. The public hearing shall be based on the report submitted by the center under section 16 of chapter 12C, comparing the actual aggregate expenditures on behavioral health services to the aggregate behavioral health expenditure target, any other data submitted by the center and such other pertinent information or data as may be available to the commission The hearings shall examine the performance of health care entities in meeting the behavioral health expenditure target and the commonwealth’s health care system in meeting the aggregate behavioral health expenditure target. The commission shall provide public notice of the hearing at least 45 days prior to the date of the hearing, including notice to the joint committee on health care financing. The joint committee on health care financing may participate in the hearing. The commission shall identify as witnesses for the public hearing a representative sample of providers, provider organizations, payers and such other interested parties as the commission may determine. Any other interested parties may testify at the hearing.
SECTION 6. Said chapter 6D, as so appearing, is hereby further amended by inserting after section 10 the following section:-
Section 10A. (a) For the purposes of this section, “health care entity” shall mean any entity identified by the center under section 18 of chapter 12C.
(b) The commission shall provide notice to all health care entities that have been identified by the center under section 18 of chapter 12C for failure to meet the behavioral health expenditure target. Such notice shall state that the center may analyze the performance of individual health care entities in meeting the behavioral health expenditure target and, beginning in calendar year 2027, the commission may require certain actions, as established in this section, from health care entities so identified.
(c) In addition to the notice provided under subsection (b), the commission may require any health care entity that is identified by the center under section 18 of chapter 12C for failure to meet the behavioral health expenditure target to file and implement a performance improvement plan. The commission shall provide written notice to such health care entity that they are required to file a performance improvement plan. Within 45 days of receipt of such written notice, the health care entity shall either:
(1) file a performance improvement plan with the commission; or
(2) file an application with the commission to waive or extend the requirement to file a performance improvement plan.
(d) The health care entity may file any documentation or supporting evidence with the commission to support the health care entity’s application to waive or extend the requirement to file a performance improvement plan. The commission shall require the health care entity to submit any other relevant information it deems necessary in considering the waiver or extension application; provided, however, that such information shall be made public at the discretion of the commission.
(e) The commission may waive or delay the requirement for a health care entity to file a performance improvement plan in response to a waiver or extension request filed under subsection (c) in light of all information received from the health care entity, based on a consideration of the following factors: (1) the behavioral health baseline expenditures, costs, price and utilization trends of the health care entity over time, and any demonstrated improvement to increase the proportion of behavioral health expenditures; (2) any ongoing strategies or investments that the health care entity is implementing to invest in or expand access to behavioral health services; (3) whether the factors that led to the inability of the health care entity to meet the behavioral health expenditure target can reasonably be considered to be unanticipated and outside of the control of the entity; provided, that such factors may include, but shall not be limited to, market dynamics, technological changes and other drivers of non-behavioral health spending such as pharmaceutical and medical devices expenses; (4) the overall financial condition of the health care entity; and (5) any other factors the commission considers relevant.
(f) If the commission declines to waive or extend the requirement for the health care entity to file a performance improvement plan, the commission shall provide written notice to the health care entity that its application for a waiver or extension was denied and the health care entity shall file a performance improvement plan.
(g) The commission shall provide the department of public health any notice requiring a health care entity to file and implement a performance improvement plan pursuant to this section. In the event a health care entity required to file a performance improvement plan under this section submits an application for a notice of determination of need under section 25C or 51 of chapter 111, the notice of the commission requiring the health care entity to file and implement a performance improvement plan pursuant to this section shall be considered part of the written record pursuant to said section 25C of chapter 111.
(h) A health care entity shall file a performance improvement plan: (1) within 45 days of receipt of a notice under subsection (c); (2) if the health care entity has requested a waiver or extension, within 45 days of receipt of a notice that such waiver or extension has been denied; or (3) if the health care entity is granted an extension, on the date given on such extension. The performance improvement plan shall identify specific strategies, adjustments and action steps the entity proposes to implement to increase the proportion of behavioral health expenditures. The proposed performance improvement plan shall include specific identifiable and measurable expected outcomes and a timetable for implementation.
(i) The commission shall approve any performance improvement plan that it determines is reasonably likely to address the underlying cause of the entity’s inability to meet the behavioral health expenditure target and has a reasonable expectation for successful implementation.
(j) If the board determines that the performance improvement plan is unacceptable or incomplete, the commission may provide consultation on the criteria that have not been met and may allow an additional time period, up to 30 calendar days, for resubmission.
(k) Upon approval of the proposed performance improvement plan, the commission shall notify the health care entity to begin immediate implementation of the performance improvement plan. Public notice shall be provided by the commission on its website, identifying that the health care entity is implementing a performance improvement plan. All health care entities implementing an approved performance improvement plan shall be subject to additional reporting requirements and compliance monitoring, as determined by the commission. The commission shall provide assistance to the health care entity in the successful implementation of the performance improvement plan.
(l) All health care entities shall, in good faith, work to implement the performance improvement plan. At any point during the implementation of the performance improvement plan the health care entity may file amendments to the performance improvement plan, subject to approval of the commission.
(m) At the conclusion of the timetable established in the performance improvement plan, the health care entity shall report to the commission regarding the outcome of the performance improvement plan. If the performance improvement plan was found to be unsuccessful, the commission shall either: (1) extend the implementation timetable of the existing performance improvement plan; (2) approve amendments to the performance improvement plan as proposed by the health care entity; (3) require the health care entity to submit a new performance improvement plan under subsection (c); or (4) waive or delay the requirement to file any additional performance improvement plans.
(n) Upon the successful completion of the performance improvement plan, the identity of the health care entity shall be removed from the commission’s website.
(o) The commission may submit a recommendation for proposed legislation to the joint committee on health care financing if the commission determines that further legislative authority is needed to achieve the health care quality and spending sustainability objectives of section 9A, assist health care entities with the implementation of performance improvement plans or otherwise ensure compliance with the provisions of this section.
(p) If the commission determines that a health care entity has: (1) willfully neglected to file a performance improvement plan with the commission by the time required in subsection (h); (2) failed to file an acceptable performance improvement plan in good faith with the commission; (3) failed to implement the performance improvement plan in good faith; or (4) knowingly failed to provide information required by this section to the commission or that knowingly falsifies the same, the commission may assess a civil penalty to the health care entity of not more than $500,000. The commission shall seek to promote compliance with this section and shall only impose a civil penalty as a last resort.
(q) The commission shall promulgate regulations necessary to implement this section.
(r) Nothing in this section shall be construed as affecting or limiting the applicability of the health care cost growth benchmark established under section 9, and the obligations of a health care entity thereto.
SECTION 7. Section 16 of chapter 12C of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) The center shall publish an annual report based on the information submitted under this chapter concerning health care provider, provider organization and private and public health care payer costs and cost trends, section 13 of chapter 6D relative to market power reviews and section 15 relative to quality data. The center shall compare the costs and cost trends with the health care cost growth benchmark established by the health policy commission under section 9 of chapter 6D, analyzed by regions of the commonwealth, and shall compare the costs, cost trends, and expenditures with the aggregate behavioral health expenditure target established under section 9A of chapter 6D, and shall detail: (1) baseline information about cost, price, quality, utilization and market power in the commonwealth's health care system; (2) cost growth trends for care provided within and outside of accountable care organizations and patient-centered medical homes; (3) cost growth trends by provider sector, including but not limited to, hospitals, hospital systems, non-acute providers, pharmaceuticals, medical devices and durable medical equipment; provided, however, that any detailed cost growth trend in the pharmaceutical sector shall consider the effect of drug rebates and other price concessions in the aggregate without disclosure of any product or manufacturer-specific rebate or price concession information, and without limiting or otherwise affecting the confidential or proprietary nature of any rebate or price concession agreement; (4) factors that contribute to cost growth within the commonwealth's health care system and to the relationship between provider costs and payer premium rates; (5) behavioral health expenditure trends as compared to the aggregate behavioral health baseline expenditures, as defined in section 1 of chapter 6D; (6) the proportion of health care expenditures reimbursed under fee-for-service and alternative payment methodologies; (7) the impact of health care payment and delivery reform efforts on health care costs including, but not limited to, the development of limited and tiered networks, increased price transparency, increased utilization of electronic medical records and other health technology; (8) the impact of any assessments including, but not limited to, the health system benefit surcharge collected under section 68 of chapter 118E, on health insurance premiums; (9) trends in utilization of unnecessary or duplicative services, with particular emphasis on imaging and other high-cost services; (10) the prevalence and trends in adoption of alternative payment methodologies and impact of alternative payment methodologies on overall health care spending, insurance premiums and provider rates; (11) the development and status of provider organizations in the commonwealth including, but not limited to, acquisitions, mergers, consolidations and any evidence of excess consolidation or anti-competitive behavior by provider organizations; (12) the impact of health care payment and delivery reform on the quality of care delivered in the commonwealth; and (13) costs, cost trends, price, quality, utilization and patient outcomes related to behavioral health service subcategories, as described in section 21A.
SECTION 8. Said section 16 of said chapter 12C, as so appearing, is hereby further amended by adding the following subsections:-
(d) The center shall publish the aggregate behavioral health baseline expenditures in its annual report, beginning in the center’s 2024 annual report.
(e) The center, in consultation with the commission, shall determine the behavioral health baseline expenditures for individual health care entities and shall report to each health care entity its respective baseline expenditures annually, by October 1.
SECTION 9. Said chapter 12C, as so appearing, is hereby further amended by striking out section 18 and inserting in place thereof the following section:-
Section 18. The center shall perform ongoing analysis of data it receives under this chapter to identify any payers, providers or provider organizations whose: (i) increase in health status adjusted total medical expense is considered excessive and who threaten the ability of the state to meet the health care cost growth benchmark established by the joint committee on health care financing and the commission under section 10 of chapter 6D; or (ii) expenditures fail to meet the behavioral health expenditure target under section 9A of chapter 6D. The center shall confidentially provide a list of the payers, providers and provider organizations to the commission such that the commission may pursue further action under sections 10 and 10A of chapter 6D.
SECTION 10. Section 21A of said chapter 12C, as so appearing, is hereby amended by adding the following sentence:-
Said continuing program of investigation and study shall include developing and defining criteria for health care services to be categorized as behavioral health services, with subcategories including, but not limited to: (i) mental health; (ii) substance use disorder; (iii) outpatient; (iv) inpatient; (v) services for children; (vi) services for adults; and (vii) provider type.
SECTION 11. Notwithstanding any general or special law to the contrary, there shall be a special task force to develop guiding principles and practice specifications that will assist health care entities in meeting their annual behavioral health expenditure target, as established by section 9A of chapter 6D of the General Laws.
The task force shall consist of 21 individuals: the executive director of the health policy commission or a designee, who shall serve as chair; the secretary of health and human services or a designee; the executive director of the center for health information and analysis or a designee; the senate chair of the joint committee on health care financing or a designee; the house chair of the joint committee on health care financing or a designee; and 16 members to be appointed by the chair, 1 of whom shall be a representative of the Association for Behavioral Healthcare, 1 of whom shall be a representative of Blue Cross Blue Shield of Massachusetts, Inc., 1 of whom shall be a representative of the Children’s Mental Health Campaign, 1 of whom shall be a representative from Health Care For All, 1 of whom shall be a representative of the Massachusetts Association for Mental Health, Inc., 1 of whom shall be a representative of Massachusetts Association of Behavioral Health Systems, 1 of whom shall be a representative of the Massachusetts Association of Health Plans, Inc., 1 of whom shall be a representative of the Massachusetts Health and Hospital Association, Inc., 1 of whom shall be a representative of the Massachusetts League of Community Health Centers, 1 of whom shall be from a healthcare consumer organization that advocates on behalf of adults who receive behavioral health care services, 1 of whom shall be from a healthcare consumer organization that advocates on behalf of children who receive behavioral health services, 1 of whom shall be a representative from a behavioral health provider group, 1 of whom shall have expertise in the behavioral health treatment of Black, Indigenous, and People of Color, 1 of whom shall have expertise in the behavioral health treatment of the lesbian, gay, bisexual, transgender, and queer community, 1 of whom shall have expertise in the treatment of individuals with a mental health condition, and 1 of whom shall have expertise in the treatment of individuals with a substance use disorder.
The task force shall make recommendations on the guiding principles and practice specifications by which health care entities are required to meet their annual behavioral health expenditure target, as established by section 9A of chapter 6D of the General Laws. The guiding principles and practice specifications may include, but are not limited to: (i) the adoption and dissemination of practices that promote health; (ii) person-centered and whole person care delivery; (iii) early intervention and urgent care services that mitigate morbidity and mortality risks; (iv) integrated behavioral health and primary care; (v) non-medical supports such a recovery coaches and peer specialists in care transformation efforts; and (vi) emphasis on ambulatory and community-based services.
The task force shall submit a report and recommendations to the clerks of the senate and house of representatives not later than 6 months after passage of this legislation. The executive director of the health policy commission shall also make the report and recommendations publicly available on the commission’s website.
SECTION 12. Subsection (e) of section 16 of chapter 12C of the General Laws shall take effect October 1, 2024.
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An Act relative to reducing administrative burden
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S1249
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SD2231
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-20T13:14:15.87'}
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[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-20T13:14:15.87'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-11T17:51:22.6533333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-07-20T14:58:23.28'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-08-31T13:43:04.1166667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-09-15T15:37:00.9933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1249/DocumentHistoryActions
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Bill
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By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1249) of Cindy F. Friedman for legislation relative to reducing administrative burden. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 18 of chapter 15A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraphs:-
Any qualifying student health insurance plan authorized under this chapter shall adopt utilization review criteria and conduct all utilization review activities under the criteria and in compliance with this section. The criteria shall be, to the maximum extent feasible, scientifically derived and evidence-based, and developed with the input of participating physicians. Utilization review criteria, including detailed preauthorization requirements and clinical review criteria, shall be applied consistently and made easily accessible and up-to-date on a website by the institutions of higher education or any entity that provides or manages health insurance benefits and to the general public in a searchable electronic format; provided, however, that the institutions of higher education or any entity that contracts to provide or manage health insurance benefits shall not be required to disclose licensed, proprietary criteria purchased by a carrier or utilization review organization on its website, but shall disclose the licensed, proprietary criteria relevant to particular treatments and services to students and their dependents and health care providers upon request. If the institution of higher education or an entity with which the institution of higher education contracts to provide or manage health insurance benefits intends either to implement a new preauthorization requirement or restriction or amend an existing requirement or restriction, the new or amended requirement or restriction shall not be implemented unless: (i) the appropriate website has been updated to reflect the new or amended requirement or restriction; (ii) students of the institutions of higher education who are affected, and their dependents, are notified of the changes by electronic means via email and any applicable online member portal, or for those without access to electronic means of communication, by mail; and (iii) the institutions of higher education or entity which that contracts to provide or manage health insurance benefits has processes in place to ensure continuation of any previously approved preauthorizations.
The institutions of higher education or any entity that contracts to provide or manage health insurance benefits under this section shall not retrospectively deny authorization for an admission, procedure, treatment, service, or course of medication when an authorization has already been approved for that service unless the approval was based upon fraudulent information material to the review.
SECTION 2. Chapter 26 of the General Laws, as most recently amended by section 23 of chapter 177 of the acts of 2022, is hereby amended by inserting after section 8M the following section:-
8N. (a) All carriers licensed under chapters 175, 176A, 176B and 176G that provide medical or prescription drug benefits subject to utilization review consistent with section 12 of chapter 176O, or any other entity that manages or administers such benefits for the carrier, including a utilization review organization as defined in section 1 of said chapter 176O, shall report annually, not later than July 1, to the division, in a format prescribed by the division:
(i) a list of all admission, items, services, treatments, procedures, and medications that require prior authorization;
(ii) the number and percentage of standard prior authorization requests that were approved, individualized for each admission, item, service, treatment, procedure, and medication;
(iii) the number and percentage of standard prior authorization requests that were denied, individualized for each admission, item, service, treatment, procedure, and medication;
(iv) the number and percentage of standard prior authorization requests that were initially denied and approved after appeal, individualized for each admission, item, service, treatment, procedure, and medication;
(v) the number and percentage of prior authorization requests for which the timeframe for review was extended, and the request was approved, individualized for each admission, item, service, treatment, procedure, and medication;
(vi) the number and percentage of expedited prior authorization requests that were approved, individualized for each admission, item, service, treatment, procedure, and medication;
(vii) the number and percentage of expedited prior authorization requests that were denied, individualized for each admission, item, service, treatment, procedure, and medication;
(viii) the average and median time that elapsed between the submission of a request and a determination by the payer, plan, or issuer, for standard prior authorizations, individualized for each admission, item, service, treatment, procedure, and medication; and
(ix) the average and median time that elapsed between the submission of a request and a decision by the payer, plan or issuer, for expedited prior authorizations, individualized for each admission, item, service, treatment, procedure, and medication;
(x) the average and median time that elapsed to process an appeal submitted by a health care provider initially denied by the payer, plan, or issuer, for standard prior authorizations, individualized for each admission, item, service, treatment, procedure, and medication; and
(xi) the average and median time that elapsed to process an appeal submitted by a health care provider initially denied by the payer, plan or issuer, for expedited prior authorizations, individualized for each admission, item, service, treatment, procedure, and medication.
(b) Annually, not later than December 1, the commissioner shall submit a summary of the reports, including all data submitted, that the commissioner receives from each carrier, or any other entity that manages or administers such benefits for the carrier, under subsection (a) to the clerks of the senate and house of representatives, the joint committee on health care financing, the center for health information and analysis, and the health policy commission. The commissioner shall make publicly available, through its website or alternative means, the submitted data, including a listing of all items, services, treatments, procedures, or medications subject to prior authorization by each individual carrier. The commissioner shall direct each carrier to make said data available through the carrier’s website.
(c) The division shall promulgate rules and regulations necessary to implement this section.
SECTION 3. Chapter 32A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4B the following section:-
Section 4C. The commission or an entity with which the commission contracts to provide or manage health insurance benefits, shall adopt utilization review criteria and conduct all utilization review activities under the criteria and in compliance with this section. The criteria shall be, to the maximum extent feasible, scientifically derived and evidence-based, and developed with the input of participating physicians. Utilization review criteria, including detailed preauthorization requirements and clinical review criteria, shall be applied consistently and made easily accessible and up-to-date on a website by the commission or any entity with which the commission contracts to provide or manages health insurance benefits and to the general public in a searchable electronic format; provided, however, that the commission or an entity with which the commission contracts to provide or manage health insurance benefits shall not be required to disclose licensed, proprietary criteria purchased by a carrier or utilization review organization on its website, but shall disclose such licensed, proprietary criteria relevant to particular treatments and services to active or retired employees of the commonwealth and their dependents and health care providers upon request. If the commission or an entity with which the commission contracts to provide or manage health insurance benefits intends either to implement a new preauthorization requirement or restriction or amend an existing requirement or restriction, the new or amended requirement or restriction shall not be implemented unless: (i) the appropriate website has been updated to reflect the new or amended requirement or restriction; (ii) active or retired employees of the commonwealth and their dependents who are affected are notified of the changes by electronic means via email and any applicable online member portal, or for those without access to electronic means of communication, by mail; and (iii) the commission or an entity with which the commission contracts to provide or manage health insurance benefits has processes in place to ensure continuation of any previously approved preauthorizations.
The commission or an entity with which the commission contracts to provide or manage health insurance benefits shall not retrospectively deny authorization for an admission, procedure, treatment, service, or course of medication when an authorization has already been approved for that service unless the approval was based upon fraudulent information material to the review.
SECTION 4. Section 24B of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraphs:-
A carrier, as defined in section 1 of chapter 176O, shall be required to pay for health care services ordered by the treating health care provider if: (1) the services are a covered benefit under the insured’s health benefit plan; and (2) the services follow the carrier’s clinical review criteria; provided, however, that a claim for treatment of medically necessary services may not be denied if the treating health care provider follows the carrier’s approved method for securing authorization for a covered service for the insured at the time the service was provided.
A carrier shall not deny payment for a claim for medically necessary covered services on the basis of an administrative or technical defect in the claim except in the case where the carrier has a reasonable basis, supported by specific information available for review, that the claim for health care services rendered was submitted fraudulently. A carrier shall have no more than 1 year after the original payment was received by the health care provider to recoup a full or partial payment for a claim for services rendered, or to adjust a subsequent payment to reflect a recoupment of a full or partial payment. Claims may not be recouped for utilization review purposes if the services were already deemed medically necessary or the manner in which the services were accessed or provided were previously approved by the carrier or its contractor.
SECTION 5. Subsection (a) of section 12 of chapter 176O of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
A carrier or utilization review organization shall adopt utilization review criteria and conduct all utilization review activities under the criteria and in compliance with this section. The criteria shall be, to the maximum extent feasible, scientifically derived and evidence-based, and developed with the input of participating physicians, consistent with the development of medical necessity criteria under section 16. Utilization review criteria, including detailed preauthorization requirements and clinical review criteria, shall be applied consistently by a carrier or a utilization review organization and made easily accessible and up-to-date on a carrier or utilization review organization's website and to the general public in a searchable electronic format; provided, however, that a carrier shall not be required to disclose licensed, proprietary criteria purchased by a carrier or utilization review organization on its website, but shall disclose such licensed, proprietary criteria relevant to particular treatments and services to insureds, prospective insureds and health care providers upon request. If a carrier or utilization review organization intends either to implement a new preauthorization requirement or restriction or amend an existing requirement or restriction, the carrier or utilization review organization shall ensure that the new or amended requirement or restriction shall not be implemented unless: (i) the carrier's or utilization review organization's website has been updated to reflect the new or amended requirement or restriction; (ii) insureds who are affected are notified of the changes by electronic means via email and any applicable online member portal, or for those without access to electronic means of communication, by mail; and (iii) the carrier or utilization review organization has processes in place to ensure continuation of any previously approved preauthorizations.
SECTION 6. Said subsection (a) of said section 12 of said chapter 176O, as so appearing, is hereby further amended by inserting after the third paragraph the following paragraphs:-
A carrier or utilization review organization shall not retrospectively deny authorization for an admission, procedure, treatment, service, or course of medication when an authorization has already been approved for that service unless the approval was based upon fraudulent information material to the review.
A carrier or utilization review organization shall accept and respond to utilization review requests made through secure electronic transmissions, using the mandated standards for prior authorization adopted under the federal Health Insurance Portability and Accountability Act standard electronic transactions for pharmacy and medical services benefits or standards compatible therewith. A carrier or utilization review organization shall adopt and implement an HL7 Fast Healthcare Interoperability Resources Application Programming Interface that would work in combination with or is compatible with the adopted Health Insurance Portability and Accountability Act transaction standard to conduct the prior authorization process, including the National Council for Prescription Drug Programs Telecommunication Standard Implementation Guide Version D.0 for retail pharmacy drugs and the ASC X12N 278 Health Care Service Review Request for Review and Response transactions for medical services benefits.
SECTION 7. Subsection (b) of said section 12 of said chapter 176O of the General Laws, as so appearing, is hereby amended by inserting after the word “information”, in line 38, the following words:-
; provided, however, that if additional delay would result in significant risk to the enrollee’s health or well-being, a carrier or a utilization review organization shall respond not more than 24 hours following the receipt of all necessary information.
SECTION 8. Said section 12 of said chapter 176O, as so appearing, is further amended by adding after subsection (f) the following subsections:-
(g) For an insured member who is stable on a treatment, service or course of medication as determined by a health care provider and approved for coverage by a previous carrier or health benefit plan, a carrier or utilization review organization shall not restrict coverage of such treatment, service, or course of medication for at least 90 days upon the insured member’s enrollment.
(h) Preauthorization approval for a prescribed treatment, service, or course of medication shall be valid for the duration of a prescribed or ordered course of treatment, or at least 1 year.
SECTION 9. Section 25 of said chapter 176O, as so appearing, is hereby amended by striking subsection (e) and inserting in place thereof the following subsection:-
(e) The division, in developing the forms, shall:
(1) ensure that the forms are consistent with existing prior authorization forms established by the federal Centers for Medicare and Medicaid Services; and
(2) consider other national standards pertaining to electronic prior authorization.
SECTION 10. (a) Notwithstanding any general or special law to the contrary, the health policy commission, in collaboration with the center for health information and analysis and the division of insurance, shall conduct an analysis of and issue a report on the use of utilization management tools, including prior authorization, and the effect on patient access to care, administrative burden on health care providers, and system cost. In developing the report, the commission shall consult with members of the Massachusetts Collaborative, the executive office of health and human services, health care providers and payers, and other health care experts as appropriate.
(b) The report shall include, but not be limited to: (i) a review and analysis of the prior authorization data collected by the division of insurance under section 8N of chapter 26 of the General Laws; (ii) total health care expenditures associated with the submission and processing, including appeals, of prior authorization determinations; (iii) an analysis of the impact of prior authorization requirements on patient access to and cost of care by patient demographics, geographic region and type of service; (iv) identification of admissions, items, services, treatments, procedures, and medications subject to prior authorization that have low variation in utilization across providers and carriers or low denial rates across carriers; (v) identification of admissions, items, services, treatments, procedures, and medications subject to prior authorization for certain chronic disease services that negatively impact chronic disease management; (vi) review and analysis of the integration of standardized electronic prior authorization attachments, standardized forms, requirements and decision support into electronic health records and other practice management software to promote transparency and efficiency; and (vii) recommendations regarding the simplification of health insurance prior authorization standards and processes to improve health care access and reduce the burden on health care providers.
(c) The report, along with a suggested plan to implement its recommendations in order to maximize health care access, quality of care and reduction of administrative burden on health care providers, shall be submitted to the chairs of the joint committee on health care financing, the house and senate committees on ways and means, and the commissioner of the division of insurance, not later than 1 year from the effective date of this act.
SECTION 11. Notwithstanding any general or special law to the contrary, the division of insurance shall develop and implement rules, regulations, bulletins or other guidance that prohibit carriers from imposing prior authorization requirements for any generic medication or on all admissions, items, services, treatments, procedures, and medications that have: (i) low variation in utilization across health care providers; (ii) low denial rates across carriers; and (iii) an evidence-base for the treatment or management of certain chronic diseases. In developing the rules, regulations, bulletins or other guidance, the division shall rely on data submitted by the carriers and shall consult with the health policy commission, including the commission’s report and analysis relative to prior authorization required by Section 10 on this act.
SECTION 12. Notwithstanding any general or special law to the contrary, the division of insurance shall develop and implement a comprehensive set of uniform prior authorization forms for different health care services and benefits, as required by section 25 of chapter 176O of the General Laws, not later than 6 months after the effective date of this act.
SECTION 13. The rules and regulations required by subsection (c) of section 8N of chapter 26 of the General Laws shall be promulgated not later than 6 months after the effective date of this act.
SECTION 14. Sections 1, 2, 3, 4, 5, 7, and 8 shall take effect July 1, 2024.
SECTION 15. Section 6 shall take effect January 1, 2026.
SECTION 16. Section 9 shall take effective immediately upon passage.
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An Act providing for diaper changing stations in public buildings and accommodations
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S125
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SD370
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T16:51:36.007'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T16:51:36.0066667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T10:49:25.5'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-03T17:21:29.2333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T09:51:30.4366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S125/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 125) of Rebecca L. Rausch, Steven Owens, Lydia Edwards and James B. Eldridge for legislation to provide for diaper changing stations in public buildings and accommodations. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 143 of the General Laws is hereby amended by inserting after section 100 the following section:-
Section 101. (a) All public buildings shall install and maintain at least one private or semi-private baby diaper changing station accessible to any caretaker regardless of their sex, gender, or disability. All places of public accommodation, resort or amusement, as defined in section 92A of chapter 272, that provide a public bathroom shall install and maintain at least one private or semi-private baby diaper changing station accessible to any caretaker regardless of their sex, gender, or disability.
(b) Signage indicating the location of any baby diaper changing station shall be posted at or near the entrance of a building or place of public accommodation and at or near any station. If there is a central directory identifying, for the benefit of the public, the location of offices, restrooms, and other facilities in the building or public accommodation, that central directory shall indicate the location of any baby diaper changing stations.
c) This section applies to: (1) all public buildings; (2) public accommodations constructed on or after the effective date of this section; and (3) public accommodations existing on or after the effective date of this section which undergo substantial renovation or remodeling. This section shall not apply to public accommodations that are generally restricted in age to those of 13 years or more.
(d) The provisions of this section shall be implemented in compliance with local, state, and federal laws regarding access for persons with disabilities, and with existing fire, health, and safety standards.
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An Act to establish a commission to study substance use disorder and treatment disparities in the minority community
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S1250
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SD302
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-12T18:27:48.92'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-12T18:27:48.92'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1250/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1250) of Adam Gomez for legislation to establish a commission to study substance use disorder and treatment disparities in the minority community. Mental Health, Substance Use and Recovery.
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SECTION 1. Notwithstanding any general or special laws to the contrary, there shall be established a commission to study the disproportionate impact substance use disorders and overdoses have on the minority community of the commonwealth and corresponding disparities in substance use disorder treatment access. The commission shall: (1) review current data and trends regarding substance use and overdose rates, disparities in treatment access, and corresponding causes in the minority community; (2) evaluate the effectiveness of current treatment interventions within minority communities; (3) identify barriers to accessing treatment, including lack of necessary resources, education, access and training to medical needs, and the need for culturally appropriate care and intervention; and (4) recommend evidence-based strategies to reduce overdose deaths and to improve access, treatment, and education in the minority community.
The commission shall consist of the following members or a designee: the secretary of health and human services, who shall serve as chair; the commissioner of the department of public health; a representative of the Bureau of Substance Addiction Services; and 8 members appointed by the governor, 2 of whom shall be representatives from advocacy organizations with expertise in substance use disorders and treatment, 2 of whom shall be representatives from advocacy organizations with expertise in racial disparities in health care, 1 of whom shall be a representative of community health centers located in a culturally diverse location, 1 of whom shall be a provider primarily serving the minority community, 1 of whom shall be an expert in substance use disorder treatment with a focus on the minority community, and 3 of whom shall be representatives of geographically diverse organizations that promote the well-being of culturally diverse populations through culturally competent behavioral health.
The commission shall file its report, including any recommendations, with the clerks of the senate and house of representatives, the joint committee on mental health, substance use and recovery and the house and senate committees on ways and means annually not later than January 1 of each year.
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An Act strengthening prescription drug safety and drug stewardship
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S1251
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SD1163
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-17T20:17:17.3'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-17T20:17:17.3'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1251/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1251) of John F. Keenan for legislation to strengthen prescription drug safety and drug stewardship. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 55 of Chapter 52 of the Acts of 2016, as amended by Chapter 351 of the Acts of 2016, is hereby repealed.
SECTION 2. Section 77 of Chapter 52 of the Acts of 2016 is hereby repealed.
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An Act regarding consistent care for addiction rooted in evidence
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S1252
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SD2018
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-18T21:03:41.673'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-18T21:03:41.6733333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T11:54:22.9066667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T15:09:35.96'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1252/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1252) of John F. Keenan, Ruth B. Balser and Jason M. Lewis for legislation relative to consistent care for addiction rooted in evidence. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 1 of chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Medication-assisted treatment” and replacing it with the following definition:-
“Medication for addiction treatment”, treatment for a substance use disorder or alcohol use disorder that: (i) is determined to be clinically indicated by a qualified addiction specialist; (ii) involves the use of medication that is approved by the federal Food and Drug Administration for treatment of a substance use disorder; and (iii) is offered in accordance with a treatment plan that is reviewed by a qualified addiction specialist at a frequency consistent with appropriate clinical standards. “Medication for addiction treatment” is sometimes referred to as “medication-assisted treatment”, or “MAT”.
SECTION 2. Section 16 of said chapter 127 is amended by striking out in the second paragraph, in lines 13 and 14, the words “who is committed for a term of 30 days’ imprisonment or more.” and inserting in place thereof the following:-
within 24 hours of admission to the facility. Regardless of whether the individual was receiving medication for addiction treatment immediately prior to admission to the facility, the examination shall include an assessment for treatment with medication for addiction treatment.
SECTION 3. Said chapter 127 is further amended by striking out section 17B and replacing it with the following:-
Section 17B. Medication-assisted treatment for substance use conditions for state detainees or prisoners at correctional facilities.
(a) All correctional facilities, jails and houses of correction, in consultation with the commissioner of public health, shall offer all medications for addiction treatment to a detained, committed or incarcerated person, upon the recommendation of a qualified addiction specialist. All correctional facilities, jails and houses of correction shall maintain or provide for the capacity to possess, dispense and administer all medications for addiction treatment; provided, however, that such facilities shall not be required to maintain or provide a medication for addiction treatment that is not also a MassHealth covered benefit.
(b) No detained, committed or incarcerated person shall be denied medication for addiction treatment on the basis of a positive drug screening upon entering custody or at any time during the incarceration, detention or commitment of the person; nor shall any detained, committed or incarcerated person receive a disciplinary infraction for a positive drug screening. The medication for addiction treatment of a detained, committed or incarcerated person shall not be discontinued due to any disciplinary infraction. A detained, committed or incarcerated person may request medication for addiction treatment at any time during the incarceration, detention or commitment of such detained, committed or incarcerated person.
(c) The commissioner and county sheriffs shall ensure that each detained, committed or incarcerated person who was receiving medication for addiction treatment immediately preceding incarceration, detention or commitment continues to have such treatment available as soon as practicable, and in any event within 24 hours of admission to the facility, unless such person voluntarily discontinues the treatment or unless a qualified addiction specialist determines, based on individual medical need, that maintaining the same treatment is no longer clinically indicated. Each detained, committed or incarcerated person shall receive the same dose of the same medication that the person was receiving before incarceration, commitment or detention, unless a qualified addiction specialist determines, based on individual medical need and in consultation with the person, that a change in dose or medication is clinically indicated.
(d) The commissioner and county sheriffs shall ensure that each detained, committed or incarcerated person who was not receiving medication for addiction treatment immediately preceding incarceration, detention or commitment, and for whom medication for addiction treatment is clinically indicated, shall be offered such medication within 24 hours of the assessment required by section 16. The determinations of which medication to prescribe and the dosage shall be made based on individual medical need in consultation with the patient. Detained, committed or incarcerated persons shall be authorized to receive the medication for as long as clinically indicated.
(e) All state and county correctional facilities shall ensure consistent and ongoing access to a qualified addiction specialist by a detained, committed or incarcerated person.
(f) Treatment established under this section shall include behavioral health counseling for individuals diagnosed with substance use disorder or substance use-related needs; provided, however, that counseling services shall be consistent with current therapeutic standards for these therapies in a community setting and shall not be a substitute for medication for addiction treatment. The commissioner and county sheriffs may make such treatment available by directly engaging qualified providers of substance use services, through collaboration with other agencies, and by utilizing volunteers from community recovery programs.
(g) No incentives, rewards or punishments shall be used to encourage or discourage a detained, committed or incarcerated person’s decision to receive or decline medication for addiction treatment, or any particular such medication.
(h) The commissioner of public health may promulgate regulations and guidelines necessary to implement the treatment program under this section.
SECTION 4. Section 17C of said chapter 127 is hereby amended by striking out the first paragraph and replacing it with the following:-
Not later than 120 days prior to the expected discharge date of a person detained, committed or incarcerated in a state prison or county facility, or within a reasonable timeframe if the length of incarceration, detention or commitment is less than 120 days, but in any event no less than 30 days prior to such expected discharge date, a qualified addiction specialist shall establish a medically appropriate re-entry treatment plan for the person. A re-entry treatment plan may include any treatment upon discharge that the qualified addiction specialist shall recommend and deem appropriate, which may include, but shall not be limited to, any medication for addiction treatment. A re-entry treatment plan shall ensure that a detained, committed or incarcerated person is directly connected to an appropriate provider or treatment site in the geographic region in which the person shall reside upon release. A detained, committed or incarcerated person upon release shall receive information regarding treatment facilities in their area, information on available housing and employment resources, and any other information that will assist the individual as they continue their addiction recovery. The commissioner and county sheriffs shall further ensure that, for a person with a re-entry treatment plan under this section, the facility shall request reinstatement or apply for MassHealth benefits for the person at least 30 days prior to release or shall use best efforts to request such reinstatement of or apply for MassHealth benefits or other public assistance for the person within a reasonable timeframe if the person’s sentence, detention or commitment is less than 30 days. Notwithstanding the foregoing, nothing in this section shall authorize a state prison or county facility to extend a person’s sentence, detention or commitment to comply with this section. In the event the expected discharge date of a detained, committed or incarcerated person serving a sentence to a state prison or county facility is less than 30 days following the start date of said detained, committed or incarcerated person’s sentence, detention or commitment, a qualified addiction specialist shall use best efforts to establish a medically appropriate treatment plan for the person prior to the expected discharge date.
SECTION 5. Said chapter 127 is hereby amended by striking out section 17D and replacing it with the following:-
(a) Every six months, on a schedule to be established by the department of public health, the commissioner and the administrator of each county correctional facility shall report, in a format determined by the commissioner of public health, to the commissioner of public health, the house and senate committees on ways and means, the joint committee on mental health, substance use and recovery, the joint committee on public safety and homeland security and the joint committee on the judiciary the following information for the prior six months: (i) at the time of the report, the number of persons in the custody of the facility receiving each medication for addiction treatment, in total and disaggregated by dosage; (ii) the number of persons in the custody of the facility, in any status, who continued to receive the same medication for addiction treatment as they received prior to incarceration, detention or commitment, by medication type; (iii) the number of persons in the custody of the facility, in any status, who discontinued medication for addiction treatment that they received prior to incarceration, detention or commitment by medication type; (iv) the number of persons in the custody of the facility, in any status, who received a different medication for addiction treatment than they received prior to incarceration, detention or commitment, by medication type; (v) the number of persons in the custody of the facility, in any status, who received medication for addiction treatment who did not receive such treatment prior to incarceration, detention or commitment, by medication type; (vi) a summary of facility practices and any changes to those practices related to medication for addiction treatment; (vii) the number of persons who were connected to treatment after release; (viii) the number of nonfatal and fatal overdoses in the facility; (ix) the number of nonfatal and fatal overdoses within 1 year of release from the department of correction and each county facility, provided, however, that the commissioner, the sheriffs, and the commissioner of public health shall coordinate to provide such information; (x) the number of persons who received a re-entry treatment plan under section 17C and were subsequently enrolled in MassHealth upon discharge; provided, however, that the commissioner, the sheriffs, the commissioner of medical assistance and the commissioner of public health shall coordinate to provide such information; and (xi) any other information requested by the commissioner of public health related to the provision of medication for addiction treatment.
(b) Every 2 years, not later than April 30, the commissioner of public health shall prepare a report, pursuant to section 237 of chapter 111, regarding outcomes for the treatment programs established under sections 17B and 17C to the house and senate committees on ways and means, the joint committee on mental health, substance use and recovery, the joint committee on public safety and homeland security and the joint committee on the judiciary. The department of correction and county correctional facilities shall provide, upon request from the commissioner of public health, information necessary to prepare the report. The report shall, to the extent possible, provide a comparison between the detained, committed and incarcerated persons who did not receive medication for addiction treatment and those who did, reported separately for each medication type, in order to determine the impact of the treatment programs on the following: (i) treatment retention after release; (ii) substance use after release; (iii) rates of recidivism; (iv) rates of nonfatal and fatal overdose; and (v) other outcome measures identified by the commissioner of public health.
SECTION 6. As soon as practicable, and in any event within 30 days of passage of this legislation, all state and county correctional facilities shall assess for treatment with medication for addiction treatment all detained, committed or incarcerated persons in their respective institutions who have substance use-related needs but who are not currently receiving medication for addiction treatment. Detained, committed or incarcerated persons for whom such medication is clinically indicated shall be offered such medication within 24 hours of such assessment, and such medication shall be prescribed and provided in a manner consistent with the provisions of section 17B of chapter 127.
SECTION 7. Section 98 of chapter 208 of the acts of 2018 is hereby repealed.
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An Act to remove administrative barriers to behavioral health services
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S1253
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SD2391
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-17T17:04:24.157'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-17T17:04:24.1566667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T16:52:46.5633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T17:11:27.9433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1253/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1253) of John F. Keenan, Adam Scanlon and James B. Eldridge for legislation to remove administrative barriers to behavioral health services. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 17S of chapter 32A of the General Laws, as inserted by Chapter 177 of the acts of 2022, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for medically necessary mental health services within an inpatient psychiatric facility, a community health center, a community behavioral health center, a community mental health center, an outpatient substance use disorder provider, a hospital outpatient department, a community based acute treatment program or an intensive community based acute treatment program and shall not require a preauthorization before obtaining treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan not more than three business days of admission; provided further, that notification shall be limited to patient’s name, facility name, time of admission, diagnosis and initial treatment plan; and, provided further, that services administered prior to notification must be covered. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the member’s medical record.
SECTION 2. Section 10O of chapter 118E of the General Laws, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following new paragraph:-
The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall cover the cost of medically necessary mental health services within an inpatient psychiatric facility, a community health center, a community mental health center, a community behavioral health center, an outpatient substance use disorder provider, a hospital outpatient department, a community based acute treatment program or an intensive community based acute treatment program and shall not require a preauthorization before obtaining treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; provided further, that notification shall be limited to patient’s name, facility name, time of admission, diagnosis and initial treatment plan; and, provided further, that services administered prior to notification must be covered. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the member’s medical record.
SECTION 3. Section 24B of chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:
A carrier, as defined in section 1 of chapter 176O, shall be required to pay for health care services ordered by the treating health care provider if (1) the services are a covered benefit under the insured’s health benefit plan and (2) the services follow the carrier’s clinical review criteria; provided, however, a claim for treatment of medically necessary services may not be denied if the treating health care provider follows the carrier’s approved method for securing authorization for a covered service for the insured at the time the service was provided. A carrier shall have no more than twelve months after the original payment was received by the provider to recoup a full or partial payment for a claim for services rendered, or to adjust a subsequent payment to reflect a recoupment of a full or partial payment; provided, however, a carrier shall not recoup payments more than ninety days after the original payment was received by a provider for services provided to an insured that the carrier deems ineligible for coverage because the insured was retroactively terminated or retroactively disenrolled for services; provided further, that the provider can document that it received verification of an insured’s eligibility status using the carrier's approved method for verifying eligibility at the time service was provided. Claims may also not be recouped for utilization review purposes if the services were already deemed medically necessary or the manner in which the services were accessed or provided were previously approved by the carrier or its contractor. A carrier that seeks to make an adjustment pursuant to this section shall provide the health care provider with written notice that explains in detail the reasons for the recoupment, identifies each previously paid claim for which a recoupment is sought and provides the health care provider with thirty days to challenge the request for recoupment. Such written notice shall be made to the health provider not less than thirty days prior to the seeking of a recoupment or the making of an adjustment.
SECTION 4. Section 47SS of chapter 175 of the General Laws, as inserted by chapter 177 of the acts of 2022, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide coverage for medically necessary mental health services within an inpatient psychiatric facility, a community health center, a community mental health center, a community behavioral health center, an outpatient substance use disorder provider, a hospital outpatient department, a community based acute treatment program or an intensive community based acute treatment program and shall not require a preauthorization before the administration of such treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; provided further, that notification shall be limited to patient’s name, facility name, time of admission, diagnosis and initial treatment plan; and, provided further, that services administered prior to notification must be covered. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record.
SECTION 5. Section 8SS of chapter 176A of the General Laws, as inserted by chapter 177 of the acts of 2022, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) A contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary mental health services within an inpatient psychiatric facility, a community health center, a community mental health center, an outpatient substance use disorder provider, a hospital outpatient department, a community based acute treatment program or an intensive community based acute treatment program and shall not require a preauthorization before the administration of any such treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; provided further, that notification shall be limited to patient’s name, facility name, time of admission, diagnosis and initial treatment plan; and, provided further, that services administered prior to notification must be covered. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record.
SECTION 6. Section 4SS of chapter 176B of the General Laws, as inserted by chapter 177 of the acts of 2022, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) A subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary mental health services within an inpatient psychiatric facility, a community health center, a community mental health center, an outpatient substance use disorder provider, a hospital outpatient department, a community based acute treatment program or an intensive community based acute treatment program and shall not require a preauthorization before obtaining treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; provided further, that notification shall be limited to patient’s name, facility name, time of admission, diagnosis and initial treatment plan; and, provided further, that services administered prior to notification must be covered. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record.
SECTION 7. Section 4KK of chapter 176G of said General Laws, as inserted by chapter 177 of the acts of 2022, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) An individual or group health maintenance contract that is issued or renewed within or without the commonwealth shall provide coverage for medically necessary mental health services within an inpatient psychiatric facility, a community health center, a community mental health center, an outpatient substance use disorder provider, a hospital outpatient department, a community based acute treatment program, or an intensive community based acute treatment program and shall not require a preauthorization before obtaining treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; provided further, that notification shall be limited to patient’s name, facility name, time of admission, diagnosis and initial treatment plan; and, provided further, that services administered prior to notification must be covered. Medical necessity shall be determined by the treating clinician in consultation with the patient and noted in the patient’s medical record.
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An Act to inform prescribers of non-opioid alternative care
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S1254
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SD637
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:16:32.933'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:16:32.9333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1254/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1254) of Edward J. Kennedy for legislation to inform prescribers of non-opioid alternative care. Mental Health, Substance Use and Recovery.
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Chapter 94C Sec 18 (e) of the General Laws is hereby amended by inserting at the end thereof the following: The Boards shall consult with Massachusetts Chiropractic Society during the process of developing the training programs, in order to insure that those programs include education for the prescribers that includes accurate information about chiropractic as an alternative form of care instead of opioids.
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An Act to enhance patient education and informed consent before issuance of opioids
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S1255
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SD638
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-17T15:11:33.93'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-17T15:11:33.93'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1255/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1255) of Edward J. Kennedy for legislation to enhance patient education and informed consent before issuance of opioids. Mental Health, Substance Use and Recovery.
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SECTION 1. MGL 94C sec 18A (b) of the General Laws is hereby amended by adding, in the first sentence after the word “department” the following: and the agreement shall also address alternative forms of care that could be used instead of opioids, specifically including chiropractic. The department shall consult with the Massachusetts Chiropractic Society in developing those guidelines, in order to insure that those guidelines are consistent with CDC guidelines and include the recommendation of CDC that nonpharmacological therapy and non-opioid pharmacologic therapy are preferred for chronic pain including chiropractic.
SECTION 2. MGL 94C Sec 18C of the General Laws is hereby amended by deleting subsection (ii) and adding in its place the following “(ii) inform the patient of the risks, including the percentage of risk of addiction as set forth by the Center for Disease Control, and the expected benefits associated with the opioid prescribed and the risks and benefits of non-opioid and non-pharmacologic therapies, including chiropractic.”
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Resolve to ensure delivery of mental health services to adults with acute mental illness
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S1256
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SD1264
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:18:04.47'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:18:04.47'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1256/DocumentHistoryActions
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Resolve
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By Mr. Kennedy, a petition (accompanied by resolve, Senate, No. 1256) of Edward J. Kennedy that provisions be made for an investigation and study by a special commission (including members of the General Court) to ensure delivery of mental health services to adults with acute mental illness. Mental Health, Substance Use and Recovery.
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Resolved, there shall be a special commission to study the staffing levels and delivery of services for case managers at the Department of Mental Health tasked with serving adults with acute mental illness. The commission shall examine individual sites in terms of number of Department of Mental Health case managers working at each site and their respective average caseload as well as examining the number of adults with acute mental illness who were refused service and the reasons that service was denied. The commission shall examine options for ensuring services for all adults with acute mental illness, and the ability to manage a caseload effectively for each case manager employed by the Department of Mental Health. The commission will also examine the feasibility of reestablishing outpatient clinics as a means of achieving these goals and as a means of reducing the waitlists at community clinics and private practices. The commission shall also examine language accessibility issues and linguistic capacity in the realm of mental health work. One of the goals of the commission will be to study recruitment strategies and develop incentives for people to pursue careers in the mental health field and case work in particular.
The commission shall consist of the Commissioner of the Massachusetts Department of Mental Health, or his/her designee, who shall serve as chair of the special commission; 2 members of the Senate, 1 of whom shall be appointed by the President of the Senate and 1 by the Minority Leader; 2 members of the House, 1 of whom shall be appointed by the Speaker and 1 by the Minority Leader; 2 persons to be appointed by the Governor, 1 of whom should be a former commissioner of the Department of Mental Health or a former senior level staff member of the Department of Mental Health who has at least five years of service; a representative of licensed social workers; a representative of the National Association on Mental Illness; and a representative of an organization specializing in suicide prevention, a university faculty member specializing in clinical psychology. The commission shall convene its first meeting not later than July 1, 2023 and shall file a report along with any recommendations for legislative reform not later than January 31, 2024 with the Clerks of the Senate and House of Representatives, the chairs of the Senate and House committees on Ways and Means, and the chairs of the joint committee on Mental Health.
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An Act relative to requiring insurance providers cover a minimum of 30 days for in-patient substance abuse treatment
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S1257
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SD1553
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-19T14:43:42.18'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-19T14:43:42.18'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1257/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1257) of Edward J. Kennedy for legislation to require insurance providers cover a minimum of 30 days for in-patient substance abuse treatment. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 9 of chapter 258 of the acts of 2014 is hereby amended by striking out, in line 34, the figure “14” and inserting in place thereof the following figure:- 30.
SECTION 2. Section 19 of said chapter 258 is hereby amended by striking out, in line 24, the figure “14” and inserting in place thereof the following figure:- 30.
SECTION 3. Section 21 of said chapter 258 is hereby amended by striking out, in line 35, the figure “14” and inserting in place thereof the following figure:- 30.
SECTION 4. Section 23 of said chapter 258 is hereby amended by striking out, in line 35, the figure “14” and inserting in place thereof the following figure:- 30.
SECTION 5. Section 25 of said chapter 258 is hereby amended by striking out, in line 35, the figure “14” and inserting in place thereof the following figure:- 30.
SECTION 6. Section 27 of said chapter 258 is hereby amended by striking out, in line 32, the figure “14” and inserting in place thereof the following figure:- 30.
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An Act providing appropriate care for certain populations
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S1258
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SD2041
| 193
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{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-20T12:17:18.223'}
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[{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-20T12:17:18.2233333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T15:51:43.1966667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T11:29:56.6933333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T15:16:26.3733333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T09:54:35.43'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-07T13:23:23.2466667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-10T14:24:30.0233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T16:23:32.99'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-13T16:13:48.4533333'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-14T12:33:26.8633333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-28T13:55:51.3233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1258/DocumentHistoryActions
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Bill
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By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 1258) of Robyn K. Kennedy, David Henry Argosky LeBoeuf, Jack Patrick Lewis, Erika Uyterhoeven and other members of the General Court for legislation to provide appropriate care for certain populations. Mental Health, Substance Use and Recovery.
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SECTION 1. Chapter 123 of the General Laws, as appearing in the 2020 Official Edition is hereby amended in section 1 by inserting the following definition:-
“Forensic Unit”, a physically separate unit from other units. These units shall have in place restrictions consistent with those present when an individual is incarcerated. These units shall include appropriate staffing levels to address the needs of the patient population and who have undergone specialized training to work effectively with this patient population. The physical environment of the unit shall be conducive to meeting the needs of the patient population.
SECTION 2. Chapter 123 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by adding at the end of Section 15 the following section:-
(g) any individual admitted to a facility under the conditions described in paragraph (b) or paragraph (e) shall be initially admitted to a forensic unit.
SECTION 3. Chapter 123 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by adding at the end of Section 16 the following section:-
(g) any individual admitted to a facility under the conditions described in paragraph (a), (c) or paragraph (e) shall be initially admitted to a forensic unit.
SECTION 4. Chapter 123 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by adding at the end of Section 18 the following section:-
(e) any individual admitted to a facility under the conditions described in paragraph (a) or paragraph (b) shall be initially admitted to a forensic unit.
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An Act relative to the establishment of and payments into an opioid stewardship fund
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S1259
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SD957
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T17:14:55.957'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-18T17:14:55.9566667'}, {'Id': None, 'Name': 'Marian T. Ryan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T17:14:55.9566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1259/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1259) of Jason M. Lewis and Marian T. Ryan for legislation relative to the establishment of and payments into an opioid stewardship fund. Mental Health, Substance Use and Recovery.
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SECTION 1. Over the past few years across the state we have become all too aware of the prevalence of opioid use disorders. Despite increased public awareness and prevention efforts, all of our communities have been impacted by the ongoing opioid epidemic.
Law enforcement and first responders have had much success reviving people who have overdosed with the use of nasal naloxone. Naloxone has been credited as a significant factor in the decrease in the number of fatal overdoses in the last year in the Commonwealth.
Recognizing the impact that access to this drug has on saving lives, now people across the state can go to a pharmacy and get naloxone. Having access is not enough, however, if-- even with insurance--the cost of the co-pay is prohibitive.
Every overdose death is the loss of someone’s child, someone’s parent, someone’s brother or sister, someone’s friend; and it need not happen. We must work to get naloxone into the hands of everyone who needs it.
SECTION 2: Chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new section 50:
(a) Naloxone Co-Pay Assistance Program.
The department of public health shall establish and promulgate regulations for administration of a Naloxone Co-Pay Assistance Program, a program to improve access to those who seek to obtain naloxone and other medications approved by the United States Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body. The program shall supplement the cost of insurance copayments so that the cost of Naloxone is greatly reduced or free of charge to those who need it.
(b)(1) There shall be established in the Commonwealth a separate trust fund to be known as the Opioid Stewardship Fund to support the Naloxone Co-Pay Assistance Program established in subsection 50(a).
(b)(2) Monies in the Opioid Stewardship Fund shall be kept separate and shall not be commingled with any other monies in the custody of the State Comptroller and the Commissioner of Administration and Finance. The fund shall be maintained by the Commissioner of Public Health or a designee. The monies shall be expended under the direction of the department of public health, without prior appropriation. Any balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not be transferred to any other fund or revert to the General Fund. The Commissioner of Public Health or a designee shall annually report the amount of funds collected and any expenditures made from the fund to the clerks of the house of representatives and senate to be forwarded on to the house and senate committees on ways and means, the house and senate chairs of the joint committee on public health and the house and senate chairs of the joint committee on health care financing.
(b)(3) The Opioid Stewardship Fund shall consist of the opioid stewardship payments made by each manufacturer and distributor as directed in subsection 50(c)(3), monies appropriated for the purpose of such fund, and monies transferred to such fund pursuant to law.
(c)(1) Definitions:
(i) "Opioid stewardship payment" shall mean the total amount to be paid into the Opioid Stewardship Fund for each state fiscal year as set forth in subsection (d)(4);
(ii) "Ratable share" shall mean the individual portion of the opioid stewardship payment to be paid by each manufacturer and distributor registered with the Commissioner of Public Health pursuant to section 7(a) of this chapter or registered with the board of registration in pharmacy pursuant to section 12(a) of this chapter (hereinafter "registrants") that sells or distributes or delivers opioids in the Commonwealth;
(c)(2) Reports and records of Registrants. Annually each registrant shall provide to the Commissioner of Public Health a report detailing all opioids sold or distributed by such manufacturer or distributor in the Commonwealth. Such information shall be reported to the department of public health in such form as designed by the Commissioner, provided however that the initial report provided upon the establishment of the Opioid Stewardship Fund shall report all opioids sold or distributed by the registrant in the Commonwealth for the 2025 calendar year, and must be submitted by August 1, 2026. Subsequent annual reports shall be submitted on April first of each year based on the actual opioid sales and distributions of the prior calendar year.
Such report shall include:
(i) the manufacturer's or distributor's name, address, phone number, federal Drug Enforcement Agency (DEA) registration number and controlled substance registration number issued by the department of public health or board of registration in pharmacy;
(ii) the name, address and DEA registration number of the entity to whom the opioid was sold or distributed;
(iii) the date of the sale or distribution of the opioid;
(iv) the gross receipt total, in dollars, of all opioids sold or distributed;
(v) the name and National Drug Code (NDC) of the opioid sold or distributed;
(vi) the number of containers and the strength and metric quantity of controlled substance in each container of the opioid sold or distributed;
(vii) the total number of morphine milligram equivalents (MMEs) sold or distributed; and
(viii) any other elements as deemed necessary by the commissioner.
For the purpose of such annual reporting, MMEs shall be determined pursuant to a formulation to be issued by the department of public health and updated as the department deems appropriate.
(c)(3) Determination of ratable share. Each registered manufacturer and distributor that sells or distributes opioids in the Commonwealth shall pay a portion of the total opioid stewardship payment amount. The department shall notify the registrant in writing annually on or before October fifteenth of each year of the registrant’s ratable share, based on the report of opioids sold or distributed for the prior calendar year. The ratable share shall be calculated as follows:
(i) The total amount of MMEs sold or distributed in the Commonwealth by the registrant for the preceding calendar year, as reported by the registrant pursuant to subsection (c)(2), shall be divided by the total amount of MME sold or distributed in the Commonwealth by all registrants to determine the registrant payment percentage. The registrant payment percentage shall be multiplied by the total opioid stewardship payment. The product of such calculations shall be the registrant's ratable share. The department of public health shall have the authority to adjust the total number of a registrant's MMEs to account for the nature and use of the product, as well as the type of entity purchasing the product from the registrant, when making such determination and adjust the ratable share accordingly.
(ii) The registrant’s total amount of MME sold or distributed, as well as the total amount of MME sold or distributed by all registrants under this chapter, used in the calculation of the ratable share shall not include the MME of those opioids which are: (a) manufactured in the Commonwealth, but whose final point of delivery or sale is outside of the Commonwealth; (b) sold or distributed to entities certified to operate pursuant to section 5 of chapter 111E, or section 57D of chapter 111; or (c) the MMEs attributable to buprenorphine, methadone or morphine.
(c)(4) Opioid stewardship payment imposed on manufacturers and distributors. All registered manufacturers and distributors that sell or distribute opioids in the Commonwealth shall be required to pay an opioid stewardship payment. On an annual basis, the Commissioner of Public Health shall certify to the State Comptroller the amount of all revenues collected from opioid stewardship payments and any penalties imposed. The amount of revenues so certified shall be deposited quarterly into the opioid stewardship fund established pursuant to subsection 50(b).
(c)(5). Payment of ratable share. The registrant shall make payments of the ratable share quarterly to the department of public health with the first quarter’s due on January 1 following the annual notice as set forth in subsection (d)(3); additional quarterly payments shall be due and owing on the first day of every quarter thereafter.
(c)(6). Rebate of ratable share. In any year for which the Commissioner of Public Health determines that any registrant has failed to make a timely report of required information pursuant to subsection (c)(2), then those registrants who comply by making a timely report pursuant to subsection (c)(2) shall receive a reduced assessment of their ratable share in the following year equal to the amount in excess of any overpayment in the prior year’s payment.
(c)(7). Registrant’s opportunity to appeal. A registrant shall be afforded an opportunity to submit information to the department of public health to justify why the ratable share calculated for the registrant pursuant to subsection (c)(3), or amounts paid thereunder, are in error or otherwise not warranted. If the department determines thereafter that all or a portion of such ratable share, as determined by the Commissioner pursuant to subsection (c)(3), is not warranted, the department may: (a) adjust the ratable share; (b) adjust the assessment of the ratable share in the following year equal to the amount in excess of any overpayment in the prior payment period; or (c) refund amounts paid in error.
(c)(8) Penalties.
(i) The department may assess a civil penalty in an amount not to exceed one thousand dollars per day against any registrant that fails to comply with subsections (d)(2) or (d)(5).
(ii) In addition to any other civil or criminal penalty provided by law, where a registrant has failed to pay its ratable share in accordance with subsection (d)(5), the department may also assess a penalty of no less than ten percent and no greater than three hundred percent of the ratable share due from such registrant.
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An Act relative to mandated reporters of disabled persons abuse
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S126
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SD123
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:42:34.08'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:42:34.08'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S126/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 126) of Bruce E. Tarr for legislation relative to mandated reporters of disabled persons abuse. Children, Families and Persons with Disabilities.
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SECTION 1. Section 1 of Chapter 19C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “police officer”, in the definition of “Mandated reporter”, the following words:- “, firefighter, emergency medical technician,”.
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An Act expanding access to trauma informed care and mental health first aid training
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S1260
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SD754
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T11:01:54.477'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T11:01:54.4766667'}, {'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-10-12T16:03:35.0633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1260/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1260) of Liz Miranda for legislation to expand access to trauma informed care and mental health first aid training. Mental Health, Substance Use and Recovery.
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Chapter 19 of the General Laws is hereby amended by adding the following section:-
Section 26. (a) Subject to appropriation, within the department of mental health, there shall be a center for mental health first aid, in this section hereinafter referred to as the center. The center shall serve as a source for evidence-based mental health and trauma first aid training programs for residents of the commonwealth to educate individuals on how to support others who may be suffering from a mental health condition or trauma, reduce biases against mental illness and allow residents of the commonwealth to more comfortably engage with issues relative to trauma and mental health.
(b) The center shall be funded with revenue from appropriations or other money authorized by the general court and specifically credited to the center, and revenue from private sources including, but not limited to, grants, both state and federal, gifts and donations received by the commonwealth that are specifically credited to the center.
(c) The center shall establish an 8-hour training program that shall teach individuals to: (i) have a greater knowledge of the signs, symptoms and risk factors associated with mental illness, addiction and trauma; (ii) identify the characteristics of trauma’s impact across a lifetime; (iii) identify multiple types of professional and self-help resources for individuals with mental illness or addiction or those suffering from post-traumatic experiences; (iv) help individuals in distress become more confident about the help they provide; and (v) develop increased mental well-being themselves, and diminish any stigma and discomfort they have about mental illness and trauma. The center shall offer regional in-person and virtual training opportunities for individuals and organizations throughout the commonwealth as needed. The training program shall be free for any resident of the commonwealth and shall be offered in multiple languages, as determined by the center.
(d) The center shall publish an annual report including: (i) narrative and statistical information about training demand, delivery, cost and identified service gaps during the prior year; (ii) the effectiveness of the services delivered during the prior year; and (iii) which communities conducted in-person trainings during the prior year. The center shall submit the annual report not later than February 1 to the governor, the secretary of health and human services, the commissioner of mental health, the clerks of the house of representatives and the senate and the joint committee on mental health, substance abuse and recovery.
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An Act to expand equitable perinatal mental health services
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S1261
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SD1736
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T20:13:00.283'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T20:13:00.2833333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-07T13:09:17.7'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-08T13:42:05.3933333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T13:08:46.2366667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T13:08:41.7033333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T13:42:05.3933333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-13T11:51:49.5066667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-21T15:17:02.28'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-21T16:22:33.4966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-03-02T10:04:41.5966667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-02T10:04:41.5966667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-02T13:56:53.8966667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-03-02T13:56:53.8966667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-06T14:28:37.5033333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-03-08T12:02:04.9266667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-15T13:21:46.96'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T15:22:45.3433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T09:51:07.7833333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-07-11T11:55:36.91'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-09-27T11:12:49.3033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1261/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1261) of Liz Miranda, Sal N. DiDomenico, Jason M. Lewis, Lindsay N. Sabadosa and other members of the General Court for legislation to expand equitable perinatal mental health services. Mental Health, Substance Use and Recovery.
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Section 1. Chapter 6A of the General Laws is hereby amended by inserting after section 16CC the following section:-
Section 16DD. (a) As used in this section, the following words shall have the following meanings:-
“Health professional shortage area”, a specific geographic area, specific population group or specific facility federally designated as having a critical shortage of primary, dental, or mental health care providers.
“Medically underserved populations”, federally designated populations that have too few primary care providers, high infant mortality, high poverty or high elderly population.
“Mental or behavioral health care provider”, a health care provider in the field of mental or behavioral health, including substance use disorders, acting in accordance with the laws of the commonwealth.
“Perinatal”, the period of time from pregnancy up until one year following birth.
“Perinatal healthcare desert”, a region where the population has inadequate access to
perinatal healthcare.
“Perinatal mental and behavioral health care workforce”, mental or behavioral health care providers who focus on perinatal health in biological parents, birthing persons, adoptive parents, foster parents, and any other individuals involved in the gestation, birth, and custodial care of an infant.
“Secretary”, the secretary of health and human services.
(b) The secretary may award grants to entities to establish or expand programs to grow and diversify the perinatal mental and behavioral health care workforce.
(c) Recipients of grants under this section shall use the grants to grow and diversify the perinatal mental and behavioral health care workforce by:
(1) establishing schools or programs that provide education and training to individuals seeking appropriate licensing or certification as mental or behavioral health care providers who will specialize in perinatal mental health conditions or substance use disorders; or
(2) expanding the capacity of existing schools or programs described in paragraph (1) of this subsection, for the purposes of increasing the number of students enrolled in those schools or programs, including by awarding scholarships for students.
(d) In awarding grants under this section, the secretary shall give priority to any entity that:
(1) has demonstrated a commitment to recruiting and retaining students and faculty from medically underserved populations or perinatal health care deserts;
(2) has developed a strategy to recruit and retain a diverse pool of students into the perinatal mental and behavioral health care workforce program or school supported by funds received through the grant, particularly from medically underserved populations;
(3) has developed a strategy to recruit and retain students who plan to practice in a health professional shortage area;
(4) has developed a strategy to recruit and retain students who plan to practice in an area with significant racial, ethnic and rural disparities in perinatal health outcomes, to the extent practicable;
(5) includes in the standard curriculum for all students within the perinatal mental and behavioral health care workforce program or school a bias, racism or discrimination training program that includes training on implicit bias and racism; or
(6) is operated by or employs providers with past lived-experience with perinatal mental health conditions or substance use disorders.
(e) The period of a grant awarded to an entity under this section shall be up to 5 years.
(f) To seek a grant under this section, an entity shall submit to the secretary an application at such time, in such manner and containing such information as the secretary may require.
(g) The secretary shall provide, directly or by contract, technical assistance to entities seeking or receiving a grant under this section on the development, use, evaluation and post grant period sustainability of the perinatal mental and behavioral health care workforce programs or schools proposed, established or expanded through the grant. The secretary shall advertise or promote technical assistance for potentially eligible programs to raise awareness about the grants and the technical assistance, particularly to encourage small providers to apply.
(h) The secretary shall collaborate with the executive office of labor and workforce development to develop perinatal mental and behavioral health care workforce standards to measure the efficacy of grants awarded pursuant to this section.
(i) As a condition of receipt of a grant under this section for a perinatal mental and behavioral health care workforce program or school, a recipient of funds shall agree to submit to the secretary an annual report on the activities conducted through the grant. The report shall include:
(1) the number and demographics of students participating in the program or school;
(2) the extent to which students in the program or school are entering careers in health professional shortage areas designated by the commonwealth, areas with significant racial and ethnic disparities in perinatal health outcomes and perinatal health care deserts to the extent such data are available; and
(3) whether the program or school has included in the standard curriculum for all students a bias, racism or discrimination training program that includes training on implicit bias and racism, and if so data on perinatal mental and behavioral health care outcomes for patients belonging to medically underserved populations who receive treatment from such students.
(j) Not later than 4 years after the date of enactment of this section, the secretary shall
prepare and submit to the governor, the clerks of the house of representatives and the senate, and make publicly available on the department’s website a report on the effectiveness of the grant program under this section, including information about:
(1) recruiting students from medically underserved populations;
(2) increasing the number of mental or behavioral health care providers specializing in perinatal mental health conditions or substance use disorders from medically underserved populations;
(3) increasing the number of mental or behavioral health care providers specializing in perinatal mental health conditions or substance use disorders working in health professional shortage areas; and
(4) increasing the number of mental or behavioral health care providers specializing in perinatal mental health conditions or substance use disorders working in areas with significant racial and ethnic disparities in perinatal health outcomes, as well as perinatal health care deserts and rural areas, to the extent such data are available.
(5) supporting and increasing the number of providers with past lived-experience with perinatal mental health conditions or substance use disorders.
Section 2. Chapter 6A of the General Laws is hereby amended by inserting after section 16DD the following section:-
Section 16EE. (a) As used in this section, the following words shall have the following meanings:
“Culturally congruent care”, care that is in agreement with the preferred cultural values, beliefs, worldview, language and practices of the health care consumer.
“Eligible entity”, a: (1) community-based organization serving perinatal individuals, including organizations serving individuals from medically underserved populations and other underserved populations; (2) non-profit or patient advocacy organization with expertise in mental and behavioral health of perinatal individuals; (3) maternity care provider; (4) mental or behavioral health care provider who treats mental health conditions or substance use disorders in perinatal individuals; (5) public health agencies, including the department of public health or a local public health department; (6) federally recognized Indian tribe or tribal organization; (7) non-profit organizations with expertise in early relational health; (8) non-profit or community organizations serving perinatal individuals experiencing pregnancy or infant loss; or (9) public health agencies or non-profit or community organizations providing home visiting services for perinatal individuals; or (10) domestic violence shelter.
“Freestanding birth center”, a health facility: (1) that is not a hospital; (2) where childbirth is planned to occur away from the pregnant person’s residence; (3) that is licensed or otherwise approved by the commonwealth to provide prenatal labor and delivery or postpartum care; and (4) that complies with other requirements established by the commonwealth relating to the health and safety of individuals provided services by the facility.
“Maternity care provider”, a health care provider who: (1) is a physician, physician assistant, certified nurse-midwife, nurse practitioner or clinical nurse specialist; and (2) has a focus on maternal or perinatal health.
“Medically underserved populations”, federally designated populations that have too few primary care providers, high infant mortality, high poverty or high elderly population.
“Mental or behavioral health care provider”, a health care provider in the field of mental or behavioral health, including substance use disorders, acting in accordance with the laws of the commonwealth.
“Perinatal”, the period of time from pregnancy up until one year following birth.
“Perinatal individuals”, biological parents, birthing persons, adoptive parents, foster parents, and any other individuals involved in the gestation, birth, and custodial care of an infant.
“Secretary”, the secretary of health and human services.
(b) The secretary shall establish a program to award grants to eligible entities to address mental health conditions and substance use disorders with respect to perinatal individuals, with a focus on medically underserved populations.
(c) To receive a grant under this section an eligible entity shall submit to the secretary an application at such time, in such manner and containing such information as the secretary may require, including how the entity will use funds for activities described in subsection (e) that are culturally congruent.
(d) In awarding grants under this section, the secretary shall give priority to an eligible entity that:
(1) is partnering, or will partner, with a community-based organization to address mental health conditions or substance use disorders in perinatal individuals described in subsection (a); and
(2) is operating in an area with high rates of adverse perinatal health outcomes or significant racial or ethnic disparities in perinatal health outcomes.
(e) An eligible entity that receives a grant under this section shall use funds for the following:
(1) establishing or expanding maternity care programs to improve the integration of perinatal mental health and behavioral health care services into primary care settings where perinatal individuals regularly receive health care services;
(2) establishing or expanding group prenatal care programs or postpartum care programs; (3) expanding existing programs that improve mental health and behavioral health for perinatal individuals, with a focus on perinatal individuals from medically underserved populations;
(4) providing services and support for perinatal individuals with perinatal mental health conditions and substance use disorders, including referrals to addiction treatment centers that offer evidence-based treatment options;
(5) addressing stigma associated with perinatal mental health conditions and substance use disorders, with a focus on medically underserved populations;
(6) raising awareness of warning signs of perinatal mental health conditions and substance use disorders, with a focus on perinatal individuals from medically underserved populations;
(7) establishing or expanding programs to prevent suicide or self-harm among perinatal individuals;
(8) offering evidence-aligned programs at freestanding birth centers that provide perinatal mental and behavioral health care education, treatments, and services, and other services for perinatal individuals;
(9) establishing or expanding programs to provide education and training to maternity care providers with respect to identifying potential warning signs for mental health conditions or substance use disorders in perinatal individuals, with a focus on individuals from medically underserved populations. In the case where such providers identify such warning signs, offering referrals to mental or behavioral health care professionals;
(10) publicizing information about health care providers who treat perinatal mental health conditions and substance use disorders;
(11) establishing or expanding programs in communities to improve coordination between maternity care providers and perinatal mental or behavioral health care providers who treat mental health conditions and substance use disorders in perinatal individuals, including through the use of toll-free hotlines;
(12) establishing or expanding programs with services for individuals suffering pregnancy or infant loss;
(13) establishing or expanding programs with services to address the perinatal risks of domestic violence;
(14) establishing or expanding programs that provide home visits to address perinatal mental health conditions and substance use disorders;
(15) establishing or expanding programs that improve early relational health;
(16) carrying out other programs aligned with evidence-based practices for addressing mental health conditions and substance use disorders for perinatal individuals, with a focus on medically underserved populations; or
(17) other similar programs.
(f) The period of a grant awarded to an entity under this section shall be up to 5 years. .
(g) The secretary shall provide, directly or by contract, technical assistance to entities seeking or receiving a grant under this section on the development, use, evaluation and post-grant period sustainability of the program proposed, established or expanded through the grant. The secretary shall advertise or promote technical assistance for potentially eligible programs to raise awareness about the grants and the technical assistance, particularly to encourage small providers to apply.
(h) An eligible entity that receives a grant under this section shall submit annually to the secretary, and make publicly available, a report on the activities conducted using funds received through a grant under this section. Such reports shall include quantitative and qualitative evaluations of such activities, including the experience of perinatal individuals who received health care through such grant.
(i) Not later than the end of each fiscal year that grants are awarded, the secretary shall submit to the governor, the clerks of the house of representatives and the senate, and make publicly available on the department’s website a report that includes:
(1) a summary of the reports received under subsection (h);
(2) an evaluation of the effectiveness of grants awarded under this section;
(3) recommendations with respect to expanding coverage of evidence-based screenings and treatments for perinatal mental health conditions and substance use disorders; and
(4) recommendations with respect to ensuring activities described under subsection (e) continue after the end of a grant period.
Section 3. The executive office of health and human services in consultation with the executive office of labor and workforce development shall promulgate regulations for the implementation of sections 16DD and 16EE within 90 days of enactment.
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An Act relative to recovery housing in environmental justice communities
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S1262
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SD1948
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T11:01:37.663'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T11:01:37.6633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1262/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1262) of Liz Miranda for legislation relative to recovery housing in environmental justice communities. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 18A of chapter 17 of the General Laws is hereby repealed.
SECTION 2. Chapter 17 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 18A the following section:-
Section 18B. (a) The following terms shall, unless the context clearly requires otherwise, have the following meanings:-
“Accredited housing”, recovery housing that has been accredited by the bureau pursuant to section 18A.
“Bureau”, the bureau of substance addiction services established in section 18.
“Director”, the director of substance addiction services.
“Impacted community”, a neighborhood that meets 1 or more of the following criteria: (i) the annual median household income is not more than 65 per cent of the statewide annual median household income; (ii) minorities comprise 40 per cent or more of the population; (iii) 25 per cent or more of households lack English language proficiency; (iv) minorities comprise 25 per cent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 per cent of the statewide annual median household income; or (v) the neighborhood contains more than 1 accredited housing or recovery housing building; provided, however, that for a neighborhood that does not meet said criteria, but a geographic portion of that neighborhood meets at least 1 criterion, the bureau may designate that geographic portion as an impacted community upon the petition of at least 10 residents of the geographic portion of that neighborhood meeting any such criteria; provided further, that the bureau may determine that a neighborhood, including any geographic portion thereof, shall not be designated an impacted community upon finding that: (A) the annual median household income of that neighborhood is greater than 125 per cent of the statewide median household income; (B) a majority of persons age 25 and older in that neighborhood have a college education; (C) the neighborhood does not bear an unfair burden of accredited or recovery housing; and (D) the neighborhood has reasonable access to health and human service support systems for accredited or recovery housing.
“Operator”, the lawful owner or lessor of accredited or recovery housing or a person employed and designated by the owner to have primary responsibility for the daily operation of such housing and for maintaining standards and conditions in such housing that create an environment supportive of substance use disorder recovery.
“Recovery housing”, a residence, commonly known as a sober home, that provides or advertises as providing, an alcohol and drug free environment for people recovering from substance use disorders; provided, however, that, “Recovery housing” shall not include a halfway house, treatment unit or detoxification facility or any other facility licensed pursuant to section 7 of chapter 111E.
(b)(1) The bureau shall determine the regional need for recovery housing throughout the commonwealth. The bureau shall conduct a survey of the total statewide capacity of current voluntary accredited housing pursuant to section 18A and any other housing meeting the definition of recovery housing, including:
(i) locations of accredited housing and recovery housing by city, town and census block;
(ii) the number of occupants in each home; and
(iii) any municipal zoning, land use by-law or ordinance, or other restrictions on occupancy for such housing.
(2) Upon review of the regional need for, and distribution of, accredited housing and recovery housing across the commonwealth, the bureau may, upon application of an operator pursuant to this section issue a determination of need permit to operate recovery housing in the commonwealth; provided however, that the bureau shall not issue a permit to locate recovery housing in an impacted community.
(3) All residences that provide alcohol and drug free housing, or advertise as alcohol and drug free housing, shall apply for a determination of need permit from the bureau of substance addiction services.
(4) An operator may apply for a permit for recovery housing, notwithstanding any local zoning by-law, ordinance or law to the contrary to the requirements of this section. Section 3 of chapter 40A shall not apply to any such permit.
(d) An operator shall submit a permit application to the director that provides the following information:
(i) the location of the recovery housing;
(ii) the name, address, phone number and driver's license number of the operator;
(ii) the name, address, phone number and driver's license number of the house manager of the recovery housing;
(iii) a copy of the recovery housing’s rules and regulations;
(iv) written intake procedures;
(v) the relapse policy;
(vi) an affirmation by the operator that only residents, other than the house manager, who are persons with a disability as defined by state and federal law shall reside at the recovery housing;
(vii) blank copies of all forms that all residents and potential residents are required to complete;
(viii) the fee for the cost of processing of the application as annually determined by the secretary of administration and finance pursuant to section 3B of chapter 7.
(e) A determination of need permit may be issued where the recovery housing is located in a non-impacted neighborhood and the recovery housing is at least 1,000 feet from any property that operates recovery housing or similar home or facility as measured from the property line.
(f) An operator's permit shall not be valid for a location other than the property for which it is issued, unless and until the transfer of the permit is approved by the bureau.
(g) An operator's permit shall not be transferred to any other person or entity. No operator's permit issued pursuant to this section shall be transferred or assigned or authorize any person or entity other than the person or entity named in the permit to operate the recovery housing named therein.
(h) An operator's permit may be revoked upon a hearing by the bureau for failing to comply with the terms of the permit or for failing to comply with this section or any regulations promulgated thereto. An operator aggrieved of a permit revocation may appeal such revocation, which shall be heard in the superior court division of the trial court department in which the recovery housing is located, whose decision shall be final.
(i)(1) An applicant for an operator's permit whose application for such a permit has been denied may not reapply for a permit for a period of 6 months from the date such notice of denial was issued.
(2) A holder of a permit that has been canceled, revoked or otherwise invalidated may not reapply for a permit for a period of 6 months from the date that such cancellation, revocation or invalidation became final.
(j) The bureau shall promulgate regulations to implement the provisions of this section.
SECTION 3. The bureau shall begin accepting applications pursuant to section 18B of chapter 17 of the General Laws not later than 120 days after the effective date of this act. Any operator of recovery housing in existence on the effective date of this act shall apply for a permit pursuant to said section 18b of said chapter 17 not later than June 30, 2024. Any other entity seeking to operate recovery housing shall receive a permit pursuant to section 18B of chapter 17 prior to operating such housing.
SECTION 4. The bureau of substance addiction services shall promulgate regulations to implement section 18B of chapter 17 of the General Laws within 90 days of the passage of this act.
SECTION 5. Section 1 shall take effect on June 30, 2024.
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An Act regulating the safe use of psilocybin
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S1263
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SD1759
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T16:41:04.35'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T16:41:04.35'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1263/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 1263) of Susan L. Moran for legislation to regulate the safe use of psilocybin. Mental Health, Substance Use and Recovery.
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SECTION 1. The General Laws are hereby amended by inserting, after Chapter 94I, the following chapter:-
CHAPTER 94J. PSILOCYBIN TREATMENT PROGRAM
Section 1. Definitions
For the purposes of this chapter, the following words shall have the following definitions:
“Approved treatment site”, means the location where a qualified applicant that has been selected under subsection (e) of this section as a provider of psilocybin-assisted therapy under the pilot program established pursuant to subsection (b) of this section will provide such therapy.
“Bureau”, the bureau of substance use addiction services.
“Department”, the department of mental health.
“Psilocybin”, a serotonin receptor agonist that occurs naturally in some mushroom species.
"Qualified applicant", a provider of mental or behavioral health services that has received approval from the federal Food and Drug Administration as an approved treatment site with an expanded access protocol that allows the provider access to an investigational drug for treatment use, including emergency use, pursuant to 21 CFR 312, as amended from time to time.
"Qualified patient", a resident of the commonwealth who is suffering from a mental health or substance use disorder.
Section 2. Psilocybin-assisted therapy pilot program
There shall be a psilocybin-assisted therapy pilot program operated by the bureau of substance use addiction services to provide qualified patients with the funding necessary to receive psilocybin-assisted therapy as part of any expanded access program approved by the federal Food and Drug Administration pursuant to 21 CFR 312, and located within the commonwealth. The bureau shall cease to operate the pilot program when psilocybin has been approved to have a medical use by the federal Drug Enforcement Administration, or any successor agency.
Section 3. Qualified Patients for Approved Treatment Sites Fund
There is hereby established a Qualified Patients for Approved Treatment Sites Fund administered by the bureau of substance use addiction services. The fund shall consist of amounts credited to the fund from any appropriations, grants, gifts or other money authorized by the general court or other parties and specifically designated to be credited to the fund and any income derived from the investment of amounts credited to the fund. Any unexpended balance in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year. The fund shall be used, without further appropriation, for grants to qualified applicants to provide psilocybin-assisted therapy to qualified patients under the pilot program established in section 2 of this chapter.
Section 4. Psilocybin Treatment Advisory Board
There is hereby established a Psilocybin Treatment and Advisory Board within the department of mental health.
The board shall consist of the following members: the secretary of health and human services or a designee, the secretary of public safety and security or a designee, the director of the department of mental health or a designee, the director of the bureau of substance use and addiction services, a representative from a licensed substance abuse rehabilitation program in the commonwealth appointed by the governor, a member appointed by the president of the Senate, and a member appointed by the speaker of the house of representatives.
The board shall advise the department and the legislature on the design and development of the regulations, infrastructure, or legislation necessary to safely allow for therapeutic access to psilocybin-assisted therapy upon the legalization of psilocybin. In advising the department and legislature under this subsection, the board shall:
(a) report on the data from the psilocybin-assisted therapy pilot program established under section 2 of this chapter to inform the development of such regulations;
(b) compile the necessary education, training, licensing and credentialing of therapists and facilitators, patient safety, harm reduction, the establishment of equity measures in both clinical and therapeutic settings, cost and insurance reimbursement considerations and standards of treatment facilities;
(c) examine the use of group therapy and other therapy options to reduce cost and maximize public health benefits from psilocybin treatments;
(d) monitor federal regulations and guidelines for referral and consideration by the state agencies of cognizance for implementation of such regulations and guidelines;
(e) develop a long-term strategic plan to improve mental health care through the use of psilocybin treatment;
(f) recommend equity measures for clinical subject recruitment and facilitator training recruitment;
(g) assist with the development of public awareness and education campaigns and;
(h) comply with any other mandates from the legislature of bureau of substance abuse addiction services.
The board may establish committees and subcommittees necessary for the operation of the board.
Annually, the board shall compile a report of its findings from its charges detailed above, including but not limited to the current status of federal regulations and guidelines surrounding the use of psilocybin, and progress on development of the long-term strategic plan. The report shall be transmitted to all members of the Psilocybin Treatment Advisory Board, and the clerks of the senate and house of representatives.
SECTION 2. This act shall take effect upon its passage.
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An Act establishing a special commission to study the prevention of heroin trafficking
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S1264
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SD491
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:39:55.077'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:39:55.0766667'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1264) of Patrick M. O'Connor for legislation to establish a special commission to study the prevention of heroin trafficking. Mental Health, Substance Use and Recovery.
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Notwithstanding any special or general law there shall be a special commission to study the trafficking of heroin into and within the Commonwealth to develop recommendations on actions to prevent such trafficking in the future including, but not limited to legislative recommendations and policing recommendations.
The special commission shall consist of: the secretary of health and human services, or their designee; three members to be appointed by the governor, which shall include: one person who is a police officer specializing in opiates, one person who is a stakeholder within a retail pharmacy company, and one member of the general citizenry impacted by the opiate epidemic; two members of the House of Representatives, one of whom to be appointed by the Speaker of the House of Representatives, and the other to be appointed by the minority leader; two members of the Senate, one of whom to be appointed by the President of the Senate, and the other to be appointed by the minority leader; the director of the bureau of substance abuse services or their designee; provided, however, that the first meeting of the commission shall take place not later than December 1, 2023.
The special commission shall submit its recommendations, together with drafts of any legislation, to the clerks of the House of Representatives and the Senate, the chairs of the joint committee on mental health and substance abuse not later than December 1, 2024.
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An Act to increase substance use prevention and awareness and reduce overdose abandonment
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S1265
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SD492
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:40:29.04'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:40:29.04'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-21T11:14:32.79'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1265/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1265) of Patrick M. O'Connor for legislation to increase substance use prevention and awareness and reduce overdose abandonment. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 96 of Chapter 71 of the General Laws is hereby amended by inserting after the second paragraph the following:-
Each public school’s substance use prevention policy shall include plans to educate and inform students with particular attention to:
(1) the dangers of addictive substance use generally, and especially of opioids, and the repercussions thereof, and
(2) the immunities granted under section 34A of chapter 94C of the general laws to encourage the reporting of overdoses.
Schools may employ useful methods based on successful models used in other districts. Schools may assess the effectiveness of their measures, share successful approaches with others, and work for more effective substance use education in collaboration with the department of public health and the department of elementary and secondary education.
SECTION 2. This act shall go into effect immediately upon its passage.
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An Act relative to PANDAS/PANS
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S1266
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SD2236
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T14:27:05.66'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T14:27:05.66'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-24T10:40:28.5933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1266/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1266) of Patrick M. O'Connor and Jason M. Lewis for legislation relative to PANDAS/PANS. Mental Health, Substance Use and Recovery.
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(a) Notwithstanding any special or general law to the contrary, the Department of Mental Health, in conjunction with the Department of Education shall conduct a study of pediatric and adolescent psychiatric hospital settings and therapeutic day schools to determine if any children within these settings have root causes in missed or known neuroimmune issues or pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome.
(b) In conducting the study, the Department of Mental Health and Department of Education shall use established clinical criteria developed by the PANS/PANDAS Consortium available through the PANDAS Physicians Network, and other experts specializing in the treatment and diagnosis of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome. The Departments shall interview children and families who had previously been misdiagnosed and subsequently found to have pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome while they were accessing support through the Department of Mental Health. Further, the departments shall consult with the Department of Public Health’s PANDAS/PANS Advisory Council and professionals in pediatric and adolescent psychiatric hospital settings and therapeutic day schools.
(c) The findings of the study shall include, but no limited to, the following:
(i) Identify the prevalence of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome in pediatric and adolescent psychiatric hospital settings and therapeutic day schools.
(ii) Report outcomes of interviewed children & families who had been previously misdiagnosed and subsequently found to have pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome.
(d) By December 31, 2023, the Department of Mental Health and the Department of Education shall report the findings of the study to the Joint Committee on Public Health, the Joint Committee on Mental Health and Substance Use and Recovery, the Department of Public Health, the PANDAS/PANS Advisory Council and the Clerk of the Senate and Clerk of the House of Representatives.
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An Act expanding access to mental health services
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S1267
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SD1799
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T00:38:58.007'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T00:38:58.0066667'}]
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1267) of Jacob R. Oliveira for legislation to expand access to mental health services. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 17S of chapter 32A of the General Laws, as inserted by chapter 177 of the Acts of 2022, is hereby amended by striking subsection (b) and inserting in place thereof the following subsection:-
(b) The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for medically necessary mental health acute treatment, community-based acute treatment and intensive community-based acute treatment and shall not require a preauthorization before obtaining treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; and provided further that services administered prior to notification must be covered. Notification shall be limited to patient’s name, facility name, time of admission, diagnosis, and initial treatment plan.
SECTION 2. Section 25C ½ of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (a)(4) the following subsection:-
(5) A health facility if the facility plans to make a capital expenditure for the development of acute psychiatric services including, inpatient, community based acute treatment, intensive community based acute treatment, partial hospitalization program, and crisis stabilization services; provided that the health facility demonstrates the need for a license from the department of mental health pursuant to paragraph c of section 19 of chapter 19 of the general laws, as so appearing.
SECTION 3. Section 51 ½ of Chapter 111 of the General Laws, as so appearing, is hereby amended by striking out the definition of “licensed mental health professional” and inserting in place thereof the following:-
“Licensed mental health professional”, a: (i) licensed physician who specializes in the practice of psychiatry or addiction medicine; (ii) licensed psychologist; (iii) licensed independent clinical social worker; (iv) licensed certified social worker; (v) licensed mental health counselor; (vi) licensed mental health counselor; (vii) licensed physician assistant who practices in the field of psychiatry or addiction medicine; (viii) licensed psychiatric clinical nurse specialist; (ix) licensed psychiatric mental health nurse practitioner; (x) certified addictions registered nurse; (xi) licensed alcohol and drug counselor I as defined in section 1 of chapter 111J;(xii) healthcare provider, as defined in section 1, qualified within the scope of the individual's license to perform substance use disorder evaluations, including an intern, resident or fellow pursuant to the policies and practices of the hospital and medical staff; (xiv) other licensed master’s level mental health clinician, including but not limited to licensed alcohol and drug counselor and licensed marriage and family therapist; or (xv) individuals with a master’s degree in a clinical behavioral health practice pursuing licensure post master’s under the supervision of an appropriately licensed and credentialed clinician.
SECTION 4. Section 51 ¾ of Chapter 111 of the General Laws, as inserted by Chapter 177 of the Acts of 2022, is hereby amended by striking out the second sentence and replacing it with the following sentence:
The regulations shall define “licensed mental health professional”, which shall include, but not be limited to, a: (i) licensed physician who specializes in the practice of psychiatry or addiction medicine; (ii) licensed psychologist; (iii) licensed independent clinical social worker; (iv) licensed certified social worker; (v) licensed mental health counselor; (vi) licensed supervised mental health counselor; (vii) licensed physician assistant who practices in the field of psychiatry; (viii) licensed psychiatric clinical nurse specialist; (ix) licensed psychiatric mental health nurse practitioner; (x) healthcare provider, as defined in section 1, qualified within the scope of the individual's license to conduct an evaluation of a mental health condition, including an intern, resident or fellow pursuant to the policies and practices of the hospital and medical staff; (xi) other licensed master’s level mental health clinician, including but not limited to licensed alcohol and drug counselor and licensed marriage and family therapist; or (x) individuals with a master’s degree in a clinical behavioral health practice pursuing licensure post master’s under the supervision of an appropriately licensed and credentialed clinician.
SECTION 5. Section 10O of chapter 118E of the General Laws, as inserted by chapter 177 of the acts of 2022, is hereby amended by striking out the last paragraph and inserting in place thereof the following new paragraph:-
The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan shall cover the cost of medically necessary mental health acute treatment, community-based acute treatment and intensive community-based acute treatment and shall not require a preauthorization before obtaining treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; provided further that notification shall be limited to patient’s name, facility name, time of admission, diagnosis, and initial treatment plan; and provided further that services administered prior to notification must be covered.
SECTION 6. Chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 12, and inserting in place thereof the following section:-
Section 12. (a) A physician who is licensed pursuant to section 2 of chapter 112, an advanced practice registered nurse authorized to practice as such under regulations promulgated pursuant to section 80B of said chapter 112, a qualified psychologist licensed pursuant to sections 118 to 129, inclusive, of said chapter 112 or a licensed independent clinical social worker licensed pursuant to sections 130 to 137, inclusive, of said chapter 112 or a qualified physician assistant licensed pursuant to section 9(e) of chapter 112, who, after examining a person, has reason to believe that failure to hospitalize such person would create a likelihood of serious harm by reason of mental illness may restrain or authorize the restraint of such person and apply for the hospitalization of such person for a 3-day period at a public facility or at a private facility authorized for such purposes by the department. If an examination is not possible because of the emergency nature of the case and because of the refusal of the person to consent to such examination, the physician, qualified psychologist, qualified advanced practice registered nurse, qualified physician assistant, or licensed independent clinical social worker on the basis of the facts and circumstances may determine that hospitalization is necessary and may therefore apply. In an emergency situation, if a physician, qualified psychologist, qualified advanced practice registered nurse, qualified physician assistant or licensed independent clinical social worker is not available, a police officer who believes that failure to hospitalize a person would create a likelihood of serious harm by reason of mental illness may restrain such person and apply for the hospitalization of such person for a 3-day period at a public facility or a private facility authorized for such purpose by the department. An application for hospitalization shall state the reasons for the restraint of such person and any other relevant information that may assist the admitting physician or qualified advanced practice registered nurse or qualified physician assistant. Whenever practicable, prior to transporting such person, the applicant shall telephone or otherwise communicate with a facility to describe the circumstances and known clinical history and to determine whether the facility is the proper facility to receive such person and to give notice of any restraint to be used and to determine whether such restraint is necessary.
(b) Only if the application for hospitalization under this section is made by a physician, a qualified advanced practice registered nurse or qualified physician assistant specifically designated to have the authority to admit to a facility in accordance with the regulations of the department, shall such person be admitted to the facility immediately after reception. If the application is made by someone other than a designated physician, a qualified advanced practice registered nurse, or a qualified physician assistant such person shall be given a psychiatric examination by a designated physician, a qualified advanced practice registered nurse or qualified physician assistant immediately after reception at such facility. If the physician, qualified advanced practice registered nurse, or qualified physician assistant determines that failure to hospitalize such person would create a likelihood of serious harm by reason of mental illness, the physician or qualified advanced practice registered nurse or qualified physician assistant may admit such person to the facility for care and treatment. Upon admission of a person under this subsection, the facility shall inform the person that it shall, upon such person's request, notify the committee for public counsel services of the name and location of the person admitted. The committee for public counsel services shall immediately appoint an attorney who shall meet with the person. If the appointed attorney determines that the person voluntarily and knowingly waives the right to be represented, is presently represented or will be represented by another attorney, the appointed attorney shall so notify the committee for public counsel services, which shall withdraw the appointment.
Any person admitted under this subsection who has reason to believe that such admission is the result of an abuse or misuse of this subsection may request or request through counsel an emergency hearing in the district court in whose jurisdiction the facility is located and unless a delay is requested by the person or through counsel, the district court shall hold such hearing on the day the request is filed with the court or not later than the next business day.
(c) No person shall be admitted to a facility under this section unless the person, or the person’s parent or legal guardian on the person’s behalf, is given an opportunity to apply for voluntary admission under paragraph (a) of section 10 and unless the person, or the person’s parent or legal guardian, has been informed that: (i) the person has a right to such voluntary admission; and (ii) the period of hospitalization under this section cannot exceed 3 days. At any time during such period of hospitalization, the superintendent may discharge such person if the superintendent determines that such person is not in need of care and treatment.
(d) A person shall be discharged at the end of the 3-day period unless the superintendent applies for a commitment under sections 7 and 8 or the person remains on a voluntary status.
(e) Any person may make an application to a district court justice or a justice of the juvenile court department for a 3-day commitment to a facility of a person with a mental illness if the failure to confine said person would cause a likelihood of serious harm. The court shall appoint counsel to represent said person. After hearing such evidence as the court may consider sufficient, a district court justice or a justice of the juvenile court department may issue a warrant for the apprehension and appearance before the court of the alleged person with a mental illness if in the court’s judgment the condition or conduct of such person makes such action necessary or proper. Following apprehension, the court shall have the person examined by a physician, a qualified advanced practice registered nurse or a qualified physician assistant designated to have the authority to admit to a facility or examined by a qualified psychologist in accordance with the regulations of the department. If the physician, qualified advanced practice registered nurse, qualified physician assistant or qualified psychologist reports that the failure to hospitalize the person would create a likelihood of serious harm by reason of mental illness, the court may order the person committed to a facility for a period not to exceed 3 days; provided, however, that the superintendent may discharge said person at any time within the 3-day period. The periods of time prescribed or allowed under this section shall be computed pursuant to Rule 6 of the Massachusetts Rules of Civil Procedure.
SECTION 7. Said chapter 123 is hereby further amended by striking out section 21, as so appearing, and inserting in place thereof the following section:-
Section 21. Any person who transports a person with a mental illness to or from a facility for any purpose authorized under this chapter shall not use any restraint that is unnecessary for the safety of the person being transported or other persons likely to come in contact with the person.
In the case of persons being hospitalized under section 6, the applicant shall authorize practicable and safe means of transport including, where appropriate, departmental or police transport.
Restraint of a person with a mental illness may only be used in cases of emergency, such as the occurrence of, or serious threat of, extreme violence, personal injury or attempted suicide; provided, however, that written authorization for such restraint is given by the superintendent or director of the facility or by a physician, or by a qualified advanced practice registered nurse or qualified physician assistant designated by the superintendent or director for this purpose who is present at the time of the emergency or if the superintendent, director, designated physician, designated qualified advanced practice registered nurse or designated qualified physician assistant is not present at the time of the emergency, non-chemical means of restraint may be used for a period of not more than 1 hour; provided further, that within 1 hour the person in restraint shall be examined by the superintendent, director, designated physician, designated qualified advanced practice registered nurse, or designated qualified physician assistant,; and provided further, that if the examination has not occurred within 1 hour, the patient may be restrained for an additional period of not more than 1 hour until such examination is conducted and the superintendent, director, designated physician, designated qualified advanced practice registered nurse, or designated qualified physician assistant shall attach to the restraint form a written report as to why the examination was not completed by the end of the first hour of restraint.
Any minor placed in restraint shall be examined within 15 minutes of the order for restraint by a physician, qualified advanced practice registered nurse, or qualified physician assistant, or, if a physician, qualified advanced practice registered nurse or qualified physician assistant is not available, by a registered nurse; provided, however, that said minor shall be examined by a physician, qualified advanced practice registered nurse or qualified physician assistant within 1 hour of the order for restraint. A physician, qualified advanced practice registered nurse or qualified physician assistant, or, if a physician, qualified advanced practice registered nurse or qualified physician assistant are not available, a registered nurse shall review the restraint order by personal examination of the minor or consultation with ward staff attending the minor every hour thereafter.
No minor shall be secluded for more than 2 hours in any 24-hour period; provided, however, that no such seclusion of a minor may occur except in a facility with authority to use such seclusion after said facility has been inspected and specially certified by the department. The department shall issue regulations establishing procedures by which a facility may be specially certified with authority to seclude a minor. Such regulations shall provide for review and approval or disapproval by the commissioner of a biannual application by the facility, which shall include: (i) a comprehensive statement of the facility’s policies and procedures for the utilization and monitoring of restraint of minors including a statistical analysis of the facility’s actual use of such restraint; and (ii) a certification by the facility of its ability and intent to comply with all applicable statutes and regulations regarding physical space, staff training, staff authorization, record keeping, monitoring and other requirements for the use of restraints.
Any use of restraint on a minor exceeding 1 hour in any 24-hour period shall be reviewed within 2 working days by the director of the facility. The director shall forward a copy of the report on each such instance of restraint to the human rights committee of that facility and, if there is no human rights committee, to the appropriate body designated by the commissioner of mental health. The director shall also compile a record of every instance of restraint in the facility and shall forward a copy of said report on a monthly basis to the human rights committee or the body designated by the commissioner of mental health.
No order for restraint for an individual shall be valid for a period of more than 3 hours beyond which time it may be renewed upon personal examination by the superintendent, director, designated physician, designated qualified advanced practice registered nurse, or qualified physician assistant or, for adults, by a registered nurse; provided, however, that no adult shall be restrained for more than 6 hours beyond which time an order may be renewed only upon personal examination by a physician, qualified advanced practice registered nurse or qualified physician assistant. The reason for the original use of restraint, the reason for its continuation after each renewal and the reason for its cessation shall be noted upon the restraining form by the superintendent, director, designated physician, qualified physician assistant, or, when applicable, by the registered nurse, certified physician, qualified advanced practice registered nurse assistant at the time of each occurrence.
When a designated physician, qualified advanced practice registered nurse, or qualified physician assistant is not present at the time and site of the emergency, an order for chemical restraint may be issued by a designated physician, qualified advanced practice registered nurse, or qualified physician assistant who has determined, after telephone consultation with a physician, qualified advanced practice registered nurse, registered nurse, or qualified physician assistant, who is present at the time and site of the emergency and who has personally examined the patient, that such chemical restraint is the least restrictive, most appropriate alternative available; provided, however, that the medication so ordered has been previously authorized as part of the individual’s current treatment plan.
No person shall be kept in restraint without a person in attendance specially trained to understand, assist and afford therapy to the person in restraint. The person may be in attendance immediately outside the room in full view of the patient when an individual is being secluded without mechanical restraint; provided, however, that in emergency situations when a person specially trained is not available, an adult may be kept in restraint unattended for a period not to exceed 2 hours. In that event, the person kept in restraints shall be observed at least every 5 minutes; provided, further, that the superintendent, director, designated physician, designated qualified advanced practice registered nurse or designated physician assistant shall attach to the restraint form a written report as to why the specially trained attendant was not available. The maintenance of any adult in restraint for more than 8 hours in any 24-hour period shall be authorized by the superintendent or director or the person specifically designated to act in the absence of the superintendent or director; provided, however, that when such restraint is authorized in the absence of the superintendent or director, such authorization shall be reviewed by the superintendent or director upon the return of the superintendent or director.
No “P.R.N.” or “as required” authorization of restraint may be written. No restraint is authorized except as specified in this section in any public or private facility for the care and treatment of mentally ill persons including Bridgewater state hospital.
Not later than 24 hours after the period of restraint, a copy of the restraint form shall be delivered to the person who was in restraint. A place shall be provided on the form or on attachments thereto for the person to comment on the circumstances leading to the use of restraint and on the manner of restraint used.
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, or, with respect to Bridgewater state hospital to the commissioner of correction, who shall review and sign them within 30 days and statistical records shall be kept thereof for each facility, including Bridgewater state hospital, and each designated physician, qualified advanced practice registered nurse or qualified physician assistant. Furthermore, such reports, excluding personally identifiable patient identification, shall be made available to the general public at the department’s central office, or, with respect to Bridgewater state hospital at the department of correction’s central office.
Responsibility and liability for the implementation of this section shall rest with the department, the superintendent or director of each facility or the physician, qualified advanced practice registered nurse or qualified physician assistant designated by such superintendent or director for this purpose.
SECTION 8. Said chapter 123 is hereby further amended by striking out section 22, as so appearing, and inserting in place thereof the following section:-
Section 22. Physicians, qualified advanced practice registered nurses, qualified physician assistant, qualified psychologists, qualified psychiatric nurse mental health clinical specialists, police officers and licensed independent clinical social workers shall be immune from civil suits for damages for restraining, transporting, applying for the admission of or admitting any person to a facility or Bridgewater state hospital if the physician, qualified advanced practice registered nurse, or qualified physician assistant, qualified psychologist, qualified psychiatric nurse mental health clinical specialist, police officer or licensed independent clinical social workers acts in accordance with this chapter.”
SECTION 9. Section 2 of Chapter 111O of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(c) MIH programs that are focused on behavioral health services shall not be subject to application and registration fees.
SECTION 10. Section 1 of chapter 175 of the General Laws, as amended by chapter 177 of the acts of 2022, is hereby amended by inserting after the definition of “Domestic company” the following definition:-
“Emergency services programs”, all programs subject to contract between the Massachusetts Behavioral Health Partnership and provider organizations for the provision of acute care hospital and community-based emergency behavioral health services, including, but not limited to, behavioral health crisis assessment, intervention and stabilization services 24 hours per day, 7 days per week, through: (i) mobile crisis intervention services for youth; (ii) mobile crisis intervention services for adults; (iii) emergency service provider community-based locations; (iv) emergency departments of acute care hospitals or satellite emergency facilities; (v) adult community crisis stabilization services; and (vi) youth community crisis stabilization services.
SECTION 11. Section 47B of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph of subsection (i) and replacing it with the following paragraph:-
For the purposes of this section, ''licensed mental health professional'' shall mean a licensed physician who specializes in the practice of psychiatry or addiction medicine; a licensed psychologist; a licensed independent clinical social worker; a licensed mental health counselor; a licensed nurse mental health clinical specialist; a licensed physician assistant who practices in the field of psychiatry or addiction medicine; a licensed psychiatric mental health nurse practitioner, other licensed master’s level mental health clinician including but not limited to a licensed alcohol and drug counselor I, as defined in section 1 of chapter 111J, or a licensed marriage and family therapist within the lawful scope of practice for such therapist; or a clinician practicing under the supervision of a licensed professional, and working towards licensure, in a clinic or hospital licensed under chapter 111.
SECTION 12. Section 47SS of chapter 175 of the General Laws, as inserted by chapter 177 of the acts of 2022, is hereby amended by striking subsection (b) and inserting in place thereof the following subsection:-
(b) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within or without the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall provide coverage for medically necessary mental health acute treatment, community-based acute treatment and intensive community-based acute treatment and shall not require a preauthorization before the administration of such treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; and provided further that services administered prior to notification must be covered. Notification shall be limited to patient’s name, facility name, time of admission, diagnosis, and initial treatment plan.
SECTION 1 3. Section 8A of chapter 176A of the General Laws, as amended by chapter 177 of the acts of 2022, is hereby amended by striking out the second paragraph of subsection (i) and replacing it with the following paragraph:-
For the purposes of this section, ''licensed mental health professional'' shall mean a licensed physician who specializes in the practice of psychiatry or addiction medicine; a licensed psychologist; a licensed independent clinical social worker; a licensed mental health counselor; a licensed nurse mental health clinical specialist; a licensed physician assistant who practices in the field of psychiatry or addiction medicine; a licensed psychiatric mental health nurse practitioner, other licensed master’s level mental health clinician including but not limited to a licensed alcohol and drug counselor I, as defined in section 1 of chapter 111J, or a licensed marriage and family therapist within the lawful scope of practice for such therapist; or a clinician practicing under the supervision of a licensed professional, and working towards licensure, in a clinic or hospital licensed under chapter 111.
SECTION 14 . Section 8SS of chapter 176A of the General Laws, as inserted by chapter 177 of the acts of 2022, is hereby amended by striking subsection (b) and inserting in place thereof the following subsection:-
(b) A contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary mental health acute treatment, community-based acute treatment and intensive community-based acute treatment and shall not require a preauthorization before the administration of any such treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; and provided further that services administered prior to notification must be covered. Notification shall be limited to patient’s name, facility name, time of admission, diagnosis, and initial treatment plan.
SECTION 15 . Section 4A of chapter 176B of the General Laws, as amended by chapter 177 of the acts of 2022, is hereby amended by striking out the second paragraph of subsection (i) and replacing it with the following paragraph:-
For the purposes of this section, ''licensed mental health professional'' shall mean a licensed physician who specializes in the practice of psychiatry or addiction medicine; a licensed psychologist; a licensed independent clinical social worker; a licensed mental health counselor; a licensed nurse mental health clinical specialist; a licensed physician assistant who practices in the field of psychiatry or addiction medicine; a licensed psychiatric mental health nurse practitioner, other licensed master’s level mental health clinician including but not limited to a licensed alcohol and drug counselor I, as defined in section 1 of chapter 111J, or a licensed marriage and family therapist within the lawful scope of practice for such therapist; or a clinician practicing under the supervision of a licensed professional, and working towards licensure, in a clinic or hospital licensed under chapter 111.
SECTION 16. Section 4SS of chapter 176B of the General Laws, as inserted by chapter 177 of the acts of 2022, is hereby amended by striking subsection (b) and inserting in place thereof the following subsection:-
(b) A subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for medically necessary mental health acute treatment, community-based acute treatment, intensive community-based acute treatment and shall not require a preauthorization before obtaining treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; and provided further that services administered prior to notification must be covered. Notification shall be limited to patient’s name, facility name, time of admission, diagnosis, and initial treatment plan.
SECTION 17 . Section 4M of chapter 176G of the General Laws, as amended by chapter 177 of the acts of 2022, is hereby amended by striking out the second paragraph of subsection (i) and replacing it with the following paragraph:-
For the purposes of this section, ''licensed mental health professional'' shall mean a licensed physician who specializes in the practice of psychiatry or addiction medicine; a licensed psychologist; a licensed independent clinical social worker; a licensed mental health counselor; a licensed nurse mental health clinical specialist; a licensed physician assistant who practices in the field of psychiatry or addiction medicine; a licensed psychiatric mental health nurse practitioner, other licensed master’s level mental health clinician including but not limited to a licensed alcohol and drug counselor I, as defined in section 1 of chapter 111J, or a licensed marriage and family therapist within the lawful scope of practice for such therapist; or a clinician practicing under the supervision of a licensed professional, and working towards licensure, in a clinic or hospital licensed under chapter 111.
SECTION 18 . Section 4KK of chapter 176G of the General Laws, as inserted by chapter 177 of the acts of 2022, is hereby amended by striking subsection (b) and inserting in place thereof the following subsection:_-
An individual or group health maintenance contract that is issued or renewed within or without the commonwealth shall provide coverage for medically necessary mental health acute treatment, community-based acute treatment and intensive community-based acute treatment and shall not require a preauthorization before the administration of such treatment; provided, however, that the facility shall notify the carrier of the admission and the initial treatment plan within three business days of admission; and provided further that services administered prior to notification must be covered. Notification shall be limited to patient’s name, facility name, time of admission, diagnosis, and initial treatment plan.
SECTION 19. (a) There shall be a task force to: (i) evaluate ways to ensure the financial stability of inpatient behavioral health units and facilities; (ii) consider the role of inpatient behavioral health units and facilities within the continuum of behavioral health services; and (iii) address current behavioral health workforce challenges. The task force shall consist of the following members: the executive director of the health policy commission, who shall serve as co-chair; the executive director of the center for health information and analysis, who shall serve as co-chair; the assistant secretary for MassHealth or his/her designee, the commissioner of the department of mental health or his/her designee, the commissioner of the department of public health or his/her designee, and 1 representative from each of the following organizations: the Massachusetts Health & Hospital Association; the Massachusetts Psychiatric Society; the Massachusetts Association of Behavioral Health Systems; the Massachusetts Psychological Association; the Massachusetts Association of Advanced Practice Psychiatric Nurses; the National Association of Social Workers-Massachusetts Chapter; and the Massachusetts Association for Mental Health.
(b) The task force shall conduct an analysis and issue a report which shall include but not be limited to: (i) a review of the methodologies used for determining reimbursement rates for inpatient hospital behavioral health services provided to MassHealth members including those by MassHealth’s contracted health insurers, health plans, behavioral health management firms, and third party administrators under contract to a Medicaid managed care organization or primary care clinician plan; (ii) an analysis of the estimated payment levels associated with MassHealth reimbursement relative to the cost of providing inpatient hospital behavioral health care in acute hospital units and freestanding facilities; (iii) recommended improvements to MassHealth reimbursement for care provided by inpatient behavioral health units and facilities to promote financial stability, including a review of a cost-based method for rate determination; (iv) an assessment of the utility and limitations of incorporating diagnosis-related group DRG classifications in said rate calculation; (v) industry-wide workforce initiatives including, but not limited to, ways to improve recruitment, training, including transitional training opportunities for employment in behavioral health units and facilities and training in new behavioral healthcare modalities including but not limited to telehealth, retention, rates of pay and other methods of ensuring a sustainable, culturally and linguistically-competent behavioral health workforce; and (vi) the role of external economic factors on the development and retention of the behavioral health workforce such as the increases in the minimum wage and competition from other industries.
(c) The task force shall convene its first meeting within 30 days after the effective date 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 mental health, substance use and recovery, the joint committee on labor and workforce development and the house and senate committees on ways and means not later than December 31, 2024.
SECTION 20. Notwithstanding any general or special law to the contrary, the health policy commission, the division of medical assistance, four representatives from academic medical centers currently rendering inpatient services in a patient’s home, the department of public health and the department of mental health, shall conduct a study and issue a report regarding the design of a behavioral health home hospital program, herein referred to as the program. The study shall include, but not be limited to: (i) the recommendation of patient populations who would be best served by the provision of behavioral healthcare in a home environment; (ii) the identification of healthcare providers who would make up the program care team; (iii) the projected impact of the program on the rate of psychiatric emergency department boarding statewide; (iv) the identification of safety concerns regarding the provision of behavioral healthcare in a home environment and recommendations to address said concerns; (v) the projected impact of the program on the availability of psychiatric hospital beds in the commonwealth; (vi) the projected cost estimates of the program; (vii) a comparison of cost estimates of providing behavioral healthcare in the home versus in a healthcare facility; (viii) an analysis of the quality of patient care received through the program; (ix) the identification of screening protocols before care at home begins to assess medical and non-medical factors, including working utilities, assessment of physical barriers and screenings for domestic violence concerns; (x) recommendations for minimum personnel visits, the provision of immediate, on-demand telehealth connections with program staff; and (xi) recommendations for minimum emergency response times. The report shall be submitted to the governor, the chairs of the joint committee on health care financing, the chairs of the joint committee on mental health, substance use and recovery and the house and senate committees on ways and means no later than July 31, 2024.
SECTION 21. Notwithstanding any general or special law to the contrary, the division of insurance, in consultation with the division of medical assistance, shall promulgate regulations or issue sub-regulatory guidance, within 30 days of the effective date of this act, to require carriers reimburse acute care hospitals with emergency departments or satellite emergency facilities for the provision of emergency behavioral health services, including but not limited to, behavioral health crisis assessment, intervention, and stabilization services. The regulations or sub-regulatory guidance shall include reimbursement for the provision of emergency behavioral services via telemedicine, electronic or telephonic consultation, in accordance with section 51 ¾ of chapter 111 of the General Laws. The contractual rate for these services may be no less than the prevailing MassHealth rate for behavioral health emergency department crisis evaluations. This does not preclude a hospital from billing for other medically necessary services traditionally reimbursed through an emergency department visit and is also in addition to required reimbursement by carriers for each day a member waits in an emergency department, observation unit or inpatient floor for placement in an appropriate inpatient psychiatric placement, as required by section 78 of chapter 177 of the acts of 2022. The insurer shall reimburse other medically necessary services and for patients awaiting an inpatient psychiatric placement in addition to payment for emergency behavioral health services. Behavioral health services provided in this setting under this section shall be deemed medically necessary and shall not require prior authorization by an insurer.
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An Act relative to creating intensive stabilization and treatment units within the Department of Mental Health
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S1268
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SD583
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-09T16:15:07.063'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-09T16:15:07.0633333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-30T10:48:11.9633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T10:48:11.9633333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-30T10:48:11.9633333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-10T11:25:33.51'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-10T11:25:33.51'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:09:40.56'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1268) of Marc R. Pacheco, Adam Scanlon, Jack Patrick Lewis, Paul R. Feeney and other members of the General Court for legislation relative to creating intensive stabilization and treatment units within the Department of Mental Health. Mental Health, Substance Use and Recovery.
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Chapter 19 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section at the end thereof:-
Section 25. There shall be, within the department of mental health, at least two intensive stabilization and treatment units for patients who exhibit persistently aggressive or self-destructive behavior or exhibit atypically, intensively violent behavior that requires specialized care. One unit shall be designated for men and one unit shall be designated for women. Said units shall be located at a specific and central location and be secured and physically separate from other units. These units shall provide comprehensive evaluation, stabilization and psychiatric treatment which shall include, but not be limited to: violence assessments, behavioral management consultation, interpersonal conflict resolution strategies, critical incident de-briefings and transfer evaluations. These units shall include appropriate staffing levels to address the needs of the patient population with an interdisciplinary staff, including but not limited to registered nurses, clinical social workers, mental health workers, psychiatrists, clinical psychologists and rehabilitation specialists, who have undergone specialized training to work effectively with this patient population. Upon behavior stabilization, the staff on the unit shall develop a plan for the safe and timely transfer of the patient out of the intensive stabilization and treatment unit.
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An Act relative to creating a pilot program to transfer high acuity behavioral health and dual diagnosis patients away from overcrowded emergency departments
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S1269
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SD589
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T12:45:22.04'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T12:45:22.04'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-30T10:47:56.8233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T10:47:56.8233333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-30T10:47:56.8233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T10:56:03.7666667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:10:29.1533333'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1269) of Marc R. Pacheco, Adam Scanlon, Jack Patrick Lewis, Paul R. Feeney and others for legislation relative to creating a pilot program to transfer high acuity behavioral health and dual diagnosis patients away from overcrowded emergency departments. Mental Health, Substance Use and Recovery.
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Chapter 19 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sections at the end thereof:-
Section XX. For the purposes of this section, the term “dual diagnosis” shall mean a mental illness and a substance use disorder occurring simultaneously.
There shall be, on the campus of Taunton State Hospital, a Behavioral Health Emergency Department Relief Pilot Program to accept medically stable, high acuity behavioral health and dual diagnosis patients from emergency departments in the Southeast region. Medically stable patients presenting in an Emergency Department with a high acuity behavioral health condition or who have a dual diagnosis should be transferred to this pilot program if another appropriate setting cannot be located within four hours of admission to the emergency department. Patients admitted to the pilot program will be cared for until an appropriate placement is found that meets the patients’ needs, which shall be no more than fourteen days following admission to the pilot program. The program shall be operated by the department and staffed by the department registered nurses, psychiatrists and other staff as needed to provide appropriate care, with program protocols and a staffing plan to be developed during the first six months following passage of this legislation by a committee including the department, the department of public health, the national alliance on mental illness, the Massachusetts Nurses Association and the emergency nurses association. For the purposes of this pilot program, Taunton State Hospital shall be allowed to accept patients classified under Section 12 of Chapter 123 of the General Laws. The pilot program shall operate for a period of two years, with a report to be filed by the department with the Joint Committee on Mental Health, Substance Use and Recovery during year two of the program, to evaluate the success of the program in decreasing emergency department overcrowding in the Southeast Region, and the quality of care provided in the program. The report shall be drafted by an independent entity, utilizing data from the department and the local hospitals in the Southeast Region.
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An Act relative to establishing an emergency food assistance committee
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S127
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SD1185
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-19T10:24:07.947'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-19T10:24:07.9466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-08-25T15:56:15.6133333'}]
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 127) of Walter F. Timilty for legislation to establish an emergency food assistance committee. Children, Families and Persons with Disabilities.
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Chapter 20 of the General Laws is hereby amended by inserting after section 32 the following section:-
Section 33. (a) There shall be an emergency food assistance committee in the department of agricultural resources, which shall be a state and a private, non-profit food distribution partnership between the department of agricultural resources, food banks and pantries, to evaluate hunger and food accessibility in the Commonwealth.
The committee shall consist of the commissioner of agricultural resources or a designee, who shall be the chair; the secretary of environmental affairs or a designee; the secretary of housing and economic development or a designee; the commissioner of public health or a designee; the commissioner of transitional assistance or a designee; the commissioner of elementary and secondary education or a designee; a representative of the Greater Boston Food Bank; a representative of the Merrimack Valley Food Bank; a representative of the Food Bank of Western Massachusetts; a representative of the Worcester County Food Bank; a representative of Project Bread; a representative of the Coalition to End Hunger; a representative from 5 food pantries in each county of the Commonwealth; and 4 members whom shall be appointed by the governor, 1 of whom shall be an expert in food access in the Commonwealth, 1 of whom shall be an expert in childhood hunger, 1 of whom shall represent a local health department addressing food safety and nutrition, and 1 of whom shall represent community-based efforts addressing nutrition and public health.
(b) The committee shall annually evaluate and generate a report on distribution of food by food banks and pantries, and food accessibility and hunger in the Commonwealth. The committee report shall include:
(i) the demand for food at food banks and pantries, including the number of individuals served monthly;
(ii) the populations being served by food banks and pantries, and areas for improvement to ensure equal access to food across the Commonwealth;
(iii) the types of foods being donated and distributed by food banks and pantries, and areas for improvement to ensure access to nutritious and healthy foods to meet public health recommendations;
(iv) methods for food distribution by food banks and pantries, and areas for improvement to promote public health and safety;
(v) methods to promote acquisition and distribution of locally produced foods at food banks and pantries;
(vi) accessibility issues relating to existing food banks and pantries;
(vii) financial assistance needed from state and federal governments; and
(viii) trends in hunger and food accessibility.
(c) Each member of the committee appointed by the governor shall be appointed for a term of 4 years and shall serve until the member's successor is appointed and qualified. A person appointed to fill a vacancy shall serve for the remainder of the unexpired term of the member creating the vacancy. Members shall be eligible for reappointment.
(d) The committee shall maintain a public website under the department of agricultural resources.
(e) The committee report shall be posted on said public website to provide resources to accessing food banks, food pantries and hunger advocacy organizations in the Commonwealth, and to promote transparency of public funding of food banks and pantries.
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An Act relative to protective custody
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S1270
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SD52
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:51:05.82'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:51:05.82'}]
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1270) of Bruce E. Tarr for legislation relative to protective custody. Mental Health, Substance Use and Recovery.
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SECTION 1. Section 9A of Chapter 111E as inserted by section 1 of chapter 161 of the acts of 2020 is hereby amended by inserting in the first sentence of the second paragraph after "immediately obtaining appropriate emergency medical treatment" the following:-provided such custody shall continue in force and effect for the duration of necessary transport, screening and evaluation for treatment
SECTION 2. Section 9A of Chapter 111E as inserted by section 1 of chapter 161 of the acts of 2020 is hereby amended by inserting at the end of the third paragraph after the word "treatment" the following:-and evaluation
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An Act relative to fetal opioid drug exposure
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S1271
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SD86
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T14:37:48.857'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T14:37:48.8566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1271/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1271) of Bruce E. Tarr for legislation relative to fetal opioid drug exposure. Mental Health, Substance Use and Recovery.
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SECTION 1. Notwithstanding any general or special law to the contrary the commissioner of the department of developmental services shall include fetal opiod drug exposure and addiction under the definition of Closely Related Developmental Conditions as defined under 115 CMR 2 and 115 CMR 6.06(1).
SECTION 2. The commissioner of the department of development services shall at their discretion include additional diagnosis as part of the definition of closely related developmental condition.
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An Act relative to non-opioid alternatives in pain treatment
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S1272
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SD1375
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-19T14:32:59.423'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-19T14:32:59.4233333'}]
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1272) of Walter F. Timilty for legislation relative to non-opioid alternatives in pain treatment. Mental Health, Substance Use and Recovery.
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SECTION 1. Notwithstanding any general or special law to the contrary, The Massachusetts Department of Public Health shall develop and publish on its website an educational pamphlet regarding the use of non-opioid alternatives for the treatment of pain. The pamphlet shall include, but not be limited to, (i) information on available nonopioid alternatives for the treatment of pain, including non-opioid medicinal drugs or drug products and non-pharmacological therapies, (ii) the advantages and disadvantages of the use of non-opioid alternatives.
SECTION 2. Except when a patient is receiving care in a hospital critical care unit or emergency department or a patient is receiving hospice services under Part I, Title XVI, Chapter 111, Section 227 of Massachusetts General Law, before providing care requiring the administration of anesthesia involving the use of an opioid drug listed as a Schedule II controlled substance in s. 893.03 or 21 U.S.C. s. 812, or prescribing or ordering an opioid drug listed as a Schedule II controlled substance in s. 893.03 or 21 U.S.C. s. 812 for the treatment of pain, a health care practitioner who prescribes or orders an opioid drug shall (i) inform the patient or the patient’s representative of available nonopioid alternatives for the treatment of pain, which may include non-opioid medicinal drugs or drug products, interventional procedures or treatments, acupuncture, chiropractic treatments, massage therapy, physical therapy, occupational therapy, or any other appropriate therapy as determined by the health care practitioner, (ii) discuss with the patient or the patient’s representative the advantages and disadvantages of the use of non-opioid alternatives, including whether the patient is at a high risk of, or has a history of, controlled substance abuse or misuse and the patient’s personal preferences, (iii) provide the patient or the patient’s representative with a printed copy of the educational pamphlet described in section 1, (iv) document the non-opioid alternatives considered in the patient’s record.
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An Act relative to the mental health of children in schools
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S1273
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SD762
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T11:36:46.117'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T11:36:46.1166667'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-07T10:29:54.9666667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T15:09:12.3666667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T15:09:12.3666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-14T11:48:59.1966667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T15:00:33.6166667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T11:26:40.3566667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-04T16:46:06.1966667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-04T16:46:06.1966667'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1273) of John C. Velis, Mark C. Montigny, James K. Hawkins, Patrick M. O'Connor and other members of the General Court for legislation relative to the mental health of children in schools. Mental Health, Substance Use and Recovery.
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Section 1 of chapter 76 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the word “week” the following sentences:-
Absences may also be permitted for mental health symptoms; provided further, that said absences shall be excused in the same manner as physical health symptoms; and provided further, that required documentation, from guardians or health professionals, shall be consistent with physical health absences documentation. When documentation is required from a health care professional, a school shall accept documentation from licensed mental health care professionals in the same manner as documentation from other health care professionals. A student with an absence due to mental or behavioral health shall be offered the opportunity to meet with a certified school counselor upon return to school but said student shall not be required to do so.
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An Act relative to Narcan availability in schools
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S1274
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SD885
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T15:51:01.987'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T15:51:01.9866667'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1274) of John C. Velis for legislation relative to Narcan availability in schools. Mental Health, Substance Use and Recovery.
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Chapter 76 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 1B the following section:-
Section 1C. Upon the acceptance of this section by the local legislative body of a city or town, or by a majority vote of two-thirds of the member communities of a regional school district, the school committee of a city, town or regional school district shall establish a naloxone overdose prevention program. Said program shall require every school nurse to be trained in naloxone assistance and have naloxone in nurse’s office. Said program may be developed with the assistance from the department of education and department of public health.
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An Act establishing a commission to study the availability of a continuum of care for persons
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S1275
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SD895
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T16:07:15.853'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T16:07:15.8533333'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1275) of John C. Velis for legislation establishing a commission to study the availability of a continuum of care for persons with substance use disorder. Mental Health, Substance Use and Recovery.
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SECTION 1. Notwithstanding any general or special law to the contrary, there shall be a commission established pursuant to section 2A of chapter 4 of the General Laws to study the availability of a continuum of care for persons with substance use disorder. The commission shall: (i) review the availability of detoxification services, clinical stabilization services, transitional support services, emergency care services, residential recovery home services, and outpatient treatment including medication assisted treatment and (ii) make an assessment of what the appropriate capacity should be for each level of care to allow individuals to efficiently access each level of care as clinically necessary.
The commission shall consist of: the house and senate chairs of the committee on mental health, substance use and recovery, who shall serve as co-chairs; a member appointed by the speaker of the house of representatives; a member appointed by the senate president; the minority leader of the house, or a designee; the minority leader of the senate, or a designee; the secretary of the office of health and human services, or a designee; the assistant secretary for Masshealth; the commissioner of the department of public health, or a designee; the commissioner of the department of mental health, or a designee; the commissioner of the division of insurance, or a designee; and one from each of the following: Association for Behavioral Healthcare, Inc.; Massachusetts Organization for Addiction Recovery; the Massachusetts Health & Hospital Association; the Massachusetts Medical Society; Recovery Homes Collaborative; Learn to Cope; the Grayken Center; the Massachusetts Association of Health Plans; and Blue Cross and Blue Shield of Massachusetts.
Annually, not later than March 1, the commission shall file a report with the house and senate clerks on its activities and any recommendations. The commission shall monitor the implementation of its recommendations.
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An Act to address mental health and substance use needs
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S1276
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SD2309
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:32:27.997'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:32:27.9966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1276/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1276) of John C. Velis for legislation to address mental health and substance use needs. Mental Health, Substance Use and Recovery.
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Chapter 111 of the General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following section:-
There shall be a mental health and substance use disorder grant program established within the department of mental health for the purpose of addressing increased mental health and substance use needs.
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An Act relative to solar drying of laundry
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S1277
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SD1394
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T15:32:45.86'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T15:32:45.86'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1277/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1277) of Michael J. Barrett for legislation relative to the use of outdoor clotheslines. Municipalities and Regional Government.
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Chapter 184 of the General Laws is hereby amended by adding the following section:-
Section 36. (a) As used in this section, the following words shall have the following meaning unless the context clearly requires otherwise:
“Association of homeowners”, a community association, condominium association, homeowners association, cooperative or any other nongovernmental entity with covenants, by-laws and administrative provisions with which the homeowner’s compliance is required.
“Clothesline”, a rope, cord, wire or similar device on which clothing or other items including, but not limited to, linens are hung outdoors to dry.
(b) Notwithstanding any general or special law to the contrary, a homeowner or tenant shall not be prohibited from installing or using a clothesline.
(c) A homeowner or an association of homeowners may adopt rules that reasonably restrict the placement and use of a clothesline on the premises of a residential dwelling; provided, however, that those restrictions shall not prohibit the use of clotheslines. No private entity shall assess or charge a homeowner a fee for the placement or use of a clothesline. If a homeowner or an association of homeowners has a contract, deed, covenant, restriction, rule, by-law, lease agreement or rental agreement that prohibits the use of clotheslines on the effective date of this act, the homeowner or association of homeowners shall hold a meeting to reconsider the provision prohibiting the use of clotheslines at the request of a unit owner or tenant; provided, however, that in the case of a tenant leasing or renting a unit in an association, the tenant shall make such a request to the unit owner. Any such meeting shall be held at a date and time agreed upon with the requesting party and after providing reasonable notice to all of the interested parties.
(d) Upon approval of this section by the legislative body of a city or town, the following question shall be placed on the official ballot and submitted to the voters of that city or town at the next regular municipal or state election:
“Shall (the city or town) accept Section 36 of Chapter 184 of the General Laws relative to the solar drying of laundry?”
If a majority of the voters voting on the question vote in the affirmative, this section shall take effect in that city or town.
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An Act to generate revenue to expand transit options
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S1278
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SD2384
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T16:26:19.613'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T16:26:19.6133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1278/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1278) of Michael J. Barrett for legislation to generate revenue to expand transit options. Municipalities and Regional Government.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 40W the following chapter:-
Chapter 40X. TRANSIT IMPROVEMENT DISTRICTS.
Section 1. Definitions. For the purposes of this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Fee”, a payment for services or improvements within a TID.
“Lead municipality”, the municipality exercising managerial control over the TID, as designated by the group of municipalities participating in the establishment of a TID.
“Municipal executive body”, the mayor or city manager in a city or the board of selectmen, town manager, or town administrator in a town.
“Municipal legislative body”, the city council or board of alderman in a city or the town meeting in a town.
“Partners”, the businesses, entities, municipalities, districts, regional entities, and state agencies participating in a TID.
“Program plan”, a statement of means and objectives for providing the capital, operational facilities, and resources to improve transit, transportation, and quality of life within a TID.
“TID”, a transit improvement district formed pursuant to this chapter, which is a specified area within 1 or more municipalities that shall consist of 2 or more parcels or lots of land, whether or not contiguous, or 2 or more buildings or structures, whether or not adjacent, on 2 or more parcels of land; provided, that the total area of all TIDs within a municipality shall not exceed 25 per cent of the total area of the municipality.
“Transit improvement program” a transit project that implements transit improvements upon existing transportation services within a TID.
Section 2. Program Plan and TID Adoption Requirements
(a) Prior to establishing a TID, a municipality or group of municipalities shall develop a program plan describing said TID’s means and objectives. At a minimum, the program plan shall include:
(1) a financial plan that describes the costs and sources of revenue required to establish transit improvement programs within a TID, including cost estimates for the transit improvement programs, the amount of indebtedness, if any, to be incurred, and any sources of anticipated capital; provided, that the financial plan’s cost estimates may include any of the following types of costs: (i) administrative costs, including any reasonable charges for the time spent by town employees in connection with the implementation of a transit improvement program and for committing the assessment, collections of fees and payment enforcement; (ii) capital costs, including the costs of the construction of public works or improvements, new buildings, structures and fixtures, the demolition, alteration, remodeling, repair or reconstruction of existing buildings, structures or fixtures, the acquisition of equipment, or the grading and clearing of land; (iii) discretionary costs, including any payments made by a municipal entity that, in its discretion, are necessary for the creation of TID or the implementation of a transit improvement program; (iv) financing costs, including all interest paid to holders of evidences of indebtedness issued to pay for transit improvement program costs and any premium paid over the principal amount of that indebtedness because of the redemption of the obligations before maturity; (v) information costs, including any costs associated with promoting and advertising the transit improvement programs, providing public safety information, disseminating transit schedules, or providing other forms of information necessary to the transit operations of a TID; (vi) management costs, including costs incurred by establishing and maintaining TID administrative and managerial support and other services, as necessary or appropriate, to provide transit improvement programs; or (vii) professional service costs, including any costs incurred for consultants, planning, engineering, architectural, or legal advice, or other services related to providing transit improvement programs;
(2) a list of the necessary capital and operational resources to be procured and public facilities, if any, to be constructed;
(3) identification of the use, if any, of private property for transit improvement programs;
(4) identification of the municipal department responsible for administering the transit improvement programs; provided, that for a program involving a TID consisting of more than 1 municipality, the program plan shall designate a lead municipality responsible for managing the program;
(5) a proposed management and operational plan regarding transit service delivery within the TID, which may include contracting for transit service management with an existing regional transit authority, a transportation management association, or a private service entity;
(6) the duration of any transit improvement programs, which shall be a minimum of 3 years and shall not exceed 6 years after the transit service start date;
(7) a list of the entities participating as partners in a transit improvement program;
(8) the means for setting policy and making decisions related to the transit improvement program;
(9) the target start date for the collection of funds and initiation of transit service within the TID;
(10) a careful consideration of how the TID can fill public transportation gaps not currently provided by publicly accessible local, regional, or state transit services; and
(11) a proposal for communication and collaboration between any municipalities involved in establishing the TID, any regional transit authorities and transportation management associations with relevant jurisdiction, any applicable regional planning authority, the surrounding business community and housing providers, and the Massachusetts department of transportation.
A municipality or group of municipalities that has developed a program plan shall hold a public meeting to consider the merits of the program plan prior to its submittal for adoption. Notice of said public meeting shall be sent to all relevant regional planning authorities and regional transit authorities a minimum of ten days in advance.
A separate program plan shall be adopted for each proposed TID. The program plan shall be adopted at the same time as the TID, as part of the TID adoption proceedings pursuant to subsection (b) of this section or, if at a different time, in the same manner as the adoption of the TID, with the same requirements of subsection (b). Once adopted, a program plan shall only be substantially altered or amended after meeting the same requirements for adoption.
(b) A municipality or group of municipalities may, after the development of a program plan and a public meeting on the merits of said plan pursuant to subsection (a), establish a TID, as defined in section 1, within the boundaries of said municipality or municipalities by:
(1) a majority vote of the appropriate municipal legislative body of each participating municipality; provided, that the municipal legislative body of each participating municipality finds that the establishment of the TID is in the public’s best interest; and
(2) a vote of the property owners subject to the fee provided for in section 5 within said TID, where a minimum of 51 per cent of property owners shall be required to vote in the affirmative and said voters casting ballots in the affirmative shall constitute at least 51 per cent of the total assessed value of land of fee-paying properties in said TID; provided, that ballots for such vote shall be sent by certified mail to each property owner in accordance with the mailing address officially on file with the municipal assessor.
Nothing in this section shall prevent a TID from including more than 1 municipality; provided, however, that each participating municipality shall vote affirmatively for the establishment of said TID pursuant to the requirements under paragraphs (1) and (2) of this subsection. If any of the municipalities considering establishment of a TID fail to meet the requirements under paragraphs (1) and (2) of this subsection, a TID shall not be established.
(c) Any vote by a municipal legislative body under paragraph (1) of subsection (b) of this section shall include:
(1) a declaration that management authority over a TID rest with the municipal executive body or, where a group of municipalities are establishing a TID, the municipal executive body of the lead municipality;
(2) a designation of the municipal department under whose authority funds may be expended under section 5; provided, that said designation shall reference the applicable program plan and require that all funds be spent in a manner consistent with said plan;
(3) a statement describing the methodology used for the calculation of any proposed transit improvement fees pursuant to section 5;
(4) a designation of the source of the municipal matching funds and an authorization for the appropriation of said funds; and
(5) a designation, if the transit improvement program is in a TID involving more than 1 municipality, of which municipality shall be the lead municipality for the purposes of managing said transit improvement program.
Section 3. At any time after the establishment of a TID pursuant to section 2, the district boundaries may be amended by an affirmative vote of the municipal legislative body of each participating municipality.
Section 4. The rights and powers of a TID shall include: developing, managing, and maintaining transit improvement programs; establishing and collecting fees pursuant to section 5; leasing, owning, acquiring, or optioning real property; undertaking collections and enforcement of fines associated with the collection of fees; providing planning and design services; formulating a fee structure; accumulating interest; incurring costs or indebtedness; entering into contracts; suing and being sued; employing legal and accounting services; undertaking planning, feasibility and market analyses; developing common marketing and promotional activities; or engaging in other supplemental services or programs that would further the purposes of this chapter.
Section 5. (a) A transit improvement fee may be collected and used solely to fund items to further the goals identified and approved in a TID program plan and spent in accordance with the provisions of this chapter.
A transit improvement fee shall be determined by a formula consisting of any combination of the following:
(1) different fee levels for varying classifications of real property;
(2) a fee based on a percentage of the assessed value provided that the fee cannot exceed 5 per cent of the existing annual tax assessment;
(3) a fee per employee;
(4) a fee per parking space on the site;
(5) a fee per single occupancy vehicle (SOV) trip generated to the site under its current or anticipated use;
(6) a fee per residential unit within a multifamily parcel;
(7) a fee for service as may be designed to accommodate a specific user or entity; or
(8) any other formula that meets the objectives of the TID.
(b) A TID may, in the establishment of a fee structure, elect to exempt any or all of the following property types:
(1) residential dwellings, whether or not they are owner occupied, provided they do not exceed 3 residential units in the same structure;
(2) small commercial properties of up to 5,000 gross square feet per building; or
(3) agricultural properties.
(c) The collector-treasurer of the municipality where a TID is located is hereby authorized to collect transit improvement fees and disburse the funds to the duly authorized and designated municipal department identified under subsection (c) of section 2. If the TID contains more than 1 municipality, it shall be the responsibility of the collector-treasurer in each municipality to collect the fee and remit to the lead community. The collector-treasurer of each participating municipality shall be authorized to levy fines for non-payment of fees and, if necessary, to pursue appropriate legal action for said enforcement.
The collector-treasurer shall disburse revenues to the designated municipal department within 60 days of the collection of transit improvement fees.
(d) Following establishment of a TID, all fees billed by or on behalf of a TID and unpaid by the obligor after 60 days from the date of billing shall become a lien in favor of the municipality on the real property of the obligor in an amount sufficient to satisfy all unpaid fees, which shall have priority over all other liens except municipal liens and mortgages of record prior to the recording of a notice of lien, if notice of the lien is duly recorded by the municipality in the appropriate registry of deeds or land court registry district.
(e) Notwithstanding any general or special law to the contrary, transit improvement fees collected by a municipality under this chapter shall not be deemed to be part of the municipality’s regular levy collections and shall not be subject to the requirements of section 21C of chapter 59.
Section 5A. (a) A property owner subject to an exemption pursuant to clause Third or clause Eleventh of section 5 of chapter 59 shall not be subject to the fee provided for in section 5; provided, however, that such property owner shall have all the rights and privileges as any other property owner pursuant to this chapter if such property owner participates in the voluntary payment program set forth in subsection (b).
(b) A property owner of property located within a TID and subject to an exemption in clause Third or clause Eleventh of section 5 of chapter 59 may enter into an agreement with the municipal executive body in which such property is located for voluntary payments to such municipality for the purposes of this chapter.
The TID shall establish the amount of and terms of such payment agreement based on factors that include, but are not limited to: (1) the assessed value of the real property; (2) community benefits provided by the property owner such as the property owner’s contribution to transportation goals and programs of the TID; (3) the total assets of the property owner, including but not limited to, land, buildings and equipment; and (4) total annual revenues.
Section 5B. (a) Any regional transit authority or property owner subject to an exemption under Chapter 161B Section 13 shall not be subject to the fee provided for in section 5; provided, however, that such regional transit authority or property owner shall have all the rights and privileges as any other property owner pursuant to this chapter if such property owner participates in the voluntary payment program set forth in subsection (b).
(b) Any regional transit authority or property owner of property located within a TID and subject to an exemption under Chapter 161B Section 13 may enter into an agreement with the municipal executive body in which such property is located for voluntary payments to such municipality for the purposes of this chapter.
Section 6. The municipality or group of municipalities participating in the establishment of a TID shall provide a minimum of 25 per cent of the TID’s program costs from funds not generated by the fees authorized under section 5. The Massachusetts department of transportation shall provide 25 per cent in matching funds, subject to appropriation. Users of the new transit improvement program shall be required to pay a fee for service, which shall, in the aggregate, be no more than 5 per cent of the total program costs. Property owners located within a TID shall provide a minimum of 25 per cent of the transit improvement program costs.
Section 7. The municipal executive body authorized to manage a TID under paragraph (1) of subsection (c) of section 2 shall conduct a review of the program plan 12 months prior to the completion of the duration of the transit improvement programs within a TID to determine if the program is desired to be continued, and if so, complete a program assessment that includes a review of the anticipated costs to continue said service. If continuance is sought, a public hearing shall be conducted on the TID’s desire to continue service and a renewal of the authorization shall be approved by the relevant municipal legislative body or bodies in a manner consistent with the authorization set forth in section 2.
Section 8. A TID may be dissolved by petition to the local municipal executive body and a subsequent decision by its legislative body to authorize dissolution, or a TID may be dissolved upon request by the chief elected or chief executive official of the lead municipality for a dissolution vote by the local municipal legislative body.
In order to be considered by a municipal legislative body, a petition to dissolve a TID shall contain the signatures of the fee-paying property owners whose properties represent at least 51 per cent of the total assessed value within the TID and at least 51 per cent of the fee-paying property owners within the TID.
The municipal executive body shall hold a public hearing within 30 days of receipt of a completed dissolution petition.
Following the public hearing, the municipal executive body shall refer the matter to its legislative body, which may determine, by a majority vote, to dissolve the TID; provided, however, that no TID shall be dissolved until it has satisfied or paid in full all of its outstanding indebtedness, obligations, and liabilities, or until funds are on deposit and available therefor, or until a repayment schedule has been formulated and municipally approved therefor. The TID shall be prohibited from incurring any new or increased financial obligations after its dissolution.
Upon the dissolution of a TID, any remaining revenues derived from the sale of assets acquired with fees collected shall be refunded to the property owners in the TID in which fees were charged by applying the same formula used to calculate the fee in the fiscal year in which the TID is dissolved.
In the event a municipality participating in a TID containing more than 1 municipality desires to withdraw from the TID, such municipality may, by petition containing the signatures of the fee-paying owners whose properties represent at least 51 per cent of the assessed value within the TID and at least 51 per cent of the fee-paying property owners within the district, seek a dissolution vote from its municipal legislative body. Upon such approval from a municipal legislative body, the withdrawing municipality shall then also receive an affirmative vote of the lead municipality’s legislative body, in order to effectuate the withdrawal.
SECTION 2. Notwithstanding any general or special law to the contrary, upon passage of this act, the Massachusetts department of transportation shall identify and set aside funding to be used to meet its responsibilities under section 6 of chapter 40X, and shall establish a fund to assist any municipality or group of municipalities in establishing a transit improvement district, as defined in section 1 of chapter 40X; provided, that at least 35 per cent of the funds disbursed from said fund shall be used over a 5 year period to fund projects in low-income communities, the city of Boston, and gateway municipalities as defined in section 3A of chapter 23A.
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An Act relative to civil service adoption
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S1279
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SD790
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-13T15:18:29.913'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-13T15:18:29.9133333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-27T15:34:39.16'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T15:34:39.16'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-27T15:34:39.16'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-30T12:20:08.2633333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-10-05T12:09:38.2366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1279/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 1279) of Michael D. Brady, Vanna Howard, Susannah M. Whipps, Angelo J. Puppolo, Jr. and others for legislation relative to civil service adoption. Municipalities and Regional Government.
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Section 4b of Chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words '' action taken under'' in line 14, the following words:- "chapter 31".
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Resolve establishing a commission to study childhood hunger in Norfolk County as a result of the COVID-19 pandemic
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S128
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SD1188
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-19T10:33:15.527'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-19T10:33:15.5266667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-21T13:47:58.1733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S128/DocumentHistoryActions
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Resolve
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By Mr. Timilty, a petition (accompanied by resolve, Senate, No. 128) of Walter F. Timilty and Michael O. Moore that provisions be made for an investigation and study by a special commission (including members of the General Court) to study childhood hunger in Norfolk County as a result of the COVID-19 pandemic. Children, Families and Persons with Disabilities.
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Resolved, that there shall be a commission to study the increase in childhood hunger in norfolk county as a result of the COVID-19 pandemic. The commission shall consist of the commissioner of public health or a designee, who shall serve as chair; the secretary of the executive office of health and human services or a designee; the commissioner of transitional assistance or a designee; the commissioner of elementary and secondary education or a designee; the commissioner of agricultural resources or a designee; the house and senate members of the Massachusetts food policy council; the house and senate chairs of the joint committee on public health; a representative from the medical community specializing in childhood nutrition; a representative of project bread; a representative of the greater boston food bank; a norfolk county commissioner or a designee; a representative from a norfolk county food pantry; and a representative from the norfolk county farm bureau.
The commission shall study the increase in childhood hunger and access to food in norfolk county as a result of the COVID-19 pandemic. The commission shall evaluate the causes and solutions for childhood hunger in norfolk county and generate a report which shall examine:
(i) childhood hunger in norfolk county prior to and during the COVID-19 pandemic;
(ii) causes of childhood hunger in norfolk county as a result of the COVID-19 pandemic;
(iii) projected impact of increase in hunger on children in norfolk county, including but not limited to, educational development and health;
(iv) methods for accessing food in norfolk county, including but not limited to, access to grocery stores, food banks, food pantries, and school meal programs;
(v) types of foods being distributed by food banks and food pantries in norfolk county, including the nutritional value of said foods;
(vi) methods for improving access to food in norfolk county; including but not limited to, increased food distribution programs through schools, food banks and food pantries; and
(vii) solutions to aid childhood hunger in norfolk county, including but not limited to, state financial assistance, the development of food access network within norfolk county, and proposed legislation.
The commission shall make recommendations regarding actions required to alleviate childhood hunger in norfolk county. In addition, the commission shall consider issues related to disparities in nutrition and access to food, and the impact of hunger on children’s educational development and health.
Not later than December 31, 2021, the commission shall submit a written report of its findings and recommendations, together with any proposed legislation, to the clerks of the senate and the house of representatives.
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An Act to update the public shade tree law
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S1280
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SD365
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T16:39:57.997'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T16:39:57.9966667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T13:02:35.0566667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T17:04:37.0766667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-24T11:13:01.03'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T14:01:42.06'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1280) of Cynthia Stone Creem, Steven Owens, James K. Hawkins and Patricia D. Jehlen for legislation to regulate the powers of tree wardens in municipalities in the Commonwealth. Municipalities and Regional Government.
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SECTION 1. Chapter 87 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 2 and inserting in place thereof the following section:-
Section 2. The tree warden of a town or city may appoint and remove deputy tree wardens. The tree warden and the deputy tree wardens shall receive such compensation as the town or city determines. The tree warden shall have the care and control of all public shade trees, shrubs and growths in the town or city, except those in public parks or open places under the jurisdiction of the park commissioners, unless otherwise designated in writing by the park commissioners, and shall enforce all the provisions of law for the preservation of such trees, shrubs and growths. The tree warden shall expend all money appropriated for the setting out and maintenance of such trees, shrubs and growths. No tree shall be planted within a public way without the approval of the tree warden. The tree warden may propose regulations for the care and preservation of public shade trees to be approved by the local governing body of a town or city selectmen, which shall have the effect of town by-laws, and may establish fines and forfeitures for violations thereof pursuant to rules and regulations promulgated under section 15.
SECTION 2. Said chapter 87, as so appearing, is hereby further amended by striking out section 5 and inserting in place thereof the following section:-
Section 5. Tree wardens and deputy tree wardens, but no other person, may, without a hearing, trim, cut down or remove trees, less than 4 inches in diameter 1 foot from the ground, and bushes, standing in public ways; and, if ordered by the mayor, selectmen, road commissioners or highway surveyor, shall trim or cut down trees and bushes that, following an inspection based on accepted industry or government arboricultural standards for the determination of hazardous or dangerous trees, are deemed to obstruct, endanger, hinder or incommode persons traveling thereon or to obstruct buildings being moved pursuant to the provisions of section 18 of chapter 85. Nothing in this chapter shall prevent the trimming, cutting or removal of any tree which endangers persons traveling on a highway or poses an imminent threat to persons or property by the proper state or municipal authority. In all other instances, the person seeking to trim, cut or remove a tree from the public way shall consult with the tree warden. Nothing herein shall interfere with the suppression of pests declared to be public nuisances pursuant to section 11 of chapter 132, including the Dutch elm disease.
SECTION 3. Said chapter 87, as so appearing, is hereby further amended by striking out section 6 and inserting in place thereof the following section:-
Section 6. A violation of the provisions in sections 3 to 5, inclusive, shall be punished by forfeiture of not more than the assessed value of the tree or trees pursuant to rules and regulations promulgated under section 15. Such monies shall be collected for use by the city or town.
SECTION 4. Section 9 of said chapter 87, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Whoever affixes to a tree in a public way, or places a notice, sign, advertisement or other thing, whether in writing or otherwise, or cuts, paints or marks such tree, except for the purpose of protecting it or the public and under a written permit from the officer having the charge of such trees in a city or from the tree warden in a town, or from the department in the case of a state highway, shall be punished by a fine pursuant to rules and regulations promulgated under section 15.
SECTION 5. Section 12 of said chapter 87, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Whoever wantonly injures, defaces or destroys a shrub, plant or tree, or fixture of ornament or utility, in a public way or place or in any public enclosure, or negligently or wilfully suffers an animal or vehicle driven by or for him or belonging to him to injure, deface or destroy such shrub, plant, tree or fixture, shall be punished by a fine of not more than 500 dollars, and shall be liable to the town, city or any person for all damages relating to their interest in the shrub, plant, tree or fixture caused by such act.
SECTION 6. Section 13 of said chapter 87, as so appearing, is hereby amended by inserting at the end thereof the following sentence:- In accordance with section 106 of chapter 41, the tree warden in any city or town which exceeds 10,000 residents shall be qualified by training and experience in the field of arboriculture and licensed with the department of agricultural resources in accordance with the provisions of section 10 of chapter 132B. A qualified tree warden shall be defined as a person who has completed a degree in a forestry or natural resource management field, has attained certification from the International Society of Arboriculture or through the Massachusetts Certified Arborist Program of the Massachusetts Arborists Association or other equivalent professional certification or, for communities with less than 10,000 residents, completed a series of Professional Development courses offered by the Massachusetts Tree Wardens and Foresters Association or equivalent training.
SECTION 7. Chapter 87 of the General Laws is hereby amended by inserting after section 14 the following section:-
Section 15. The department of conservation and recreation shall promulgate rules and regulations pertaining to this chapter.
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An Act expanding the powers of the town of Brookline to delegate licensing authority
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S1281
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SD664
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T16:29:52.187'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T16:29:52.1866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1281/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1281) of Cynthia Stone Creem (by vote of the town) for legislation to amend section 5 of chapter 270 of the Acts of 1985, as amended, to authorize delegation by general by-law of all select board licensing authority. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Chapter 270 of the acts of 1985 is hereby amended by striking out section 5 and inserting in place thereof the following section:-
Section 5. Notwithstanding chapters 138, 140 or 148 of the General Laws or any other general or special law to the contrary, the town may, through its by-laws, delegate any licensing authority.
SECTION 2. This act shall take effect upon its passage.
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[{'Description': 'SD664 -- Brookline', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16096&title=SD664%20--%20Brookline'}]
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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An Act authorizing the expenditure of $500,000 from town of Brookline marijuana mitigation stabilization fund for purpose of advancing racial equity in the town of Brookline
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S1282
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SD665
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T16:32:58.547'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T16:32:58.5466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1282/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1282) of Cynthia Stone Creem (by vote of the town) for legislation to authorize the expenditure of $500,000 from town of Brookline marijuana mitigation stabilization fund for purpose of advancing racial equity in the town of Brookline. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Notwithstanding section 3 of chapter 94G of the General Laws, section 5B of chapter 40, section 53 of chapter 44 of the General Laws, or any other general or special law to the contrary, the Town of Brookline is authorized to spend $500,000 from the Town’s Marijuana Mitigation Stabilization Fund (consisting of funds derived from Host Community Agreement mitigation fees from licensed cannabis establishments) for the purpose of supporting projects, programs and initiatives that advance racial equity and racial justice within the Brookline community. Such monies shall be expended in conformity with Select Board regulations and/or such terms as the Select Board may specify.
SECTION 2. This act shall take effect upon its passage.
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[{'Description': 'SD665 -- Brookline', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16097&title=SD665%20--%20Brookline'}]
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An Act exempting the town of Brookline from in-person quorums
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S1283
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SD666
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T16:35:20.157'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T16:35:20.1566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1283/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1283) of Cynthia Stone Creem (by vote of the town) for legislation to exempt the town of Brookline from in-person quorums. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. The town of Brookline shall be exempt from the provision of subsection (d) of section 20 of chapter 30A of the General Laws requiring that a quorum of a public body, including the chair, be present at an in-person meeting location in order for the attorney general to authorize remote participation by members of such public body pursuant to said subsection (d) of said section 20 of said chapter 30A.
SECTION 2. This act shall take effect upon its passage.
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[{'Description': 'SD666 -- Brookline', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16098&title=SD666%20--%20Brookline'}]
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An Act authorizing the establishment of a betterment loan program for the funding of electrification initiatives in the town of Brookline
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S1284
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SD2478
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-02-28T11:52:16.33'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-02-28T11:52:16.33'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-02-28T11:52:16.3933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1284/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1284) of Cynthia Stone Creem and Tommy Vitolo (by vote of the town) for legislation to authorize the establishment of a betterment loan program for the funding of electrification initiatives in the town of Brookline. Municipalities and Regional Government. [Local approval received]
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SECTION 1. As used in this act, the term “electrification” shall mean the installation or removal of structures or equipment for the purpose of powering a residential home or structure by means of electricity or removing a fossil-fuel energy system, including, but not limited to, energy efficiency measures, the installation of solar panels or electric appliances, the removal of fossil fuel heating equipment or appliances and the related equipment, structures and labor and other costs associated with such activities.
SECTION 2. Notwithstanding any general or special laws to the contrary, the town of Brookline may create and administer a loan program, using municipal betterments, to provide low-interest loans to qualifying households for the electrification of residential households.
SECTION 3. The town of Brookline may enter into a written agreement with any property owner to finance the payment of expenses for the installation or removal of equipment or structures, including related labor and other costs and expenses, for the electrification of a residential structure. A property owner who enters into such an agreement with the town shall be responsible for all expenses incurred by the town for such installation.
SECTION 4. A notice of an agreement entered into pursuant to this act shall be recorded as a betterment and be subject to the provisions of chapter 80 of the General Laws relative to the apportionment, division, reassessment, abatement and collections of assessments and to interest; provided, however, that for purposes of this section, a lien shall take effect by operation of law on the day immediately following the due date of such assessment or apportioned part of such assessment and such assessment may bear interest at a rate determined by the treasurer of the town of Brookline by agreement with the owner at the time such agreement is entered into between the town and the property owner. In addition to remedies available under said chapter 80, the property owner shall be personally liable for the repayment of the total costs incurred by the town under this section; provided, however, that upon the conveyance of such property, the obligations of this act shall be assumed by the transferee and the owner shall be relieved of such personal liability; provided further, that the owner remains responsible for any unpaid obligations that accrued prior to the transfer of the property.
SECTION 5. Any costs incurred under this act may be funded by an appropriation or issuance of debt by the town of Brookline; provided, however, that any debt incurred shall be subject to chapter 44 of the General Laws and shall not exceed 20 years. Any appropriation or borrowing by the town for purposes contained within this section shall not be included in the computation of the levy or borrowing limits otherwise imposed upon the town by the General Laws.
SECTION 6. An agreement between a property owner and the town of Brookline pursuant to this act shall not be considered a breach of limitation or prohibition contained in a note, mortgage or contract on the transfer of an interest in property.
SECTION 7. The town of Brookline shall implement the program under this act through the adoption of regulations by the select board of the town following a public hearing.
SECTION 8. A decision by the town of Brookline to extend or deny a loan pursuant to a program established under this act shall be discretionary. Any legislative determination by the town shall be final and conclusive and shall not be reviewable in any court.
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[{'Description': 'S1284 -- Brookline', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16263&title=S1284%20--%20Brookline'}]
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An Act authorizing the town of Brookline to amend its community choice aggregation plan
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S1285
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SD2479
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-02-28T11:54:51.207'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-02-28T11:54:51.2066667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-02-28T11:57:58.9033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1285/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1285) of Cynthia Stone Creem and Tommy Vitolo (by vote of the town) for legislation to authorize the town of Brookline to amend its community choice aggregation plan. Municipalities and Regional Government. [Local approval received]
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SECTION 1. Notwithstanding any general or special law to the contrary, the town of Brookline may amend the municipal load aggregation plan previously approved by the department of public utilities pursuant to section 134 of chapter 164 of the General Laws. Following authorization by a majority vote of town meeting, such amendments shall be filed with the department for its final review and approval. Prior to its decision, the department shall conduct a public hearing. The department shall not review any section of the town’s load aggregation plan that has not been altered from the town’s load aggregation plan last approved by the department except to the extent that proposed amendments to the plan change the meaning or operation of such unaltered section.
The department shall approve the amendments set forth in this section. The amended load aggregation plan may authorize the aggregated entity, Brookline’s Community Choice Aggregation program, known as Brookline Green Electricity, to charge all participating ratepayers an excise of up to $0.02 per kWh to fund programs to:
(i) build in the town solar energy generation facilities or energy storage systems; and
(ii) accelerate the adoption of electric energy infrastructure in new buildings and in existing buildings with fossil fuel infrastructure.
The amended load aggregation plan may authorize the aggregated entity to charge all participating ratepayers an excise of up to $0.13 per kWh to fund or enable:
(i) demand-response programs that enable program participants to reduce their electricity costs by taking advantage of time-varying rates; and
(ii) investments in renewable energy or energy storage infrastructure that would reduce net rates for program participants over the lifetime of the installed infrastructure.
The aggregation plan may authorize the aggregated entity to offer ratepayers a reduced rate in exchange for agreement to pay an early termination fee. The aggregation plan may require that participating ratepayers install or permit the installation of advanced meter infrastructure for the purpose of providing the aggregated entity with time-varying use data and may provide for a discounted rate for participating ratepayers’ electric vehicle charging or other electrical consumption costs during off-peak or other hours or demand response periods.
The aggregated entity is authorized to access the time-varying data from advanced meter infrastructure to the same extent that such data is made available to local electricity distribution companies.
Participation by any retail customer in the amended load aggregation program shall be voluntary.
An amended aggregation plan shall take effect 30 days following its approval by the department.
Ratepayers participating in the existing load aggregation program shall be automatically enrolled in the amended plan. Once enrolled in an amended plan, any ratepayer choosing to opt out within 180 days shall be entitled to receive basic service. Nothing in this section shall authorize the town to restrict the ability of retail electric customers to obtain or receive service from any authorized provider of electricity supply.
The aggregated entity shall fully inform participating ratepayers in advance of automatic enrollment that they are to be automatically enrolled and that they have the right to opt-out of the aggregated entity plan. In addition, such disclosure by the aggregated entity shall prominently state all charges to be made and shall include full disclosure of the basic service rate and how to access it.
SECTION 2. This act shall take effect upon its passage.
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[{'Description': 'S1285 -- Brookline', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16264&title=S1285%20--%20Brookline'}]
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An Act to prevent nonprofit institutions from avoiding wetlands or natural resource protections under the so-called Dover Amendment
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S1286
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SD616
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T13:15:14.067'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T13:15:14.0666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1286/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 1286) of Brendan P. Crighton for legislation to prevent nonprofit institutions from avoiding wetlands or natural resource protections under the so-called Dover Amendment. Municipalities and Regional Government.
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SECTION 1. The General Court hereby finds and declares that the use of the so-called Dover amendment by nonprofit institutions to avoid wetland or natural resource area protections may be harmful to the public health and environment.
SECTION 2. Section 3 of chapter 40A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 53, the words “restrict the” and inserting in place thereof the following words:- restrict, other than through wetlands or natural resource area protections, the.
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An Act providing for pre-service training for members of local boards and commissions
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S1287
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SD218
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:04:59.893'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:04:59.8933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1287/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1287) of Julian Cyr for legislation to provide for pre-service training for members of local boards and commissions. Municipalities and Regional Government.
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SECTION 1. Chapter 17 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following new section:-
7B. The department shall establish, conduct and maintain an annual program of education and training for all new members of local boards of health; provided, however, that the department shall consult with the Massachusetts Municipal Association in the development of said program; provided, further, that the department may contract with the Massachusetts Association of Boards of Health to provide such education and training. All education and training courses shall be free of charge to board members and shall be offered in various locations throughout the commonwealth and by online only methods.
SECTION 2. Chapter 21A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section fifteen the following new section:-
15A. The department of environmental protection shall establish, conduct and maintain an annual program of education and training for all new members of local conservation commissions; provided, however, that the department shall consult with the Massachusetts Municipal Association in the development of said program; provided, further, that the department may contract with the Massachusetts Association of Conservation Commissions to provide such education and training. All education and training courses shall be free of charge to commission members and shall be offered in various locations throughout the commonwealth and by online only methods.
SECTION 3. Section 3 of Chapter 23B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following new subsection:-
(w) establish, conduct and maintain an annual program of education and training for all new members of local planning boards and zoning boards of appeals; provided, however that the department shall consult with the Massachusetts Municipal Association regarding in development of said program; provided, further, the department may contract with the Massachusetts Citizen Planning Training Collaborative at the University of Massachusetts to provide such education and training. All education and training courses shall be free of charge to board members and shall be offered in various locations throughout the commonwealth and by online only methods.
SECTION 4. Section 8C of Chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following new paragraph:-
The members of the commission shall complete such training programs conducted or sponsored by the department of environmental protection under the provisions of Section 15A of Chapter 21A prior to their service on the commission.
SECTION 5. Section 12 of Chapter 40A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following new paragraph:-
The members of the board shall complete such training programs conducted or sponsored by the department of housing and community development under the provisions of Section 3 of Chapter 23B prior to their service on the board.
SECTION 6. Section 81A of Chapter 41 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following new paragraph:-
The members of the board shall complete such training programs conducted or sponsored by the department of housing and community development under the provisions of Section 3 of Chapter 23B prior to their service on the board.
SECTION 7. Section 26 of Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the fifth sentence the following new sentence:- The members of the board shall complete such training programs conducted or sponsored by the department of public health under the provisions of Section 7B of Chapter 17 prior to their service on the board.
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An Act authorizing the County Commissioners of Dukes County to appoint a treasurer who may not be a resident of the county
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S1288
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SD434
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:40:28.903'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T21:40:28.9033333'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-15T21:40:33.2166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1288/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1288) of Julian Cyr and Dylan A. Fernandes for legislation to authorize the County Commissioners of Dukes County to appoint a treasurer who may not be a resident of the county. Municipalities and Regional Government.
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SECTION 1. Notwithstanding the provisions of section 1 of chapter 35, section 1 of chapter 55, section 160 of chapter 54, section 143 of chapter 54 of the General Laws, or any other general or special law, rule, regulation to the contrary, the treasurer for the county of Dukes County need not be a resident of the County.
SECTION 2. Upon the effective date of this Act, the current appointed treasurer shall continue in that position and perform the duties thereof, until the expiration of the term for which he or she was appointed. Upon a future vacancy by removal or otherwise, the commissioners may appoint a county treasurer in accordance with section 1.
SECTION 3. This act shall take effect upon its passage.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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An Act relative to installing solar energy systems in historic districts
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S1289
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SD1859
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T10:11:28.187'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-20T10:11:28.1866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1289/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1289) of Julian Cyr for legislation relative to installing solar energy systems in historic districts. Municipalities and Regional Government.
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SECTION 1. Section 4 of chapter 40C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 12, the word “and”.
SECTION 2. Said section 4 of chapter 40C of the General Laws, as so appearing, is hereby amended by inserting, in line 13, after the word “area” the following words:-
“ , at least one building contractor with no less than 5 years of experience in the historical building trade, and one solar energy systems industry representative. If the building contractor is also an industry representative, only one member is needed. Contractors and industry representatives must be appointed annually.”
SECTION 3. Section 7 of chapter 40C of the General Laws, as so appearing, is hereby amended by striking out the last sentence.
SECTION 4. Said section 7 of chapter 40C of the General Laws, as so appearing, is hereby amended by inserting after the word “access.”, in line 17, the following sentences:-
“Historic district commissions must give a written notice of a denial of a solar energy system application to the applicant within 14 days of its filing and post a fully signed copy on the internet website of their governing municipality within three days of issuance. As part of the notice, an applicant must be provided with rationale for the denial, including but not limited to: (i) criterion that triggered the rejection; (ii) how the proposal meets the criterion; and (iii) recommend changes to the application that would improve the chance of approval upon resubmission.”
SECTION 5. Section 11 of chapter 40C of the General Laws, as so appearing, is hereby amended by striking out the wording, in lines 37 and 38, after the word “if” and inserting in place thereof the following wording:-
“applicants for solar energy system installations can secure a waiver from the hearing with the written signature of five property owners within a mile of the residence or commercial structure in question, upon which the panels will be built.”
SECTION 6. Section 12 of chapter 40C of the General Laws, as so appearing, is hereby amended by inserting after the last sentence of the first paragraph the following sentence:-
“The appellate body should overrule the historic district commission decision if it violates prior documented criterion from that historic district commission for approval of residential solar energy system installation.”
SECTION 7. Notwithstanding any general or special law to the contrary, there shall be a special state-wide commission to design, standardize, and draft suggested guidelines for compliant solar energy system installations within historic districts by December 1, 2022. The commission may include representatives of the Massachusetts Municipal Association, the Metropolitan Area Planning Council, the solar installation industry, regional planning agencies, and historic district commissions within each county in Massachusetts to study matters relative to the rights of residents or landowners within a historic district to install arrays of solar energy systems on land or buildings. If a district requires a modification of the State guidelines, they must file an exemption clause to their regional planning agency justifying their need to add or remove a clause and shall upload their specific guidelines to their internet website.
SECTION 8. Section 9(b) of chapter 395 of the acts of 1970, as amended by section 2 of Chapter 57 of the acts of 2000, is hereby further amended by inserting after the word “vicinity” the following words:-
“ and outside the Old Historic Districts of Town and Sconset the Historic District Commission shall allow for the visible integration of solar panels and renewable energy systems,”
SECTION 9. The Old Kings Highway Historic District Commission, as established by chapter 470 of the Acts of 1973, shall allow for the integration and installation of solar panels and other renewable energy systems on real private property within the historic district, provided that such installation maintains principals of minimal visual impact, which, for the purposes of this section, is defined as installation of new ecological technologies, including, but not limited to, solar energy systems, within historic districts, shall be done in a manner that minimizes how visible the installation is in relation to Massachusetts State Highway Route 6A and, to the extent possible, while ensuring the integrity of the installation, avoids making significant changes to preexisting historical architecture.
SECTION 10. Section 7 of chapter 470 of the Acts of 1973 is hereby amended by inserting after the word “act” at the end of the first paragraph the following:- “; nor shall anything in this act be construed to prevent the erection, construction, reconstruction, restoration, alteration or demolition of any such existing feature which is done to increase the energy efficiency of any building or structure, including, but not limited to the installation of solar panels, and other renewable energy systems, within the district”.
SECTION 11. Section 12 of chapter 470 of the acts of 1973 is hereby repealed.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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An Act relative to medication-assisted treatment
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S129
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SD1391
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T15:27:16.71'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T15:27:16.71'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S129/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 129) of John C. Velis for legislation relative to medication-assisted treatment. Children, Families and Persons with Disabilities.
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SECTION 1. Section 51A of chapter 119 of the general laws is hereby amended in subsection (a) in the first paragraph by striking out the words:-
(iii) physical dependence upon an addictive drug at birth,
SECTION 2. Said section 51A is hereby further amended by inserting after subsection (a) the following new subsection:-
(a ½) An indication of prenatal parental substance use at the time of the delivery of an infant does not, in of itself, meet the requirements of subsection (a). However, a mandatory reporter shall file a written report following in the following circumstances:
(i) there is an indication of prenatal substance use by the birthing parent; and
(ii) the mandated reporter has reasonable cause to believe that the parent(s) will continue to use substances in such a manner that would render them unable to fulfill the basic needs of the infant upon discharge from the hospital, or if other factors are present that indicate current and substantial risk of harm to a child’s health or welfare.
SECTION 3. Chapter 111 of the general laws is hereby amended by inserting in Section 1 the following:
“Plan of Safe Care”, a family care plan designed to ensure the safety and well-being of an infant with prenatal substance exposure following his or her release from the care of a healthcare provider by addressing the health and substance use treatment needs of the infant and affected family or caregiver.
SECTION 4: Chapter 111 of the general laws is hereby amended by inserting after section 51K the following section:-
Section 51L. (a) The Department of Public Health in consultation with the Department of Children and Families shall promulgate regulations and corresponding guidance for all healthcare providers who care for perinatal patients and/or newborns detailing the roles and responsibilities of staff related to the requirement that healthcare providers must:
(1) Screen, conduct a brief intervention, and provide referrals to treatment services in order to identify and respond to prenatal substance use;
(2) Notify the Department of Public Health of all births of infants who were prenatally exposed to substances pursuant to the requirements of the federal Child Abuse Prevention and Treatment Act.
(3) Prior to postnatal discharge, determine whether to file a report of suspected child abuse or neglect as required by section 51A of chapter 119 and identify if a plan of safe care, as defined in section 1 of chapter 111, has been developed;
(4) Assess family needs, develop a plan of safe care if indicated, and refer families to appropriate services, as directed by the Department of Public Health and pursuant to the federal Child Abuse Prevention and Treatment Act.
(b) The Department of Public Health shall develop a plan to receive notifications of substance exposed births, as defined in regulation under subsection (a) of this section, directly from healthcare providers and shall collect data for reporting in a manner that is in compliance with the federal Child Abuse Prevention and Treatment Act .
(c) The Department of Public Health shall establish a program to ensure perinatal individuals, families, and providers have access to services designed to support the development and implementation of an effective plan of safe care, including services addressing the health and substance use disorder treatment needs of the infants and affected family or caregivers, as required by the federal Child Abuse Prevention and Treatment Act. Said program shall include a central system perinatal individuals, families and providers can contact to receive information and referrals, as well as a system of community-based services to meet the behavioral health, parenting, and child development needs of families affected by substance use and substance use disorders, subject to appropriation.
(d) The Department of Children and Families shall provide, and the Department of Public Health shall receive, submissions of data from the Department of Children and Families to the Public Health Data Warehouse in order to facilitate ongoing quality assurance and evaluation projects related to this statute and other family-service initiatives.
(e) The Department of Public Health shall provide data to the Department of Children and Families on all births of infants who were prenatally exposed to substances in a form and manner that is compliant with the requirements of the federal Child Abuse Prevention and Treatment Act, provided that said data shall not include personally identifiable information.
SECTION 5. (a) The department of the children and families, department of public health and the office of the child advocate shall develop a report to study of the impact of this legislation on child abuse and neglect reports made under Section 51A of chapter 119 and compliance with the federal Child Abuse Prevention and Treatment Act. The departments shall consider
(1) Any disparate impact, including disparate racial impact, of these changes in statute;
(2) Any impact the statutory changes may have had on child safety;
(3) Gaps in services; and
(4) Any additional statutory or regulatory changes that may be needed.
(b) The report shall include
(1) An examination of child abuse and neglect reports related to an infant’s exposure at birth to substances that were ultimately screened out by the department of children and families;
(2) An examination of reports of infants who were exposed to substances; at birth that did not result in a child abuse and neglect report, and whether there was a subsequent report of abuse or neglect of the same child within one year of birth;
(3) The demographics, including race and ethnicity, of both the child and the parents that are the subject of reports described in subsection (1) and (2).
(c) If feasible, said report shall include relevant aggregate quantitative data on all cases that meet the criteria specified in subsection (b)(1) and (b)(2) above, as well as a qualitative analysis that includes a review of case notes in the database maintained by the department of children and families for a sample of cases.
(d) No later than 18 months after the effective date of this legislation the department of children and families, the department of public health and the office of the child advocate shall file an interim report of their findings with the clerks of the senate and house of representatives, the senate committee on ways and means, the house committee on ways and means, the joint committee on children, families, and person with disabilities, and the joint committee on mental health, substance use and recovery.
(e) No later than three years after the effective date of this legislation, the department of children and families, the department of public health, and the office of the child advocate shall file a final report of their findings with the clerks of the senate and house of representatives, the senate committee on ways and means, the house committee on ways and means, the joint committee on children, families, and person with disabilities, and the joint committee on mental health, substance use and recovery.
SECTION 6. Sections 1 and 2 shall be effective eighteen months after the passage of this legislation.
SECTION 7. Sections 3 and 4 shall be implemented and effective twelve months after the passage of this legislation.
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An Act amending the charter of the city of Everett
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S1290
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SD769
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T12:03:51.84'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T12:03:51.84'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1290/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1290) of Sal N. DiDomenico for legislation to amend the charter of the city of Everett. Municipalities and Regional Government. [Local Approval Received.]
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[]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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An Act promoting a foundation for universal childcare
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S1291
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SD1510
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-05T11:37:46.983'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-05T11:37:46.9833333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-09T11:53:04.4933333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T13:46:59.1333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T19:08:43.53'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T20:07:23.4266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1291/DocumentHistoryActions
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 1291) of Lydia Edwards, Michael D. Brady, Jason M. Lewis, James B. Eldridge and others for legislation to promote a foundation for universal childcare. Municipalities and Regional Government.
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Section 3 of chapter 40A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following paragraph:-
Family child care home and large family child care home, as defined in section 1A of chapter 15D, shall be an allowable use and no city or town shall prohibit or regulate such use in a private residence in its zoning ordinances or by-laws.
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An Act authorizing local control of waste collection hours of operation
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S1292
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SD1653
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-19T18:41:53.63'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-19T18:41:53.63'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1292/DocumentHistoryActions
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 1292) of Lydia Edwards for legislation to authorize local control of waste collection hours of operation. Municipalities and Regional Government.
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SECTION 1. Section 31A of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 4, the word “town;” and inserting in place thereof the following words:- town. Said board of health may restrict the hours in which business, residential, or commercial garbage, offal or other offensive substances may be collected in areas zoned for residential or commercial use;
SECTION. 2 Section 31A of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words “business, commercial or”.
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An Act providing for the establishment of sustainable water resource funds
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S1293
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SD140
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T09:35:16.057'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T09:35:16.0566667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T15:20:53.7733333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T18:00:26.5366667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T15:24:45.3233333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-16T09:49:43.4066667'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-05-31T07:42:15.6833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1293/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1293) of James B. Eldridge, Lindsay N. Sabadosa, Vanna Howard, Angelo J. Puppolo, Jr. and others for legislation to provide for the establishment of sustainable water resource funds. Municipalities and Regional Government.
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Chapter 40 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 39M the following new section:-
Section 39N. (a) Notwithstanding any general or special law to the contrary, a city, town, water district, wastewater district, stormwater utility or statutory authority created to operate a water distribution or wastewater collection system or stormwater system which accepts this section may collect a reasonable fee to be used exclusively for measures to remedy and offset the impacts on the natural environment of new and/or increased water withdrawals, sewering, wastewater discharges, stormwater discharges or impairment of recharge of groundwater through depletion of ground or surface waters, and to sustain the quantity, quality and ecological health, of waters of the commonwealth. Such measures to remedy and offset these impacts include without limitation, local recharge of stormwater and wastewater; redundant water sources; reductions in loss from drinking water systems, treatment of drinking water or interconnections with other systems for the purposes of optimizing water supply sources for environmental benefit; expansion of stormwater treatment and wastewater treatment systems; reuse of water; removal of sewer infiltration and inflow; water conservation; retrofits of existing buildings and parking lots with low impact development methods; removal of dams; improvements to aquatic habitat; development of integrated water resources management plans, studies and planning to mitigate environmental impacts; and, land acquisition for the protection of public water supply sources, siting of decentralized wastewater facilities, stormwater recharge sites or for riparian habitat. The fee, which may be based on retaining within the basin or saving at least one gallon, but no more than ten gallons, for every gallon of increased water or sewer demand, or net impairment of recharge shall be assessed in a fair and equitable manner and separate fees may be established for different types of uses, such as residential and commercial uses.
(b) When adopting this section, the city, town, district or statutory authority shall designate the board, commission, or official responsible for assessing, collecting, and expending such fee. Fees assessed pursuant to this section shall be deposited by the designated board, commission, or official in separate accounts classified as "Sustainable Water Resource Funds" for drinking water, wastewater or stormwater. The principal and interest thereon shall be expended at the direction of the designated board, commission, or official without further appropriation. These Funds shall not be used for any purpose not provided in this section. These Funds may also receive monies from public and private sources as gifts, grants, and donations to further water conservation, water return or water loss prevention; from the federal government as reimbursements, grants-in-aid or other receipts on account of water infrastructure improvements; or fines, penalties or supplemental environmental projects. Any interest earned from whatever source shall be credited to and become part of said Fund.
(c) A city, town, district, or authority that has accepted this section may in the same manner revoke its acceptance. Monies remaining in the fund shall be expended in a manner consistent with this section.
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An Act encouraging municipal recycling and composting
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S1294
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SD149
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:38:15.78'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:38:15.78'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T15:20:19.36'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T17:59:54.3'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1294/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1294) of James B. Eldridge, Lindsay N. Sabadosa and Vanna Howard for legislation to encourage municipal recycling and composting. Municipalities and Regional Government.
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SECTION 1. Section 8H of Chapter 40 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the first two paragraphs and inserting in place thereof the following:-
Each city, town, or district shall establish a recycling program for the purpose of recycling any type of solid waste including but not limited to paper, glass, metal, rubber, plastics, used tires and compostable waste. A recycling program established pursuant to this section shall require that all residents, schools and businesses separate recyclables from their solid waste. The program may be established for groups of cities, towns or districts upon agreement of all municipalities or districts in a joint program. In cities and towns in which solid waste is collected at the curbside, the recycling program may include curbside collection of such recyclables. In cities and towns in which residents, schools or businesses may take their solid waste to a municipal landfill or transfer station, the recycling program shall include provision for the separation and storage at such landfill or transfer station of the solid waste being disposed by such resident, schools or businesses, and may include collection of recyclables at the curbside.
A recycling program established pursuant to this section shall require all owners of an apartment building having three or more units and any condominium association consisting of three or more units to provide the means and materials necessary to allow tenants or owners in those units to participate in a recycling program in the manner determined by the city, town, or district.
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An Act relative to the effective enforcement of municipal ordinances and by-laws
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S1295
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SD1229
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-18T17:52:38.61'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-18T17:52:38.61'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-06T11:03:20.3866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1295/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1295) of James B. Eldridge for legislation relative to the effective enforcement of municipal ordinances and by-laws. Municipalities and Regional Government.
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SECTION 1. Section 21D of chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 46, the word “three” and inserting in place thereof the following word:- five.
SECTION 2. Said section 21D of said chapter 40, as so appearing, is hereby further amended by adding the following paragraph:-
Notwithstanding this section or any other general or special law to the contrary, in any suit in equity brought in the superior court, district court or the land court by a city or town, or a municipal agency, officer, board or commission having enforcement powers on behalf of the city or town, to enforce an ordinance or by-law, or a rule, regulation or order described in this section, the court, upon a finding that the violation occurred, may assess a civil penalty in accordance with this section and section 21, and reasonable attorneys fees and costs. Civil penalties assessed under this paragraph shall be in addition to any equitable relief ordered by the court and shall be paid to the city or town for use as the city or town may determine. In assessing a penalty under this paragraph, the court shall consider: (1) whether the violation was willful or negligent; (2) the harm to the public health, safety or environment resulting from the violation; (3) the economic benefit gained by the defendant as a result of the violation; (4) the cost to the city or town resulting from the violation; (5) the history of noncompliance by the defendant; and (6) whether the defendant made good faith efforts to cure or cease the violation of the ordinance or by-law after the first notice by the city or town of such violation.
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An Act regulating certain insurance benefits for elected officials in the town of Blackstone
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S1296
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SD1564
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-17T12:20:59.237'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-17T12:20:59.2366667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-07-27T16:59:33.92'}]
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1296) of Ryan C. Fattman (by vote of the town) for legislation to regulate certain insurance benefits for elected officials in the town of Blackstone. Municipalities and Regional Government. [Local approval received]
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SECTION 1. Notwithstanding chapter 32B of the General Laws or any other general or special law to the contrary, an elected or appointed official of the town of Blackstone who receives a stipend shall not be eligible for participation in the town’s contributory health and life insurance plans unless the official pays to the town 100 percent of the cost of participation in the plans, plus any administrative costs that may be assessed by the Board of Selectmen.
SECTION 2. Notwithstanding Section 1, the Town Clerk and Treasurer-Collector shall remain eligible for participation in the town’s contributory health and life insurance plans at the same rate of contribution as nonunion employees of the Town.
SECTION 3. Section 1 shall apply starting with the successor to each incumbent stipend elected or appointed official at the time this act takes effect and shall not affect the eligibility or contribution rate for any current stipend elected or appointed officials of the Town of Blackstone for the Town’s contributory health and life insurance plans so long as such officials hold their current position.
SECTION 4. This act shall take effect upon its passage.
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[{'Description': 'SD1564 -- Blackstone', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16220&title=SD1564%20--%20Blackstone'}]
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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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[]
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An Act authorizing the town of Wales to establish a department of public works
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S1297
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SD1658
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-19T10:24:44.52'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-19T10:24:44.52'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-04-10T10:59:30.98'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1297/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1297) of Ryan C. Fattman (by vote of town) for legislation to establish a department of public works in the town of Wales. Municipalities and Regional Government. [Local approval received]
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SECTION 1. Notwithstanding any general or specific law, rule or regulation to the contrary, there shall be a department of public works in the Town of Wales. The select board shall appoint a department of public works director, to serve at its discretion, and may remove the director after opportunity for a hearing. The director shall have all the powers, perform the duties and be subject to the liabilities and penalties now or hereafter conferred and imposed by law on town road commissioners. Additionally, the department shall exercise the powers and duties of public works operations of the town not assigned to other departments of the town. The Board of Selectmen may establish an employment contract, subject to annual appropriation, with the director for salary, fringe benefits and other conditions of employment, including, but not limited to, severance pay, reimbursement for expenses incurred in the performance of the duties of office, liability insurance and conditions of discipline, termination, dismissal, reappointment, performance standards and leave.
SECTION 2. The department of public works established by section 1 of this act may, by bylaw, be granted additional operational powers and duties; provided, however, that all policy making functions assigned to a particular officer or board by statute shall remain the responsibility of such officer or board. Such operational powers and duties could include, but not be limited to: park and recreation construction and maintenance; tree and moth; building and grounds maintenance at municipal buildings, excluding the school department; other related construction and operations assigned from time to time by bylaw as the town meeting considers necessary or desirable.
SECTION 3. Upon the effective date of this act, the elected office of road commissioner shall be abolished and the term of the incumbent of such office terminated. Notwithstanding the foregoing, the elected incumbent holding the office of road commissioner on the effective date of this act shall serve as the first appointed road commissioner and perform the duties of such office until the expiration of the term for which the Town road commissioner was elected or sooner vacates the office and until a director is appointed by the Board of Selectmen in accordance with section 1 of this act.
SECTION 4. No contracts or liabilities in force on the effective date of this act shall be affected by the abolition of the elected office of road commissioner or the creation of the appointed office of department of public works director who shall be the lawful successor of the office so abolished. All records, property and equipment of the offices of the elected road commissioner shall, by operation of law, be assigned to the office of the appointed department of public works director as of the effective date of this act.
SECTION 5. This act shall take effect upon its passage.
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[{'Description': 'SD1658 -- Wales', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=14988&title=SD1658%20--%20Wales'}, {'Description': 'S1297 -- Wales', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16880&title=S1297%20--%20Wales'}]
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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 authorizing municipal use of the prudent investor standards
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S1298
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SD80
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:29:50.64'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:29:50.64'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1298/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 1298) of Anne M. Gobi for legislation to authorize municipal use of the prudent investor standards. Municipalities and Regional Government.
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SECTION 1. Section 54 of chapter 44 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting the following subtitle:
“(a) General Rule:”
Section 2. Said section is hereby amended by inserting at the end thereof, the following subsection:-
(b) Prudent Investor Rule
This paragraph shall take effect in any city, town or district upon acceptance in accordance with the provisions of General Laws Chapter 4, Section 4. Upon acceptance of this paragraph any city, town, or district may manage trust funds held in its custody as a combined investment pool and may invest said funds in accordance with the provisions of the Massachusetts Prudent Investor Act of Chapter 203C of the General Laws and not in accordance with paragraph (a) of this section. If any provision of this paragraph conflicts with the terms of a bequest, trust, or other instrument that expresses the clear intent of the donor, then such funds may be managed and invested only in accordance with the terms of such bequest, trust, or other instrument.
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An Act enabling cities and towns to stabilize rents and protect tenants
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S1299
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SD1818
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T09:25:28.55'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T09:25:28.55'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T15:48:01.5733333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T12:56:27.5266667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T15:08:30.3733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-31T15:08:30.3733333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-31T15:08:30.3733333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T15:08:30.3733333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:19:29.17'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-09T14:33:32.6966667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T10:57:26.1733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:06:45.5433333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-21T08:55:53.7466667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-30T14:35:05.3633333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-13T11:10:58.9166667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-24T12:15:12.4366667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-08T12:01:37.5166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1299/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1299) of Patricia D. Jehlen, Adam Gomez, Susannah M. Whipps, Jack Patrick Lewis and other members of the General Court for legislation to enable cities and towns to stabilize rents and protect tenants. Municipalities and Regional Government.
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SECTION 1. Chapter 40P of the General Laws, as appearing in the 2020 Official Edition, is repealed.
SECTION 2. The General Laws are hereby amended by inserting after chapter 49A the following chapter:-
CHAPTER 49B
LIMITATION OF ANNUAL RENT INCREASES AND NO FAULT EVICTIONS
Section 1. A city or town may accept this chapter in its entirety in the manner provided in section 4 of chapter 4 of the General Laws. The acceptance of this local option by a municipality shall take effect no later than 180 days after adoption. A municipality that accepts this section shall adopt an ordinance or bylaw which effectuates the provisions of this chapter no later than 180 days after acceptance.
Section 2. A city or town accepting this chapter may, by local charter provision, ordinance, by-law, majority vote of its governing body or through a local binding ballot measure impose a limit on the size of annual rent increases and require that evictions be based on defined just cause reasons, for certain dwelling units within the municipality.
Section 3. Exemptions. (a) For the purposes of this chapter, covered dwelling units shall not include:
(i) Dwelling units in owner-occupied buildings with four or fewer units.
(ii) Dwelling units whose rent is subject to regulation by a public authority. Occupancy by a tenant with a mobile housing voucher does not exempt an otherwise covered dwelling unit.
(iii) College or university dormitories where group sleeping accommodations are provided in one room, or in a series of closely associated rooms.
(iv) Facilities for the residential care of the elderly.
(v) Dwelling units for which the first residential certificate of occupancy was issued on or after January 1, 2020 shall be exempt for a period of 5 years from the date at which such certificate of occupancy was issued.
(b) Where dwelling units are exempt, a notice of exemption must be provided with the lease for all tenancies. If there is no written lease for such dwelling units, the tenants-at-will must be provided with a written notice of exemption.
Section 4. (a) The limit on any annual rent increase for a covered dwelling unit as defined in Section 3(a) shall not exceed the annual change in the Consumer Price Index for the applicable area or 5 per cent, whichever is lower.
(b) For purposes of this chapter, the rent amount in place 12 months prior to the date of adoption shall serve as the base rent upon which any annual rent increase shall be applied. If the dwelling unit is currently vacant, the last rent amount charged shall serve as the base rent. If there was no previous rent amount, or if no rent has been charged for at least the previous five years, for a dwelling unit not exempted under Section 3(a) the rent amount the owner first charges shall serve as the base rent.
Section 5. Cities and towns adopting this chapter shall require that any landlord have just cause for initiating eviction or not renewing a lease; just cause may be further defined by the municipality, but must include the following:
(1) Nonpayment of rent
(2) Tenant commits a substantial violation of a material lease term or term of the tenancy
(3) Tenant engages in criminal activity that threatens the health and safety of other residents, or persons lawfully on the premises
(4) Owner seeks to remove the unit from the rental market to convert to cooperative or condominium, to demolish or convert to non-residential use, or to occupy the unit as the owner’s principal residence
Section 6. Cities and towns adopting this chapter shall provide annual reports to the department of housing and community development, which shall include but not be limited to: the text of the ordinance or bylaw adopting this chapter; any studies undertaken in informing adoption of the ordinance or bylaw; the number of units affected by the ordinance or bylaw; and any other relevant data as determined by the department of housing and community development.
Section 7. Any violation of this section shall be deemed an unfair and deceptive act under chapter 93A of the General Laws. Any person claiming a violation of this section may pursue remedies under section 9 of chapter 93A. The attorney general is hereby authorized to bring an action under section 4 of chapter 93A to enforce this provision and to obtain restitution, civil penalties, injunctive relief, and any other relief awarded pursuant to said chapter 93A.
Section 8. Nothing in this section shall be construed to interfere with any existing rights or protections afforded to tenants under current state or federal law.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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[]
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Proposal for a legislative amendment to the Constitution relative to agricultural and horticultural lands
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S13
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SD261
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:35:51.933'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:35:51.9333333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-27T12:20:33.1266667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-27T09:42:03.87'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T09:38:24.91'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-06T12:10:45.0266667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-15T09:54:31.0233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-20T10:48:37.3866667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-14T12:04:08.8966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S13/DocumentHistoryActions
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Proposal for Constitutional Amendment
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By Ms. Comerford, a petition (accompanied by proposal, Senate, No. 13) of Joanne M. Comerford, Susannah M. Whipps, Susan Williams Gifford, Hannah Kane and other members of the General Court for a legislative amendment to the Constitution relative to agricultural and horticultural lands. Revenue.
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Article XCIX of the Amendments to the Constitution is hereby annulled, and the following is adopted in place thereof:-
Article XCIX. Full power and authority are hereby given and granted to the general court to prescribe, for the purpose of developing and conserving agricultural or horticultural lands, that such lands shall be valued, for the purpose of taxation, according to their agricultural or horticultural uses; provided, that the parcel has been actively devoted to agricultural or horticultural uses for the 2 years preceding the tax year.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J26', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J26'}, 'Votes': []}]
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An Act to promote downtown vitality
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S130
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SD2322
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T15:43:57.857'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T15:43:57.8566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-16T09:03:11.29'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-16T09:02:59.9'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-10-11T09:04:32.2433333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-10-11T09:03:39.32'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S130/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 130) of John J. Cronin, Jacob R. Oliveira and Vanna Howard for legislation to promote downtown vitality. Community Development and Small Businesses.
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SECTION 1. Chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 35PPP, the following new section:
Section 35QQQ. (a) As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:-
“Agency”, the Executive Office of Housing and Economic Development.
“Commercial areas”, meaning central business districts, town centers, commercial corridors (“Main Streets”), neighborhood-serving commercial districts, and other walkable, mixed-use areas.
“District management entities”, which may include business improvement districts as defined in section 1 of chapter 40o of the general laws, parking benefit districts as defined in section 22A1/2 of chapter 40 of the general laws, cultural districts as defined in section 58A of chapter 10 of the general laws, or other district management strategies approved by the agency.
“Secretary”, the Secretary of Housing and Economic Development.
''Fund'', the Downtown Vitality Fund, established under subsection (b) of section 35QQQ of chapter 10 of the general laws.
''Dedicated remote retailers sales tax revenue amount'', all moneys received by the commonwealth equal to 5 per cent of the receipts from sales from remote retailers, which include both remote marketplace sellers and remote marketplace facilitators as defined by 830 CMR 64H.1.9.
(b) There is hereby established on the books of the commonwealth a separate fund to be known as the Downtown Vitality Fund. There shall be credited to the fund the dedicated remote retailers sales tax revenue amount. Annual receipts into the fund on account of any fiscal year shall be considered to meet the full obligation of the commonwealth to the fund for said fiscal year.
(c) Amounts in the fund shall be held by the Executive Office of Economic Development, exclusively for the purposes of the fund, and the agency shall disburse amounts in the fund, without further appropriation, upon the request from time to time of its Secretary. All amounts in the fund, including investment earnings, shall be available for expenditure by the agency for any lawful purpose.
(d) The agency shall report annually on grants dispersed by the fund to the clerks of the house and senate and to the house and senate committees on ways and means.
(e) The agency shall make expenditures from the fund for the following purposes and subject to the following guidelines:
(1) To provide grants to establish district management entities in commercial areas.
(2) To provide operating grants to help strengthen and sustain existing district management entities approved by the agency. sustain.
(3) To provide technical assistance grants for local district management entities to conduct studies or launch new programs, and which might be paid to a third-party entity.
(4) The agency will establish guidelines for awarding grants, which will incorporate the following priorities: support small business districts in Gateway Cities and other low-income areas; expand entrepreneurship opportunities among underrepresented communities; strengthen cultural identity and prevent cultural displacement; provide multi-year operating funding where appropriate; and encourage a local match set at a level commensurate with the strength of the local market economy.
(f) Not later than September 1 of each year, the secretary shall file a report in writing with the joint committee on community development and small businesses and the house and senate committees on ways and means concerning the grants made in the fiscal year ending on the preceding June 30.
(g) The secretary shall adopt regulations to carry out this section, including providing an application and selection process.
(h) There shall be established a board to be known as the Downtown Vitality Advisory Board. Said board shall consist of 15 members, who shall be citizens of the commonwealth, and appointed by the secretary. The members of the board shall include at least one representative of the Massachusetts Development Finance Agency (MassDevelopment); at least one representative of the Massachusetts Cultural Council; at least two business improvement districts; at least two cultural districts; at least one Gateway City mayor, manager, or economic development director; at least one non-Gateway City municipal representative; and at least three members from small businesses or groups serving underrepresented communities, including immigrants and people of color. Of the members originally appointed, 3 shall serve a term of 1 year, 3 shall serve a term of 2 years, and 3 shall serve a term of 3 years in a manner determined by the director. Thereafter, as the terms of said members expire, the director shall appoint members for terms of 2 years. Vacancies shall be filled by appointment by the director for the remainder of the unexpired term. All members shall serve until the qualification of their respective successors. Members shall serve without compensation. The board shall advise the director on the activities and uses of the fund including, but not limited to: reviewing and making recommendations on grant requirements and selection criteria, and reviewing grant applications and making recommendations relative to grant awards. The advisory board shall, from time to time, submit recommendations to the legislature on any legislative changes it deems necessary for the successful operation of the fund.
(i) The secretary may contract with a private organization to carry out some or all of the agency’s duties provided in this section.
SECTION 2. Section 22A of chapter 40, as so appearing, is hereby amended by inserting, in paragraph 1, line 28, after the phrase “improvements to the public realm” the following words: “including district management activities and operations”
SECTION 3. Section 22C of said chapter 40, as so appearing, is hereby amended by inserting, in line 11, after the phrase, “public transportation station accessibility improvements” the following words: “district management activities and operations,”
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An Act relative to the term of special permits
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S1300
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SD737
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T15:37:06.163'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T15:37:06.1633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1300/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1300) of John F. Keenan relative to the term of special permits under the zoning laws. Municipalities and Regional Government.
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SECTION 1. Section 9 of chapter 40A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the fifteenth paragraph and inserting in place thereof the following paragraph:–
Zoning ordinances or by-laws shall provide that a special permit granted under this section shall lapse within a specified period of time, not less than 3 years from the date of filing of such approval with the city or town clerk, which shall not include such time required to pursue or await the determination of an appeal referred to in section seventeen, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or in the cause of a permit for construction, if construction has not begun by such date except for good cause.
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An Act relative to variances
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S1301
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SD738
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T15:33:00.65'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T15:33:00.65'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1301/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1301) of John F. Keenan for legislation relative to variances. Municipalities and Regional Government.
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SECTION 1. Section 10 of chapter 40A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the the following paragraph:–
If the rights authorized by a variance are not exercised within one year of the date of grant of such variance, which shall not include such time required to pursue or await the determination of an appeal referred to in section seventeen, such rights shall lapse; provided, however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one-year period. If the permit granting authority does not grant such extension within thirty days of the date of application therefor, and upon the expiration of the original one-year period, such rights may be reestablished only after notice and a new hearing pursuant to the provisions of this section.
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An Act changing the board of selectmen of the town of Hanover to a select board
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S1302
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SD2024
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T15:06:04.123'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T15:06:04.1233333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-20T12:01:07.9233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1302/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1302) of John F. Keenan and David F. DeCoste (by vote of the town) for legislation to change the board of selectmen of the town of Hanover to a select board. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Section 2 of chapter 67 of the acts of 2009 is hereby amended by amended by striking out the title and inserting in place thereof the following title:- Select Board.
SECTION 2. Subsection (A) of said section 2 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 3. Subsection (B) of said section 2 of said chapter 67 is hereby amended by striking out the word “selectmen” and inserting in place thereof the following words:- select board member.
SECTION 4. The first paragraph of subsection (C) of said section 2 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 5. Paragraph (1) of said subsection (C) of said section 2 of said chapter 67 is hereby amended by striking out, each time they appear, the words “board of selectmen” and inserting in place thereof, in each instance, the following words:- select board.
SECTION 6. Paragraph (2) of said subsection (C) of said section 2 of said chapter 67 is hereby amended by striking out, each time they appear, the words “board of selectmen” and inserting in place thereof, in each instance, the following words:- select board.
SECTION 7. Paragraph (3) of said subsection (C) of said section 2 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 8. Paragraph (4) of said subsection (C) of said section 2 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 9. Paragraph (5) of said subsection (C) of said section 2 of said chapter 67 is hereby amended by striking out, each time they appear, the words “board of selectmen” and inserting in place thereof, in each instance, the following words:- select board.
SECTION 10. Paragraph (6) of said subsection (C) of said section 2 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 11. Paragraph (7) of said subsection (C) of said section 2 of said chapter 67, as inserted by section 1 of chapter 141 of the acts of 2013, is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 12. Paragraph (1) of subsection (A) of section 3 of said chapter 67 is hereby amended by striking out, each time they appear, the words “board of selectmen” and inserting in place thereof, in each instance, the following words:- select board.
SECTION 13. Paragraph (3) of said subsection (A) of said section 3 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 14. Clause (a) of paragraph (4) of said subsection (A) of said section 3 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 15. Clause (b) of said paragraph (4) of said subsection (A) of said section 3 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 16. The first paragraph of section 4 of said chapter 67 is hereby amended by striking out, each time they appear, the words “board of selectmen” and inserting in place thereof, in each instance, the following words:- select board.
SECTION 17. Paragraph (1) of subsection (A) of said section 4 of said chapter 67, as amended by section 2 of chapter 141 of the acts of 2013, is hereby further amended by striking out, each time they appear, the words “board of selectmen” and inserting in place thereof, in each instance, the following words:- select board.
SECTION 18. Clause (2) of subsection (B) of said section 4 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 19. Clause (3) of said subsection (B) of said section 4 of said chapter 67 is hereby amended by striking out the words “board of selectmen’s” and inserting in place thereof the following words:- select board’s.
SECTION 20. Said clause (3) of said subsection (B) of said section 4 of said chapter 67 is hereby further amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 21. Clause (4) of said subsection (B) of said section 4 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 22. Clause (5) of said subsection (B) of said section 4 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 23. Clause (6) of said subsection (B) of said section 4 of said chapter 67, as amended by section 4 of chapter 141 of the acts of 2013, is hereby further amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 24. Clause (8) of said subsection (B) of said section 4 of said chapter 67 is hereby amended by striking out, each time they appear, the words “board of selectmen” and inserting in place thereof, in each instance, the following words:- select board.
SECTION 25. Clause (9) of said subsection (B) of said section 4 of said chapter 67 is hereby amended by striking out, each time they appear, the words “board of selectmen” and inserting in place thereof, in each instance, the following words:- select board.
SECTION 26. Clause (10) of said subsection (B) of said section 4 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 27. Clause (11) of said subsection (B) of said section 4 of said chapter 67 is hereby amended by striking out, each time they appear, the words “board of selectmen” and inserting in place thereof, in each instance, the following words:- select board.
SECTION 28. Clause (13) of said subsection (B) of said section 4 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 29. Clause (a) of paragraph (1) of subsection (C) of said section 4 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 30. The first sentence of clause (a) of paragraph (2) of said subsection (C) of said section 4 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 31. The second sentence of said clause (a) of said paragraph (2) of said subsection (C) of said section 4 of said chapter 67, as inserted by section 1 of chapter 344 of the acts of 2018, is hereby amended by striking out, each time they appear, the words “board of selectmen” and inserting in place thereof, in each instance, the following words:- select board.
SECTION 32. The third sentence of said clause (a) of said paragraph (2) of said subsection (C) of said section 4 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 33. Subsection (A) of section 5 of said chapter 67 is hereby amended by striking out, each time they appear, the words “board of selectmen” and inserting in place thereof, in each instance, the following words:- select board.
SECTION 34. Paragraph (1) of subsection (B) of said section 5 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 35. Paragraph (2) of said subsection (B) of said section 5 of said chapter 67 is hereby amended by striking out, each time they appear, the words “board of selectmen” and inserting in place thereof, in each instance, the following words:- select board.
SECTION 36. Paragraph (3) of said subsection (B) of said section 5 of said chapter 67, as amended by section 2 of chapter 344 of the acts of 2018, is hereby further amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 37. Section 6 of said chapter 67 is hereby amended by striking out, each time they appear, the words “board of selectmen” and inserting in place thereof, in each instance, the following words:- select board.
SECTION 38. Section 7 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 39. Subsection (A) of section 8 of said chapter 67 is hereby amended by striking out the words “Board of Selectmen” and inserting in place thereof the following words:- select board.
SECTION 40. Said subsection (A) of said section 8 of said chapter 67 is hereby further amended by striking out, the second and third time it appears, the word “selectmen” and inserting in place thereof, in each instance, the following words:- select board members.
SECTION 41. Subsection (B) of said section 8 of said chapter 67 is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 42. Notwithstanding any general or special law to the contrary, the executive body of the town of Hanover, previously known as the board of selectmen, shall be known as the select board and shall have the powers and authority of a board of selectmen under any general or special law.
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[{'Description': 'SD2024 -- Hanover', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16106&title=SD2024%20--%20Hanover'}]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'S31', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S31'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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An Act establishing a Municipal Building Assistance Program and Building Authority
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S1303
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SD1468
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:21:44.033'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:21:44.0333333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-05-01T14:11:03.4366667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-05-05T13:12:41.1966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-07-02T17:16:34.39'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-04-24T14:37:12.0466667'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-04-25T19:47:19.7333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1303/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1303) of Edward J. Kennedy for legislation relative to a Municipal Building Assistance Program and Building Authority. Municipalities and Regional Government.
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The General Laws are hereby amended by inserting after chapter 40W the following chapter:-
CHAPTER 40X
SECTION 1. Whereas the costs of the municipal building construction is increasing at an unsustainable rate and local governments need flexibility in municipal building assistance to ensure that local needs for municipal facility space, downtown development, open space and community space are met; and to promote the thoughtful planning and construction of municipal facility space in order to insure safe and adequate plant facilities for the public, and to assist towns in meeting the cost thereof, there is hereby established a municipal building assistance program. It is in the best interests of the commonwealth and its citizens to create an authority to achieve the objectives of effective management and planning of the commonwealth's investments in municipal building assets, ensuring the health, safety, security and well-being of residents and staff, easing and preventing overcrowding, maintaining good repair, efficient and economical construction and maintenance, financial sustainability of the municipal building assistance program, thoughtful community development, smart growth and accessibility.
SECTION 1A. (a) There is hereby created a body politic and corporate and a public instrumentality to be known as the Massachusetts Municipal Building Authority, which shall be an independent public authority not subject to the supervision and control of any other executive office, department, commission, board, bureau, agency or political subdivision of the commonwealth except as specifically provided in any general or special law. The exercise by the authority of the powers conferred by this chapter shall be considered to be the performance of an essential public function.
(b) The authority shall consist of the state treasurer, who shall serve as chairperson, the secretary of administration and finance, a representative of the Massachusetts Municipal Association, and 4 additional members appointed by the state treasurer, 2 of whom shall have practical experience in public building construction, or architecture and design, and 2 of whom shall be persons in the field of municipal management with demonstrated knowledge of Massachusetts facility needs and other relevant federal and state building standards, each of whom shall serve a term of 2 years; but, a person appointed to fill a vacancy shall serve only for the unexpired term. An appointed member of the authority shall be eligible for reappointment. The authority shall annually elect 1 of its members to serve as vice-chairperson. Each member of the authority serving ex officio may appoint a designee pursuant to section 6A of chapter 30.
(c) Four members of the authority shall constitute a quorum, and the affirmative vote of 4 members of the authority shall be necessary and sufficient for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and duties of the authority. Members shall serve without pay but shall be reimbursed for actual expenses necessarily incurred in the performance of their duties. The chairperson of the authority shall report to the governor and to the general court no less than annually, to assist the executive and legislative branches in coordinating community development and fiscal policies of the commonwealth.
(d) Any action of the authority may take effect immediately and need not be published or posted unless otherwise provided by law. Meetings of the authority shall be subject to section 11A1/2 of chapter 30A; but, said section 11A1/2 shall not apply to any meeting of members of the authority serving ex officio in the exercise of their duties as officers of the commonwealth so long as no matters relating to the official business of the authority are discussed and decided at the meeting. The authority shall be subject to all other provisions of said chapter 30A, and records pertaining to the administration of the authority shall be subject to section 42 of chapter 30 and section 10 of chapter 66. All moneys of the authority shall be considered to be public funds for purposes of chapter 12A. The operations of the authority shall be subject to chapter 268A and chapter 268B and all other operational or administrative standards or requirements to the same extent as the office of the state treasurer.
SECTION 2. Chapter 10 of the General Laws is hereby amended by inserting after section 35SSS, the following section:-
Section 35TTT. (a) As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:-
"Authority", the Massachusetts Municipal Building Authority.
"Dedicated sales tax revenue amount", all moneys received by the commonwealth equal to 0.5 per cent of the receipts from sales, as defined by chapter 64H, and 0.5 per cent of the sales price of purchases, as defined by chapter 64I, from that portion of the taxes imposed under said chapters 64H and 64I as excises upon the sale and use at retail of tangible property or of services, and upon the storage, use or other consumption of tangible property or of services, including interest thereon or penalties, but not including any portion of the taxes that constitute special receipts within the meaning of subsection (b 1/2) of section 10 of chapter 152 of the acts of 1997 or within the meaning of subsection (b½) of said section 10 of said chapter 152 or any portion of the taxes imposed on the sale of meals as defined in paragraph (h) of section 6 of said chapter 64H.
"Receipts from sales", gross receipts from nonexempt sales, less amounts abated or reimbursed.
"Sales price of purchases", sales price of nonexempt purchases, less amounts abated or reimbursed.
(b) There shall be established on the books of the commonwealth a separate fund, to be known as the Municipal Building Modernization and Reconstruction Trust Fund. There shall be credited to the fund the dedicated sales tax revenue amount. Annual receipts into the fund on account of any fiscal year shall be considered to meet the full obligation of the commonwealth to the authority for such fiscal year.
(c) Amounts in the fund shall be held by the state treasurer or his designee, as trustee and not on account of the commonwealth, exclusively for the purposes of the authority, and the state treasurer shall disburse amounts in the fund to the authority, without further appropriation, upon the request from time to time of the executive director of the authority. All amounts in the fund, including investment earnings, shall be available for expenditure by the authority for any lawful purpose, including without limitation payment of debt service on debt obligations issued by the authority, and may be pledged to secure debt of the authority in such manner and according to such priority as the authority may determine.
(d) The authority shall certify annually to the treasurer as trustee with copies provided to the clerks of the house and senate and to the house and senate committees on ways and means that it has made provision in its annual budget and its capital plan under section 17 of chapter 70B for sufficient amounts to be available to meet debt service payments or other payments due under financing obligations, including, without limitation, leases or grant obligations.
(e) Subject to applicable restrictions contained in any bond resolution, trust or security agreement or credit enhancement agreement, surety bond or insurance policy related to indebtedness incurred by the authority, including without limitation coverage requirements, if the authority shall determine that the balance of the fund exceeds the amount necessary to achieve the purposes of the authority, including, without limitation, to meet debt service payments, lease payments and grant obligations, the authority may transfer the excess amount to the commonwealth.
(f) In order to increase the marketability of any bonds or notes of the trust which may be secured by or payable from amounts held in the fund, the sums to be credited to the fund are hereby impressed with a trust for the benefit of the trust and the holders from time to time of the bonds or notes, and in consideration of the acceptance of payment for the bonds or notes, the commonwealth covenants with the purchasers and all subsequent holders and transferees of the bonds or notes that while the bond or note shall remain outstanding, and so long as the principal of or interest on the bond or note shall remain unpaid, the sums to be credited to the fund shall not be diverted from the control of the trust and, so long as the sums are necessary, as determined by the authority in accordance with any applicable bond resolution, trust or security agreement or credit enhancement agreement, surety bond or insurance policy related to indebtedness incurred by the trust, for the purposes for which they have been pledged, the rates of the excises imposed by said chapters 64H and 64I shall not be reduced below the rates prescribed by this section.
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An Act providing for reserve funds for school districts
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S1304
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SD2110
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-19T15:22:49.48'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-19T15:22:49.48'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1304/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1304) of Edward J. Kennedy for legislation to provide for reserve funds for school districts. Municipalities and Regional Government.
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SECTION 1. Chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 13, the following new section:
"Section 13E1/2. Any school district which accepts this section, by a majority vote of the school committee and a majority vote of the legislative body or, in the case of a regional school district by a majority vote of the legislative bodies in a majority of the member communities of the district, may establish and appropriate or transfer money to a reserve fund to be utilized in the upcoming fiscal years, to pay, without further appropriation, for any and all unanticipated or unbudgeted costs. The balance in such reserve fund shall not exceed 10 per cent of the annual net school spending of the school district.
Funds shall only be distributed from the reserve funds after a majority vote of the school committee and a majority vote of the board of selectman or city council, or, in the case of a regional school district by a majority vote of the board of selectmen or city council in a majority of the member communities of the district.
The district treasurer may invest the monies in the manner authorized in section 54 of chapter 44 and any interest earned thereon shall be credited to and become part of the fund."
Notwithstanding any general or special law to the contrary, the money held in this reserve fund shall not be used against the required contributions by municipalities towards net school spending.
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An Act to study establishment of, and definition of, a Middlesex Regional Commission
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S1305
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SD1845
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T10:08:13.213'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T10:08:13.23'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1305/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 1305) of Vincent Lawrence Dixon for legislation to study establishment of, and definition of, a Middlesex Regional Commission. Municipalities and Regional Government.
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SECTION I. The Massachusetts General Laws are hereby amended by inserting the following new chapter:
An Act to Study establishment of, and definition of, a Middlesex Regional Commission.
1.) A Middlesex Working Group (MWG), to examine, and specify, the concept, and recommendations regarding a Middlesex Regional Commission, shall be established.
2.) Whereas, it appears, and is substantially believed by many individuals, local governments, organizations, and groups, that various undesirable pressures exist, and have been created in many parts of, and much of the region, known as Middlesex County, made up of 54 municipalities.
3a.) Whereas, it is thought that these pressures include negative impacts from what is called overdevelopment: including reduction, and loss of wetlands, flood plains, watersheds, permeable surfaces, open space, open land, in certain areas, insufficient development of public park and recreation land, loss of farm, and other agricultural land; unplanned pressures on local school district enrollments and budgets; and poor quality of construction, and infill construction.
3b.) Aware of particular, and substantial needs for expansion of housing availability, appropriate balances, must be considered, as part of the ultimate goals of the Middlesex Regional Commission.
4.) Therefore, this Act is established, to create a study group called the Middlesex Working Group (MWG), to consider the creation of a generally beneficial, and supervisory body, for the 54 municipalities, and people, of Middlesex County, to be known as the Middlesex Regional Commission, composed of a variety of members.
4a.) The Special Commission, named the Middlesex Working Group (MWG), is authorized, to be created, referencing the manner, among other reference points, in which the Cape Cod Commission, has been established, and operates; to report back to the public, and the General Court, in a timely manner of between 12, and 24 months.
4b.) The MWG shall be composed of representatives from each of the cities, and towns of Middlesex County. Each of the 54 municipalities shall nominate one representative. Once this body is convened, it may consider also the sub-definitions of Middlesex North, and Middlesex South, as either separate districts, or sub-districts of the contemplated Middlesex Regional Commission (MRC). The MWG may also identify, recruit, and otherwise obtain useful additional advice, testimony, and other consultation, as seems needed, and proper.
4c.) The MWG shall collect detailed materials, by Open Public Meetings (OPMs), written submission, requested expert testimony, and other relevant means; and shall produce both a Summary Public Report (SPR), and a General Report (GR), of findings, including appropriate analysis, and recommendations for future actions, and the establishment of a permanent Middlesex Regional Commission (MRC).
5a.) The Middlesex Working Group (MWG), shall consider the definition of goals, for the Middlesex Regional Commission (MRC) to include a wide range, including, in part:
Additional protections of the natural environment, including wetlands, floodplains, watersheds, permeable surfaces, open space, open land, and agricultural uses.
5b.) In addition, particular standards to be encouraged should include, enhanced construction standards; welcoming more neighborhood, and community friendly contractors; requiring more durable and substantial forms of building construction, more environmentally responsible design, including solar, wind, geothermal, and other effective, and responsible aspects.
6.) There shall be consultation, and evaluation with, local municipal school districts, on their expectations, for advance enrollment projections of at least five, ten, and twenty years, in establishing potential trends, for more fully services integrated communities.
7.) Regional housing goals, objectives, and standards, shall be apportioned across the regional commission district of the Middlesex Regional Commission. The Commission goals, are to be specifically oriented to support local community-friendly values.
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An Act relative to PEG access and cable related funds
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S1306
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SD254
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:22:58.863'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:22:58.8633333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-21T14:20:23.0333333'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-02-21T14:20:11.2533333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-21T14:19:55.74'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-03-23T09:34:47.2733333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-26T09:23:30.7533333'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-05-24T11:15:22.27'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-10-05T14:35:22.6666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1306/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1306) of Joan B. Lovely, Mathew J. Muratore, Joan Meschino and Jason M. Lewis for legislation relative to PEG access and cable related funds. Municipalities and Regional Government.
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Section 53F3/4 of chapter 44 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 7, the word “appropriated” and inserting in place thereof the following words:-
expended by the board, commission, committee, head of department or officer designated by the issuing authority as defined in section 1 of chapter 166A, without further appropriation.
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An Act relative to regional municipal affordable housing trust funds
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S1307
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SD1942
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T06:03:41.18'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T06:03:41.18'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-14T11:35:39.91'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-15T12:06:44.1233333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-21T08:41:46.1666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1307/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 1307) of Paul W. Mark, Susannah M. Whipps, Joanne M. Comerford and Natalie M. Blais for legislation relative to regional municipal affordable housing trust funds. Municipalities and Regional Government.
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Chapter 44 of the General Laws is hereby amended in Section 55C by adding the following subsection:-
(k) Notwithstanding section 53 or any other general or special law to the contrary, two or more municipalities may form an inter-municipal agreement for the purpose of establishing a Regional Municipal Affordable Housing Trust Fund. A participating city or town shall accept this section and the inter-municipal agreement by majority votes of the municipal legislative bodies under section 4 of chapter 4.
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An Act relative to removing barriers to creating affordable housing
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S1308
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SD2052
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T12:30:01.58'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T12:30:01.58'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1308/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1308) of Liz Miranda for legislation relative to zoning ordinances or by-laws in MBTA communities. Municipalities and Regional Government.
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Section 3A, of Chapter 40A of the General Laws, as appearing in 2020 Official Edition is hereby amended by adding in line 22 after the word “section” the following:- “Provided, however, that no regulations promulgated under this section may limit in any way a municipality’s ability to require a minimum number of affordable units within a zoning district created pursuant to this section”.
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An Act to increase kennel safety aka Ollie’s Law
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S1309
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SD1250
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-19T10:24:07.01'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-19T10:24:07.01'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-25T12:17:20.03'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-25T11:51:50.9966667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T10:30:02.6966667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-02T11:43:18.9766667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T08:58:31.6966667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T09:49:27.4066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T16:56:47.0133333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T14:51:30.1666667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-09T11:28:19.2866667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T11:14:46.23'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-24T12:56:13.61'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T13:59:00.1766667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-06T08:25:58.8566667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T13:31:59.3166667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-10T11:06:08.8266667'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-09-01T10:03:29.59'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-09-12T11:09:53.3966667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-10-06T09:43:50.6433333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-10-17T14:29:03.1066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1309/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1309) of Mark C. Montigny, Adam Gomez, Jacob R. Oliveira, Jack Patrick Lewis and other members of the General Court for legislation to increase kennel safety aka Ollie’s Law. Municipalities and Regional Government.
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SECTION 1. This Act shall be known as Ollie’s Law.
SECTION 2. Section 136A of chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 2 and 7, the figure “174F” and inserting in place thereof, in each instance, the following figure:- 174G.
SECTION 3. Section 136A of Chapter 140 of the General Laws, is hereby further amended in the definition of “Personal kennel” by striking in line 77-79 the phrase “more than 4 dogs, 3 months old or older, owned or kept under single ownership, for private personal use;” and replacing with the following phrase:-
5 or more dogs, 6 months old or older, owned or kept under single ownership, for private personal use;
SECTION 4. Section 136A of Chapter 140 of the General Laws is hereby further amended in the definition of “Kennel” by adding in line 53 after the phrase “domestic charitable corporation kennel,” the phrase:- personal breeder kennel,
SECTION 5. Section 136A of Chapter 140 of the General Laws, is hereby further amended by inserting the following definition:-
“Personal breeder kennel”, a pack or collection of 3 or more intact female dogs on a single premise, kept for the purpose of breeding and selling the offspring to breeders or individuals by private sale, provided that this does not include a personal kennel where animals are only bred for private personal use and not offered for sale or exchange, nor a commercial breeder kennel where animals are sold or exchanged to wholesalers, brokers or pet shops in return for consideration.
SECTION 6. Chapter 129 of the General Laws is hereby amended by inserting after section 39G the following new section:-
39H. Every person operating a kennel, as defined in section 136A of Chapter 140, shall obtain a license as required by said chapter.
SECTION 7. Chapter 140 of the General Laws is hereby further amended by inserting after section 174F, the following section:-
Section 174G.
The department shall promulgate rules and regulations for commercial boarding or training kennels, including those located at a private residence, including, but not limited to staff to animal ratios, fire and emergency planning, group sizes and supervision, minimum housing and care requirements, indoor and outdoor physical facility requirements, dog handling, and insurance. The department shall require commercial boarding or training kennels to report injuries to animals or people. The department shall develop a form for such reporting and a time frame for submitting a report after an injury. The form shall be available on the department’s website for the public to report injuries. The department shall make investigative reports publicly available on its website if the investigation results in the department bringing enforcement action against the kennel. The department shall promulgate rules and regulations for commercial and personal breeder kennels to ensure that the animals and their offspring have proper housing, which shall include requirements for adequate space, temperature, solid flooring and a prohibition on the stacking of cages, nutrition, hydration, behavioral requirements, grooming, staffing, handling, health and veterinary care, exercise, socialization and other general standards of care.
The department shall have the ability to enforce this section under its powers in Chapter 129.
SECTION 8. There shall be a committee to advise the commissioner of agricultural resources on the promulgation of regulations as required by section 174G of chapter 140 and to annually review the regulations once promulgated. The committee should advise on issues including, but not limited to, appropriate training for kennel staff. Such committee shall be appointed by the commissioner and consist of: 1 representative from the department of agricultural resources; 1 owner of a boarding kennel or doggie daycare with a kennel license with a capacity of not more than 50 dogs; 1 owner of a boarding kennel or doggie daycare with a kennel license with a capacity of 50 or more dogs in a kennel not located in a home; 1 animal control officer or representative of an association organized in the commonwealth for animal control officers; 1 veterinarian or member of a veterinary medical association organized in the commonwealth; 1 member of the general public with an interest in the well-being of domestic animals; 1 animal behaviorist certified by International Association of Animal Behavior Consultants or a program as approved by the department; 1 person with a minimum of 5 years’ experience training people on dog behavior; 1 dog breeder who breeds fewer than 10 dogs per year; 1 dog breeder who breeds more than 10 dogs per year; 1 representative from an animal protection organization; and other individuals as determined by the department.
The commissioner shall consider diversity, equity and inclusion aspects when appointed said committee. Members of the committee shall be residents of the commonwealth or do business in the commonwealth. The committee shall elect a chair at the initial meeting and every two years thereafter.
The commissioner shall appoint said committee within 90 days of the passage of this law.
SECTION 9. Section 137 of chapter 140 of the General Laws is hereby further amended by striking out, in subsection (c), the sixth sentence.
SECTION 10. Section 137A of chapter 140 of the General Laws, is hereby amended by striking out subsection (a) and (b) and inserting in place thereof the following subsection:-
(a) A person keeping 5 or more dogs, 6 months old or older shall obtain a kennel license. The kennel license is in addition to the individual licenses for dogs over the age of 6 months, as required in section 137. A licensing authority shall issue and revoke kennel licenses as specified in this chapter and any other laws. In the case of an applicant for initial licensure and in the case of an applicant for license renewal, a licensing authority shall deny a kennel license until a kennel has passed inspection by an animal control officer.
(b) The issuing city or town shall determine the period of time for which a kennel license shall be valid, including the date of issuance of the license through the date on which the license expires, inclusive, and shall further determine the fee for the issuance and renewal of the license. To determine the amount of the license fee for a kennel, a dog under the age of 6 months shall not be counted in the number of dogs kept in a kennel. The name and address of the owner of each dog kept in a kennel, if other than the person maintaining the kennel, shall be kept at the kennel and available for inspection by an animal control officer, natural resource officer, deputy natural resource officer, fish and game warden or police officer.
SECTION 11. Section 137A of chapter 140 of the General Laws, is hereby further amended by striking subsection (d) and inserting place thereof the following:-
(d) The licensing authority shall specify the type of kennel, as defined in 136A of chapter 140, and the maximum number of animals that may be maintained by the licensee on the license. Such number shall be determined by the licensing authority and the animal control officer following the required inspection, and in accordance with regulations in section 174G to ensure the property can support the number of animals while ensuring their health and safety.
(e) The licensing authority shall annually on June 1 send to the department a list of all kennels and their addresses licensed by the city or town under this section.
(f) A city or town officer who refuses or willfully neglects to perform the duties imposed upon the officer by this section shall be in violation of this section.
(g) A person who violates this section shall be assessed a fine of $500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense.
SECTION 12. Said chapter 140 is hereby further amended by striking out section 137C, as so appearing, and inserting in place thereof the following section:-
Section 137C. (a) The mayor of a city, the selectmen of a town, the police commissioner in the city of Boston, a chief of police or an animal control officer shall inspect a kennel or cause the inspection of a kennel at least 1 time per year. If a person holding a license or applying for a license to operate a kennel or refuses to allow an inspector to enter and inspect a kennel or, the refusal shall be grounds for denial, suspension or revocation of a person’s license to operate a kennel.
Twenty-five citizens of a city or town may file a petition with the mayor of a city, the selectmen of a town or the police commissioner in the city of Boston, as the case may be, stating that they are aggrieved or annoyed to an unreasonable extent that constitutes a nuisance by a dog maintained in the city or town due to excessive barking or other conditions connected with a kennel. The mayor, selectmen or police commissioner, as the case may be, shall, not more than 7 days after the filing of the petition, give notice to all interested parties of a public hearing. The hearing shall be held not more than 14 days after the date of the notice. The mayor, selectmen or police commissioner shall, not more than 7 days after the public hearing, investigate or cause to be investigated the subject matter of the petition and shall, by order: (i) suspend the kennel or license; (ii) revoke the kennel or license; (iii) further regulate the kennel; or (iv) dismiss the petition.
(b) The inspection of a kennel to enforce the rules and regulations promulgated under section 174G may be done by the commissioner or an authorized inspector and shall take place between the hours of 7:00 a.m. and 7:00 p.m. unless an alternate time is mutually agreed upon by the inspector and the operator. The operator or an authorized agent of the operator shall be present during the inspection and the operator shall be given a reasonable notice prior to the inspection; provided, however, that the commissioner or other authorized inspector may determine that it is not appropriate to provide advance notice to the operator before arriving at the facility if necessary to adequately perform the inspection. If a kennel regulated under said section 174G is located at a private residence, only the areas of the residence that are used for kennel purposes or for the maintenance of kennel records shall be required to be available for inspection. If, in the judgment of the commissioner or an authorized inspector, a kennel is not being maintained in a sanitary and humane manner or if records have not been properly kept as required by law and in compliance with said section 174G, the commissioner or authorized inspector shall, by order, suspend the license for the kennel depending on the severity of the offense or issue to the operator a written citation or notice which explains the noncompliant issue and requires the operator to come into compliance within a reasonable, specified timeframe. If the operator fails to come into compliance within the time period specified by the commissioner or authorized inspector, the commissioner or authorized inspector shall, by order, revoke the license for the kennel.
(c) A written notice under subsection (a) of an order revoking or suspending the license, further regulating the kennel or dismissing the petition shall be mailed immediately to the licensee and to the officer that issued the license. Not more than 10 days after the written notice of the order, the licensee may file a petition in the district court in the judicial district in which the kennel is maintained seeking review of the order. The decision of the court shall be final and conclusive upon the parties. A person maintaining a kennel after the license to maintain a kennel has been revoked or suspended shall be punished by a fine of not more than $250 for a first offense, by a fine of not less than $500 for a second offense and by a fine of not more than $1,500 for a third or subsequent offense.
(d) An enforcement action under subsection (b) from the department may be appealed within 21 days to the Division of Administrative Law Appeals pursuant to M.G.L. c. 30A.
SECTION 13. Section 37 of Chapter 129 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the fourth sentence the following sentence:-
Such fines shall not revert to the General Fund and shall instead be deposited in the Homeless Animal Prevention and Care Fund, as established by section 35ww of chapter 10 of General Laws and shall be available for use in subsequent fiscal years.
SECTION 14. The department of agricultural resources shall promulgate the regulations required under section 174G of chapter 140 of the General Laws not more than 18 months after the effective date of this act.
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An Act encouraging the adoption of smart growth and starter home zoning districts
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S131
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SD2077
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T12:19:31.887'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T12:19:31.8866667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-04-04T13:38:03.6266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S131/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 131) of Paul R. Feeney for legislation to encourage the adoption of smart growth and starter home zoning districts. Community Development and Small Businesses.
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Chapter 40R of the General Laws, as most recently amended by Chapter 268 of the Acts of 2022, is hereby amended in section 9 by striking out subsections (a) and (b) and inserting in place thereof the following:-
(a) The commonwealth shall pay from the trust fund or other funds from appropriations or other money authorized by the general court a zoning incentive payment, according to the following schedule:
Projected Units of New Construction Payment
Up to 20 $20,000
21 to 100 $150,000
101 to 200 $400,000
201 to 500 $740,000
501 or more $1,200,000
Subject to any conditions imposed by the department as a condition of approving a smart growth zoning district or starter home zoning district, the zoning incentive payment shall be payable upon confirmation of approval of the district by the department. The projected number of units shall be based upon the zoning adopted in the smart growth zoning district or starter home zoning district.
(b) The commonwealth shall pay from the trust fund or other funds from appropriations or other money authorized by the general court a one-time density bonus payment to each city or town with an approved smart growth zoning district and a one-time production bonus payment to each city or town with an approved starter home zoning district. This payment shall be $6,000 for each housing unit of new construction created in the smart growth zoning district and $6,000 for each housing unit of new construction created in the starter home zoning district. The amount due shall be paid on a unit-by-unit basis in accordance with department regulations, upon submission by a city or town of proof of issuance of a building permit for a particular housing unit or units within the district.
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An Act to preserve the eternal bonds between people and their animals
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S1310
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SD2160
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-11T15:39:16.51'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-11T15:39:16.51'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1310/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1310) of Mark C. Montigny for legislation to preserve the eternal bonds between people and their animals. Municipalities and Regional Government.
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Chapter 114 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 52. Notwithstanding any general or special law to the contrary, a town, city, cemetery corporation or other entity legally responsible for the maintenance or operation of a cemetery or burial place may allow co-interment of both human and animal remains including cremated remains. Such entity may issue their own policies on fees, interments, and other requirements.
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An Act relative to updating animal health inspections
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S1311
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SD2179
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-09T13:17:26.247'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-09T13:17:26.2466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1311/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1311) of Mark C. Montigny for legislation relative to updating animal health inspections. Municipalities and Regional Government.
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SECTION 1. Section 39A of chapter 129 of the General Laws, as appearing in the 2020 Official Edition, is amended by striking the second paragraph and inserting in place thereof the following:-
"This section shall not apply to a publicly or privately owned zoological park, a research institution as defined in section 136A of chapter 140, or to horse or cattle auctions.".
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Resolve establishing a special commission on the Dover amendment
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S1312
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SD1873
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T10:00:27.88'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T10:00:27.88'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-24T15:49:33.0533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1312/DocumentHistoryActions
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Resolve
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By Mr. Moore, a petition (accompanied by resolve, Senate, No. 1312) of Michael O. Moore and Rebecca L. Rausch that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to the use and effectiveness of the zoning approval process of educational uses under the so-called Dover amendment. Municipalities and Regional Government.
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Resolved, there shall be a special commission to study the use and effectiveness of the zoning approval process of educational uses under the so-called Dover amendment, section 3 of chapter 40A of the General Laws.
The commission shall consist of the secretary of housing and economic development or a designee, who shall serve as chair; the secretary of the executive office of education or a designee; 2 members appointed by the president of the senate, including the senate chair of the joint committee on municipalities and regional government and the senate chair of the joint committee housing; 1 member appointed by the senate minority leader; 2 members appointed by the speaker of the house of representatives, including the house chair of the joint committee on municipalities and regional government and the house chair of the joint committee housing; 1 member appointed by the house minority leader and 3 members to be appointed by the governor, 1 of whom shall be a local official with expertise in zoning, 1 of whom shall be a member of a non-profit social services agency and 1 of whom shall be a member of a non-profit school or higher education institution.
The commission shall study the impact of the education exemption provided by the Dover amendment on municipalities and nonprofit education institutions, which shall include a review of the types of building projects sited under the protection of the Dover amendment and the case law decided on the educational exemption. The commission shall solicit public testimony, either by holding public hearings or through surveys.
The commission shall file the results of its study together with recommendations for legislation, which shall include a proposed definition of “educational purposes”, with the clerks of the house of representatives and senate, on or before January 1, 2024.
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An Act relative to concurrent service for elected officials
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S1313
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SD1705
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:31:28.633'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:31:28.6333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1313/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 1313) of Susan L. Moran for legislation relative to concurrent service for elected officials. Municipalities and Regional Government.
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Notwithstanding any general or special law or agency or commission opinion to the contrary, elected members of a select board or town council in the commonwealth shall not be prohibited from serving concurrently as elected members of any county legislative board, body, or assembly and shall not be prohibited from participating in and voting on all matters before those bodies that may affect the municipality they represent.
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An Act relative to Massachusetts solar access law
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S1314
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SD1772
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:53:13.743'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:53:13.7433333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-15T09:50:11.32'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1314/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 1314) of Susan L. Moran and Julian Cyr for legislation relative to Massachusetts solar access law. Municipalities and Regional Government.
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Section 3 of Chapter 40A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 101, after the words "or welfare.", the following:-
A damage to the above listed "public health, safety and welfare" shall be proven in a court of law by local authorities that seek to restrict the use of solar systems attached to permanent buildings.
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An Act relative to municipal equity in Steamship Authority operations
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S1315
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SD1773
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:54:05.213'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:54:05.2133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1315/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 1315) of Susan L. Moran for legislation relative to municipal equity in Steamship Authority operations. Municipalities and Regional Government.
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The fourth paragraph of section 3 of chapter 701 of the acts of 1960, as most recently amended by section 3 of chapter 429 of the acts of 2002, is hereby further amended by striking out the second and third sentences and inserting the following sentence:- The votes of the members of the authority shall be weighted such that the county of Dukes County member's vote shall count as 35 per cent of the whole; the Nantucket member's vote shall count as 35 per cent of the whole; and the Barnstable, Falmouth and New Bedford members' votes shall each count as 10 per cent of the whole, to the end that the votes of the county of Dukes County and Nantucket members, if cast on the same side of any motion placed before the authority, shall pass or defeat that motion, provided, however, that a vote of greater than 50 per cent of the weighted vote and a vote from a town whose vote is weighted under 15 per cent shall be necessary for any action taken by the authority.
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An Act authorizing the county of Plymouth to issue pension obligation bonds or notes
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S1316
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SD789
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T13:03:57.493'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T13:03:57.4933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1316/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1316) of Patrick M. O'Connor for legislation to authorize the county of Plymouth to issue pension obligation bonds or notes. Municipalities and Regional Government.
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SECTION 1. The county of Plymouth may issue bonds or notes from time to time for the purpose of funding all or a portion of its unfunded pension liability to the Plymouth County Contributory Retirement System. The proceeds of any such issuance, other than amounts to be applied to issuance costs and expenses, shall be transferred by the county to the retirement system. The term of any such bonds or notes shall not exceed 10 years from the date of issuance. No such bonds or notes shall be issued without, for each issuance, a 2/3 vote of the advisory board on county expenditures of the county of Plymouth upon a recommendation by the county commissioners. Upon the authorization of the issuance of pension obligation bonds by the advisory board on county expenditures, the county shall submit the vote and a plan demonstrating how the county will finance and allocate the debt service associated with the bonds or notes to the executive office for administration and finance, and no bonds or notes authorized to be issued by this act shall be issued until the secretary for administration and finance has approved the plan and the issuance of such bonds or notes. Except as otherwise provided in this act, such bonds or notes shall be subject to the provisions of chapter 35.
SECTION 2. The aggregate principal amount of the bonds or notes issued under this act shall not be greater than the amount sufficient to extinguish the county’s unfunded pension liability to the Plymouth County Contributory Retirement System as determined in accordance with this section, plus an amount to provide for issuance costs and other expenses necessary or incidental thereto. The retirement board of the Plymouth County Contributory Retirement System shall first determine the amount sufficient to extinguish the unfunded pension liability of the county in accordance with the report of a nationally recognized independent consulting firm, which may be the consulting actuary generally retained by the retirement board, and with the approval of the public employee retirement administration commission. Such report shall also set forth the present value savings to the county reasonably expected to be achieved as a result of the issuance of such bonds or notes.
SECTION 3. The maturities of the bonds or notes issued under this act shall be scheduled such that the annual combined payments of principal and interest for each issue shall be as nearly equal as practicable in the opinion of the county commissioners; provided, however, that the maturities of such bonds or notes may be scheduled so as to provide a more rapid amortization of principal, or in accordance with any other manner consistent with the county's approved funding schedule, as the secretary for administration and finance shall approve.
SECTION 4. This act shall take effect upon its passage.
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An Act amending the charter of the town of Marshfield
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S1317
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SD1483
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:59:50.167'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:59:50.1666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1317/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1317) of Patrick M. O'Connor (by vote of the town) for legislation to amend the charter of the town of Marshfield. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. The charter of the town of Marshfield, which is on file in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out the words “board of selectmen”, each time they appear, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 2. Said charter is hereby further amended by striking out the word “selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- members of the select board.
SECTION 3. This act shall take effect upon its passage.
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[{'Description': 'SD1483 -- Marshfield', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=15093&title=SD1483%20--%20Marshfield'}]
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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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[]
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An Act to improve parking and pedestrian safety
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S1318
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SD1488
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T17:00:34.787'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T17:00:34.7866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1318/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1318) of Patrick M. O'Connor for legislation to improve parking and pedestrian safety. Municipalities and Regional Government.
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SECTION 1. Chapter 22 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following section:-
Section 23. (a) In a city or town, where municipal on-street angle or perpendicular parking is provided adjacent to a commercial building, there shall be constructed safety appurtenances to: (i) separate parking spaces from the sidewalk or frontage area of the building, (ii) prevent a motor vehicle from erroneously moving onto the sidewalk or other frontage to said building where pedestrian activity is likely to occur, and (iii) prevent a motor vehicle from coming into contact with the building structure. For purposes of this section, the term commercial building shall mean the construction, reconstruction or substantial rehabilitation to enlarge or extend an existing building or structure so as to increase its gross floor area, which is intended for 1 or more of the following uses: (1) office, (2) retail business or service, (3) institutional or educational, or (4) hotel or motel; provided, that such construction, reconstruction or substantial rehabilitation shall exceed $1,000,000 in cost.
(b) The owner of a commercial building shall design any enclosed or off-street parking lots or facilities for commercial developments, districts or buildings in a way that maintains a safe walking distance between the denoted parking and the entryway to the building. The owner of a commercial building shall construct safety appurtenances to separate the parking spaces from the walkway and to prevent a motor vehicle from erroneously leaving the parking area and entering the walkway or colliding with the building.
(c) Safety appurtenances shall have the ability to physically stop a motor vehicle from breaching the pedestrian walkway or building frontage and structure. The safety appurtenances may be either a standard structural bollard, retaining wall, landscape planter or any other structural member or frame that will withstand the force of the motor vehicle and prevent it from crashing through to the pedestrian walkway or building frontage and structure.
(d) All safety appurtenances shall be constructed based on local zoning ordinances and bylaws so as to not reduce the sidewalk or the building frontage below the minimum width required for pedestrian accessibility under the architectural access board regulations, promulgated pursuant to section 13A of chapter 22. No municipality or agency shall approve a plan or grant a permit for a commercial development or district unless the plan and proposed development includes the safety appurtenances required pursuant to this section.
(e) The department may issue a waiver for buildings and developments for which unique circumstances make compliance with the requirements of this section an unreasonable burden. Developers shall submit requests in writing that include an explanation of the unique circumstances and information on alternative safety measures included in the project’s design that will protect against vehicle incursions on sidewalks or into buildings. The board shall maintain records of waiver requests and outcomes in a written and publicly-accessible form.
(f) The department shall promulgate rules and regulations relative to the construction, installation and maintenance of such safety appurtenances.
SECTION 2. Said Chapter 22, as so appearing, is hereby amended by adding the following section:-
Section 23A. There shall be a commission known as the Pedestrian Safety Design Advisory Group, referred to in this section as the commission. The commission shall investigate best practices for planning, design, installation, and maintenance of physical safety measures to improve the safety of parking lots and public spaces and shall develop recommendations for rules and regulations governing the installation of bollards, appurtenances, or other physical safety improvements designed to protect sidewalks and other public spaces from vehicle encroachment.
The commission shall consist of 15 members, 1 of whom shall be a member of the house of representatives appointed by the speaker of the house of representatives; 1 member of the house of representatives to be appointed by the minority leader of the house; 1 of whom shall be a member of the senate appointed by the president of the senate; 1 member of the senate to be appointed by the senate minority leader; 1 of whom shall be the secretary of the executive office of public safety and security or a designee, who shall serve as chair; 1 of whom shall be the executive director of the architectural access board or a designee; 1 of whom shall be the executive director of the Massachusetts School Building Authority or a designee; 1 of whom shall be the secretary of the Department of Transportation or a designee; 1 of whom shall be a professional engineer appointed by the American Council of Engineering Companies of Massachusetts; 1 of whom shall be appointed by the Massachusetts Municipal Association; 1 of whom shall be appointed by appointed by NAIOP Massachusetts; 1 of whom shall be appointed by the Massachusetts chapter of the American Institute of Architects; 1 of whom shall be appointed by The Massachusetts Property Insurance Underwriting Association; 1 of whom shall be appointed by the Associated General Contractors of Massachusetts; and 1 of whom shall be appointed by the New England chapter of the American Public Works Association.
The commission shall submit a report with recommendations for best practices and any draft rules and regulations to the Executive Office of Public Safety and the chairs of the Joint Committee on Transportation by December 31, 2024.
SECTION 3. Section 1 of Chapter 90I of the General Laws, as so appearing, is hereby amended by striking the words “and (v)” and inserting in place thereof the following:-
“(v) ensure that eligible projects comply with the requirements of section 101 of chapter 143 and any additional rules or regulations promulgated by the department; and (vi)”
SECTION 4. Chapter 175 of the General Laws, as so appearing, is hereby amended by adding the following section:-
Section 230. (a) An insurer may consider the installation of safety appurtenances that comply with section 101 of chapter 143 to protect persons located within, or in or on the property of, buildings, or to protect pedestrians, from collisions into those buildings by motor vehicles, on a commercial property parking lot as a safety measure and may provide or offer a discount on the property owner's insurance covering damage or loss to the covered commercial property, or liability arising out of the ownership, maintenance, or use of the commercial property relative to the reduced risk to the property as a result of installation of the appurtenances.
(b) The commissioner may promulgate rules and regulations to implement the requirements of this section.
SECTION 5. Sections 1, 3, and 4 of this act shall go into effect on July 1, 2025.
SECTION 6. Safety appurtenances required pursuant to this act shall only be required for commercial building permitted after the effective date of this act.
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An Act regarding municipal zoning powers
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S1319
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SD2247
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T14:36:48.243'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T14:36:48.2433333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-23T10:22:08.22'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1319/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1319) of Jacob R. Oliveira and Joanne M. Comerford for legislation relative to municipal zoning powers and the installation of solar energy systems. Municipalities and Regional Government.
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Section 3 of Chapter 40A of the General Laws is hereby amended by striking the following language:
"No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare."
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An Act relative to starter home school cost reimbursement
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S132
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SD2078
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T12:20:29.397'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T12:20:29.3966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S132/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 132) of Paul R. Feeney for legislation relative to starter home school cost reimbursement. Community Development and Small Businesses.
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Chapter 40S of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 1 by striking out the definitions of “New smart growth development” and “Smart growth zoning district” and inserting in place thereof the following:-
''New smart growth development'', any new residential or commercial development, including the substantial redevelopment of existing buildings, subject to the payment of local property taxes that: (a) occurs in a smart growth or starter home zoning district after the adoption of such zoning by the community, and (b) is permitted under the provisions of the smart growth or starter home zoning district. A redevelopment shall be considered substantial if its cost exceeds 50 per cent of the building's pre-renovation assessed value or if it constitutes a change in use from nonresidential to residential.
''Smart growth zoning district'', a zoning district adopted by a community and approved by the department of housing and community development which is eligible, and which remains eligible for density bonus payments under chapter 40R including without limitation smart growth zoning districts as defined in section 1 of chapter 40R and starter home zoning districts as defined in section 1 of said chapter 40Y.
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An Act establishing appointed positions of district clerk and district treasurer for the Raynham center water district
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S1320
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SD1155
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T21:06:30.003'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T21:06:30.0033333'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-19T00:03:48.66'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1320/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1320) of Marc R. Pacheco and Angelo L. D'Emilia for legislation to establish appointed positions of district clerk and district treasurer for the Raynham center water district. Municipalities and Regional Government.
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SECTION 1. Section 9 of Chapter 222 of the Acts of 1947 as amended by Chapter 863 of the Acts of 1977 is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- "The board of water commissioners shall appoint a district clerk and a district treasurer, who may be the same person and who need not be residents of the district. The clerk and treasurer will serve for a term of 1 year and may be reappointed by the commissioners to additional terms."
SECTION 2. This act shall not affect the existing terms of a district clerk or district treasurer elected before the effective date of this act. The board of water commissioners shall appoint the successors to those positions when their current elected terms expire.
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An Act relative to planning boards and subdivision control laws
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S1321
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SD1811
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T01:26:23.403'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T01:26:23.4033333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-24T14:00:54.79'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1321/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1321) of Marc R. Pacheco and Steven S. Howitt for legislation relative to planning boards and subdivision control laws. Municipalities and Regional Government.
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SECTION 1. Section 81L of chapter 41 of the General Laws, as so appearing in the 2020 official edition, is hereby amended, in line 72, by inserting after the word “thereon.” the following new wording:-
(d) and provided that, not more than 3 new lots for development are being created by such division.
SECTION 2. Section 81P of said chapter is hereby amended by striking out in each occurrence the word “twenty-one” and inserting in place thereof the word “thirty”
SECTION 3. Section 81U of said chapter is hereby amended, by striking paragraph 7, lines 80-85, and inserting in place thereof the following new paragraph 7:-
“Before endorsement of its approved plan, a planning board shall require that the construction of ways and installation of municipal services be secured by one or in part by one and in part by another, of the methods described in the following clauses (1), (2), (3), and (4) which method or combination of methods may be selected and specifically approved by the planning board and from time to time may be proposed to be varied or changed by the applicant.”
Section 81U is further amended by striking paragraph 10, lines 98-112, and inserting in place thereof the following new paragraph 10:-
(3) By a covenant, executed and duly recorded by the owner of record, running with the land and including all parcels proposed for development as approved by the definitive plan, whereby such ways and services shall be provided to serve any lot before such lot may be built upon or conveyed, other than by mortgage deed; provided, that a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of such premises or part thereof may sell any such lot, subject to that portion of the covenant which provides that no lot shall be built upon until such ways and services have been provided to serve such lot; and provided, further, that nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the planning board. A deed of any part of the subdivision in violation hereof shall be voidable by the grantee prior to the release of the covenant but not later than three years from the date of such deed. Partial covenants over individual lots shall not be permitted.
And further amended by striking paragraph 13, lines 130-137, and inserting in place thereof the following new paragraph 13:-
“The penal sum of any such bond held under clause (1) or any deposit held under clause (2) or any amount of funds retained pursuant to an agreement under clause (4) shall bear a direct and reasonable relationship to the expected cost including the effects of inflation, necessary to complete the subject work including the prevailing wage costs of labor that would be incurred by the city or town to do so. Such amount or amounts shall from time to time be reduced so that the amount bonded, deposited or retained continues to reflect the actual expected cost of work remaining to be completed. However, in no way shall the approval of a definitive plan or reduction of the penal sum held in surety be deemed to constitute the laying out or acceptance of any roadway or improvement thus proposed.”
SECTION 4. Section 81Y of said chapter is hereby amended in by adding at the end thereof the following new paragraph:-
“If a subdivision has been made in a city or town while the subdivision control law is in effect in such city or town and the planning board has endorsed a plan showing the subdivision or the subdivision has otherwise been recorded due to the planning board’s failure to act and where ownership of any or all lots shown on such plan are to be subject to easements, declarations or other legal encumbrances, such as legal restrictions and obligations related to homeowner associations, drainage easements, recreation amenities or other legally granted or placed easements, restrictions, or obligations; then the person who made the subdivision or any successor in interest with notice, actual or record, of such legally recorded easements, restrictions, or obligations shall inform any successors to their interest to any lot shown on such approved subdivision plan of such easements, restrictions, or obligations, the details related thereto and a copy of the documents from which such easements, restrictions, or obligations originate no later than the execution of the final deed transferring ownership from person making the subdivision or their successor in interest and the successor interest to whom the deed is being granted.”
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An Act relative to courtesy retail parking spaces designed for non-handicapped veterans
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S1322
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SD1349
| 193
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{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-19T13:18:37.653'}
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[{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-19T13:18:37.6533333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-23T12:18:30.0066667'}]
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Bill
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By Mr. Payano, a petition (accompanied by bill, Senate, No. 1322) of Pavel M. Payano and Adam Scanlon for legislation relative to courtesy retail parking spaces designed for non-handicapped veterans. Municipalities and Regional Government.
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Chapter 40 of the General is hereby amended by inserting after section 22A3/4 the following section:-
Section 22A5/6. (a) A municipality may designate a parking space in off street parking lots, large retail parking lots and parking garages for the parking veteran in a motor vehicle that is owned and operated by the veteran and that displays a veteran registration plate issued pursuant to section 2 of chapter 90. The municipality shall be permitted to reserve not more than two parking spaces in parking lots with more than one thousand parking spaces. Municipalities shall also be permitted to reserve not more than two additional spaces for every additional five hundred parking spaces in a parking lot. The municipality shall erect and maintain a sign designating such a parking space that shall bear the words ''Veteran Parking Only— this space is reserved for those who have served. Unauthorized Vehicles May Be Removed At The Vehicle Owner's Expense''.
(b) A violation of subsection (a) shall be punished by a fine of $100 and the city or town may provide for the removal of a vehicle in the manner provided in section 22D. The penalty shall not be a surchargeable offense under section 113B of chapter 175.
(c) The Chief Executive Officer, as defined in section 2 of Chapter 21D of the General Laws, shall work with the owning or managing party of eligible parking lots and garages pursuant to subsection (a) for the purposes of carrying out subsection (a).
SECTION 2. This act shall take effect upon its passage.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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[]
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An Act to support the equitable utilization of third party consultants in land use determinations
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S1323
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SD550
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:13:23.363'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:13:23.3633333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:47:32.6133333'}]
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1323) of Michael F. Rush and Paul McMurtry for legislation to support the equitable utilization of third party consultants in land use determinations. Municipalities and Regional Government.
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SECTION 1. Section 53G of chapter 44, as appearing in the 2014 Official Edition of the General Laws, is hereby amended by inserting after the first sentence the following:-
Such rules shall require that the city or town establish and update as necessary a list of approved outside consultants having the minimum qualifications in one or more fields in which the local permitting boards or commission reasonably expect to require outside consultants in reviewing applications. The list shall be certified by the city clerk or town clerk and shall contain not less than three outside consultants in each field. The applicant shall have the right to select the outside consultant(s) from the certified list and to request and receive a proposal from each consultant prior to making such selection. An applicant or petitioner shall not be charged with the travel costs of an outside consultant. Where a proposed project requires the review and approval of more than one local board, commission, or official, the respective local boards, commissions, and officials shall coordinate in their use of outside consultants in order to avoid unnecessary duplication.
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An Act relative to EMS leave without loss of pay
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S1324
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SD551
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:17:02.76'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:17:02.76'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:47:36.8333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1324/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1324) of Michael F. Rush and Paul McMurtry for legislation relative to EMS leave without loss of pay. Municipalities and Regional Government.
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SECTION 1. Section 111M of chapter 41, is hereby amended by striking every occurrence of the phrase “city or town or fire or water district” and inserting in place thereof the following phrase “city or town or political subdivision thereof, including the Boston Public Health Commission, or fire or water district”.
SECTION 2. Section 111N of chapter 41, is hereby amended by striking every occurrence of the phrase “city or town” and inserting in place thereof the following phrase “city or town, including political subdivisions thereof, including the Boston Public Health Commission, and fire or water districts”.
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An Act relative to local opt-in for permanent outdoor dining
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S1325
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SD417
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:56:31.33'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:56:31.33'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-06T11:06:15.79'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-10T14:18:23.7'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1325/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1325) of Bruce E. Tarr and Patrick M. O'Connor for legislation relative to local opt-in for permanent outdoor dining. Municipalities and Regional Government.
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Notwithstanding chapter 40A of the general laws or any special permit, variance or any other general or special law to the contrary, a city or town may approve requests for expansion of outdoor table service or extensions of earlier granted approvals, including a local licensing authority ("LLA") approving a request for a change description of licensed premises for the purpose of permitting outdoor alcohol and or service. For the purposes of this section "outdoor table service" shall mean restaurant service that includes food prepared on-site and under food permits issued by municipal authorities pursuant to 105 CMR 590.00 that is served to seated diners outside the restaurant building envelop, whether on a sidewalk, patio, deck, lawn, parking area, or other outdoor space.
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An Act to provide clarification to Mass General Laws
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S1326
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SD2069
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T12:48:01.213'}
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[{'Id': None, 'Name': 'Gracemarie Tomaselli', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T12:48:01.2133333'}, {'Id': None, 'Name': 'Joyce Tomaselli', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T12:48:01.2266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1326/DocumentHistoryActions
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Bill
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By Mr. Tarr (by request), a petition (accompanied by bill, Senate, No. 1326) of Gracemarie Tomaselli and Joyce Tomaselli for legislation to provide clarification of betterments with regard to sewer projects. Municipalities and Regional Government.
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Massachusetts General Laws Chapter 80 Section 1 as appearing in the 2020 edition is hereby amended by striking it in its entirety and replacing it with the following:-
Section 1. Whenever a limited and determinable area will receive a particular benefit or advantage, other than the general advantage to the community, from a single public project improvement made by or in accordance with the formal vote at Town Meeting or City Council or order of a board of officers of the commonwealth or of a county, city, town or district, and such original assessment order for construction of the sewer states that betterments are to be imposed as assessments for the construction of the sewer be assessed for the improvement. The board shall in the order for the construction of the sewer assessment designate as the owner of each parcel the person who was liable to assessment named in the order therefor on the preceding January first under the provisions of chapter fifty-nine. Starting the day after the assessment order vote the tax collector must include in all municipal lien certificates that improvements have been voted, with regards to which there will probably be liens as an obligation chargeable upon the land as defined in MGL c. 60 s. 23, this certificate releases liability for new buyers whether or not this municipal lien certificate is recorded at the registry of deeds. Such assessing board shall within six months after the completion of the sewer project improvement determine the value of such benefit or advantage to the land within such area and determine final costs of construction, less grants, and send a notice of net actual assessment and assess upon each parcel thereof a proportionate share of the cost of such improvement, and shall include in such cost all damages awarded therefor under chapter seventy-nine; but no such assessment shall exceed the amount of such adjudged benefit or advantage.
Massachusetts General Laws Chapter 80 Section 2 as appearing in the 2020 edition is hereby amended by striking it in its entirety and replacing it with the following: -
Section 2. An assessment order for the construction of the sewer under section one which states that betterments are to be assessed for the improvement shall contain a description sufficiently accurate for identification of the area which it is expected will receive benefit or advantage, other than the general advantage to the community, from such improvement, and shall refer to a project plan of such area which includes only the contracts within the project, and shall contain an estimate of assessment for the betterments that will be assessed upon each parcel of land within such area; and such assessment order to construct, the project plan and estimated assessment shall be recorded, within ninety days from the adoption of this assessment order, or from the acceptance by a town of the laying out, relocation or alteration of a way in case such acceptance is required before the establishment thereof, in the registry of deeds of every county or district in which the benefited area is situated. No betterments shall be assessed for such improvement unless the order for the construction of the sewer project, project plan and estimate are recorded at the Registry of Deeds to create a lien. The assessment lien for the construction of a sewer relates back from the time of the formal vote of the assessment order for construction of the sewer as herein provided, nor upon any parcel of land not within such area, nor for a greater amount than such estimate or actual final net construction costs. As to third persons without actual knowledge of the installation of the sewer improvement, such as subsequent mortgagees and purchasers, the assessment is only valid if the board complies with recording the assessment order of construction at the registry of deeds to create a lien.
Massachusetts General Laws Chapter 80 Section 4 as appearing in the 2020 edition is hereby amended by striking it in its entirety and replacing it with the following: -
Section 4. Within a reasonable time after making the net actual assessment the board shall certify to the assessors the list of final actual assessments upon land in each town who shall forthwith commit the net project cost less grants received actual assessment such assessments with their warrant to the collector of taxes thereof, and he shall forthwith send notice of final committed assessment in accordance, except as to the date of notice, with section three of chapter sixty, to the person designated under section one as the owner of each parcel named in the assessment order of construction assessed, and any demand for the payment of such final assessment shall be made upon such person. The notice of final committed actual assessment must be sent by certified mail to the liable owner named in the assessment order for the construction of the sewer, parcel address and ID, amount owed, the date of the assessment order vote to construct the sewer, the vote to construct the sewer with the area within the project plan and contracts included in the project. The date of the bill, payment due date and options, interest rate and abatement rights. The notice of final committed actual assessment shall also be sent by certified mail to the current property owner of record, if different from assessed liable owner, with an explanation of the assessment purpose (project), and provided with a form to request an apportionment from the assessor and also notified of abatement rights. Except as otherwise herein provided, the collector shall have the same powers and be subject to the same duties with respect to such final assessments as in the case of the annual taxes upon real estate, and the law in regard to the collection of the annual taxes, to the sale of land for the non-payment thereof and to redemption therefrom shall apply to final assessments made under this chapter, so far as the same are applicable; but the owner of land shall not be personally liable for the assessment thereon, because a special assessment or betterment must be secured by a lien on the property benefited. To enforce collection, the Assessing Board must establish a valid lien at the Registry of Deeds of the assessment order to construct the sewer Every collector of taxes receiving a list of assessed owners named in the assessment order of construction and warrant from the assessors shall collect the final assessment therein set forth, and at such times as the assessors shall direct, or in the case of assessments relating to state funded projects, as the collector of taxes and the board determine shall pay over to the treasurer of the body politic on behalf of which the assessment was made the amounts collected by him.
Massachusetts General Laws Chapter 80 Section 5 as appearing in the 2020 edition is hereby amended by striking it in its entirety and replacing it with the following: -
Section 5. The liable owner of any real estate upon which betterments have been
assessed whose name appears in the order of construction or the current owner not named in the order of construction and with an assessment order lien recorded at the registry of deeds, may, within six months after notice bill of such final assessment has been sent out by the collector, file with the board a petition for an abatement thereof, and the board shall grant such abatement as may be necessary to make such assessment conform to section one. Such petition may be filed with the clerk or secretary of the board, or delivered by mail or otherwise at their office. The board shall within ten days after their decision upon the petition give written notice thereof to the petitioner. If a final actual assessment is abated by the board the assessment so determined shall stand as the final actual assessment upon the land, and if it has not been paid shall be collected in the same manner as the original assessment. If the original assessment has been paid, the person by whom it was paid shall be reimbursed by the body politic on behalf of which it was assessed to the amount of the abatement allowed, with interest at the rate of six per cent per annum from the time of payment.
Massachusetts General Laws Chapter 80 Section 12 as appearing in the 2020 edition is hereby amended by striking it in its entirety and replacing it with the following: -
Section 12. Betterment Assessments made under this chapter shall constitute a lien upon the land assessed. The lien shall take effect upon the recording at the Registry of Deeds the original order of assessment to construct the sewer stating that betterments or special assessments are to be assessed for the improvement. A special assessment or betterment is secured by a lien on the property benefited. To enforce collection, the assessing board (city/town council, board of selectmen, water/sewer/road commissioners) must establish a valid lien.
Notwithstanding any other provision of this section or chapter eighty-three, if a county, city, town, or district elects to send notice of the net committed assessment to the owner of the land assessed indicating the amount of the assessment for the betterment, and said owner pays the amount due, no lien shall be recorded. The assessors shall indicate on the next tax bill that the amount of the betterment assessment has been paid and no further notation or demand shall be made on land so assessed. Except as otherwise provided, such lien shall terminate at the expiration of two years from October first in the year in which the assessment is first placed on the annual tax bill under section thirteen or, if an assessment has been apportioned, from October first in the year in which the last portion is so placed upon the annual tax bill, whichever is later, if in the meantime in either case the estate has been alienated and the instrument alienating the same has been recorded. If there is no recorded alienation within such period, the lien shall continue until there is a recorded alienation. If the validity of an assessment made under this chapter is called in question in any legal proceeding to which the board which made the assessment or the body politic for the benefit of which it was made is a party, instituted prior to the expiration of the lien therefor, the lien shall continue until one year after the validity of the assessment is finally determined, even though an alienation be recorded in the meantime. If at any time while a lien established by this section is in force, a sale or taking cannot in the opinion of the collector be legally made because of any federal or state law or because of any injunction or other action of, or proceeding in, any federal or state court or because of the action of any administrative body, the lien shall, if the statement provided for in section thirty-seven A of chapter sixty is filed, continue as provided in said section thirty-seven A, subject, however, to any lawful action under any paramount authority conferred by the constitution or laws of the United States or the constitution of the commonwealth. If the time for payment of an assessment is extended under section thirteen A or under any general or special law, the lien shall, if the statement provided for in section thirty-seven A of chapter sixty is filed, continue as provided in said section thirty-seven A. A lien under this section may be dissolved by filing for record in the registry of deeds of the county or district where the land subject to the lien lies a certificate, in a form approved by the commissioner of revenue, from the collector of taxes that the assessment, constituting the lien, together with any interest and costs thereon, has been paid or legally abated. The collector of taxes shall charge four dollars for each certificate so issued, and the money so received shall be paid into the town treasury.
Mass General Law Chapter 83 Section 15 as appearing in the 2020 edition is hereby amended by striking it in its entirety and replacing it with the following: -
Section 15. The city council of a city or a town may adopt a system of sewerage for a part or the whole of its territory, and may provide that assessments under section fourteen shall be made upon owners of land within such territory by a fixed uniform rate or a rate based upon a uniform unit method. A municipality may not vote to adopt sewer betterment charges under this section. A municipality cannot vote to adopt sewer betterment charges or sewer assessment charges, after the particular project which included the contracts within the project are constructed, and a municipality cannot combine projects with other projects. No betterment assessment or special assessment can be assessed for a particular public improvement project unless the vote is a formal vote at Town Meeting or City Council which includes the order to construct the sewer to impose assessments, project plan including contracts, project estimate, per parcel estimate, and this vote is recorded at the Registry of Deeds to create a lien. The Order of Assessment shall state that betterments are to be assessed for the system extension. The Order of Assessment shall specify the area that the sewer is to be located, identify the properties specially benefited by the extension, identify the owners of said properties as appearing in the Assessor’s record A fixed uniform rate shall be based upon the estimated average cost of all the sewers therein, according to the frontage of such land on any way in which a sewer is constructed, or according to the area of such land within a fixed depth from such way, or according to both such frontage and area; but no assessment in respect to any such land, which by reason of its grade or level or any other cause cannot be drained into such sewer, shall be made until such incapacity is removed. If the assessment is according to the area within such fixed depth, the lien therefor shall attach to the parcel assessed in accordance with Chapter 80 section 2 and Chapter 83 section 27. A uniform unit method shall be based upon sewerage construction costs divided among the total number of existing and potential sewer units to be served, after having proportioned the cost of special and general benefit facilities. Each sewer unit shall be equal to a single family residence. Potential sewer units shall be calculated on the basis of zoning then in effect. Existing and potential multifamily, commercial, industrial and semipublic uses shall be converted into sewer units on the basis of residential equivalents. A city by ordinance or a town by by-law may separate the costs of general benefit facilities, including but not limited to pumping stations, trunk and force mains, from that of special benefit facilities, including but not limited to the sewer mains, serving adjacent properties. A portion of costs of the general benefit facilities may be apportioned by the uniform unit method on all areas to receive benefits within the pumping district or combination of districts. The cost of the general benefit facilities, attributable to undeveloped land not abutting a sewered street, may not be assessed until properties are serviced by public sewerage. The proportional cost of the special benefit and general benefit facilities may be assessed against all properties abutting a sewered street.
Mass General Law Chapter 83 Section 16 as appearing in the 2020 edition is hereby amended by striking it in its entirety and replacing it with the following:-
Section 16. The aldermen of any city or the sewer commissioners, selectmen or road commissioners of a town, may from time to time establish just and equitable annual charges for the use of common sewers and main drains and related stormwater facilities, which shall be paid by every person who enters his particular sewer therein. The user fee xvi charge shall be based on each sewer user’s actual water use when water records are available. The money so received may be applied to the payment of the cost of maintenance and repairs of such sewers or of any debt contracted for sewer purposes. In establishing quarterly or annual charges for the use of main drains and related stormwater facilities, the city, town, or district may either charge a uniform fee for residential properties and a separate uniform fee for commercial properties or establish an annual charge based upon a uniform unit method; but, the charge shall be assessed in a fair and equitable manner. The annual charge shall be calculated to supplement other available funds as may be necessary to plan, construct, operate and maintain stormwater facilities and to conduct stormwater programs. The city, town or district may grant credits against the amount of the quarterly or annual charge to those property owners who maintain on-site functioning retention/detention basins or other filtration structures as approved by the stormwater utility, conservation commission, or other governmental entity with appropriate authority.
Mass General Law Chapter 83 Section 27 as appearing in the 2020 edition is hereby amended by striking it in its entirety and replacing it with the following: -
Section 27. Whenever the aldermen of a city or the sewer commissioners, selectmen or road commissioners of a town lay out or determine to construct a sewer or drain in a public way, or in a way opened or dedicated to the public use which has not become a public way, or adopt an order for the establishment or reconstruction of a sidewalk for such a way, and assessments may be made or charges imposed under this chapter for the construction of such improvement or the use thereof, they shall forthwith cause to be recorded in the registry of deeds of the county or district in which such city or town is situated a statement of their action, which shall specify the ways in which such sewer, drain or sidewalk is located. All assessments made or charges imposed under this chapter upon land which abuts upon any such way in which such sewer, drain or sidewalk is located shall constitute a lien upon such land from the time such statement is recorded and all charges authorized by section sixteen shall from the time of assessment construction order constitute a lien upon the land connected with the common sewer. Liens under this section shall continue for the same period and under the same conditions as a lien established under chapter eighty.
Mass General Law Chapter 83 Section 28 as appearing in the 2020 edition is hereby amended by striking it in its entirety and replacing it with the following: -
Section 28 Application of betterment law FOR CONSTRUCTION OF SEWER PROJECTS Section 28. The provisions of chapter eighty relative to imposing assessment of costs of public improvement, order of construction, plan and estimate; recordation of liens, apportionment, division, reassessment, abatement and collection of assessments, and to interest, lien status of assessments, and duration of lien, shall apply to assessments made under this chapter.
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An Act requiring a parent or guardian who is exempt from property tax to reimburse a child’s school for tuition
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S1327
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SD806
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T14:07:56.417'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T14:07:56.4166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1327/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1327) of Walter F. Timilty for legislation to require a parent or guardian who is exempt from property tax to reimburse a child’s school for tuition. Municipalities and Regional Government.
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Section 6 of chapter 76 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
Notwithstanding any general or special law to the contrary, a municipality may recover tuition for a child who is attending school in the municipality from the child’s parent or guardian in the same manner as set forth above if the child’s parent or guardian lives in a residence that is exempt from property tax as an educational institution under of clause Third of section 5 of chapter 59.
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An Act to restrict the use of polystyrene
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S1328
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SD2307
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T15:29:16.243'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T15:29:16.2433333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-13T16:15:38.43'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-11T10:30:45.8633333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T17:58:07.0533333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T08:58:35.68'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T11:30:46.1333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1328/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1328) of Michael J. Barrett and Joanne M. Comerford for legislation to restrict the use of polystyrene. Public Health.
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Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 5S, the following section:-
Section 5T. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Disposable Food Container”, a single-use disposable product used in a food service establishment for serving, transporting or packaging prepared, ready-to-consume or uncooked food or beverages.
“Food Establishment”, a business that stores, prepares, packages, serves, vends or otherwise provides food for human consumption, including but not limited to, any establishment requiring a permit to operate in accordance with the State Food Code.
“Polystrene”, a synthetic resin which is a polymer of styrene, used chiefly as lightweight rigid foams and solid containers.
“Prepared Food”, food or beverage for consumption on the premises of a food establishment, using any cooking or food preparation technique. This does not include any raw uncooked meat, fish or eggs unless provided for consumption without further food preparation.
“Retail Establishment”, a commercial business facility that sells goods directly to the consumer, including but not limited to, grocery stores, pharmacies, liquor stores, convenience stores, restaurants, retail stores and vendors selling clothing, food and personal items.
(b) Except as provided herein, on or after August 1, 2025, food establishments shall be prohibited from dispensing food to customers in disposable food service containers made from polystyrene.
(c) Except as provided herein, on and after August 1, 2025, retail establishments shall be prohibited from selling or distributing disposable food containers made of polystyrene to customers.
(d) A food establishment may apply to the health department of the town or city in which it operates, showing that the conditions of this provision would cause undue hardship. The local health department or its designee may defer application of this provision for a food establishment for a one year period. An undue hardship shall mean a situation unique to the food establishment where there are no reasonable alternatives to the use of polystyrene disposable food service containers and compliance with this provision would cause significant economic hardship to that food establishment.
(e) The commissioner shall promulgate regulations for the enforcement of this section. Regulations promulgated under this section shall include fines, not to exceed 1,000 dollars, for any single violation of subsections (b) and (c).
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An Act providing for consumer access to and the right to practice complementary and alternative health care services
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S1329
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SD1365
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:00:34.01'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:00:34.01'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T12:50:34.94'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T11:06:22.8566667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-14T11:43:00.4233333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-14T11:43:00.4233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-12T11:07:45.9033333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-12T11:07:33.8033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1329/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1329) of Nick Collins, Jack Patrick Lewis, Jacob R. Oliveira, Patrick M. O'Connor and others for legislation to provide for consumer access to and the right to practice complementary and alternative health care services. Public Health.
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SECTION 1. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 276. (a) As used in this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:-
“complementary and alternative health care practitioner”, an individual who provides complementary and alternative health care services for remuneration or holds oneself out to the public as a provider of complementary and alternative health care services and who is not licensed, certified, or registered as a health care practitioner by the state of Massachusetts.
"complementary and alternative health care services", the broad domain of health and healing therapies and methods of practice not prohibited by subsection (e).
(b) A complementary and alternative health care practitioner who is providing complementary and alternative health care services shall not be in violation of any provisions of this chapter relative to the licensing of health care professionals unless the practitioner:
(i) fails to fulfill the duties of disclosure set forth in subsection (c); or
(ii) engages in any activity prohibited by subsection (e).
(c) A complementary and alternative health care practitioner shall, prior to providing services to a client for the first time, disclose the following information to the client in a plainly worded written document:
(i) the practitioner’s name, title, and business address and telephone number;
(ii) a description of the complementary and alternative health care services to be provided;
(iii) the practitioner’s degrees, training, experience, credentials, or other qualifications if any, relative to the complementary and alternative health care services being provided; and
(iv) a statement that any client records and transactions with the complementary and alternative health care practitioner are confidential unless the release of these records is authorized in writing by the client or otherwise provided by law.
(d) Before providing complementary and alternative health care services to a client, a complementary and alternative health care practitioner shall obtain a written acknowledgment from the client stating that he or she has been provided with the information described in subsection (c). The acknowledgment shall be maintained for 2 years by the practitioner.
(e) A complementary and alternative health care practitioner shall not:
(i) perform surgery or any other procedure that punctures the skin of a person;
(ii) use radiation, radioactive substances or local, general or spinal anesthesia;
(iii) prescribe or administer any form of fluoroscopy on any person;
(iv) prescribe or administer a prescription drug or controlled substance or a prescription medical device;
(v) provide a medical disease diagnosis;
(vi) perform a chiropractic adjustment;
(vii) represent that they practice massage therapy; or
(viii) hold out, state, indicate, advertise, or imply to any person that he or she is a health care provider licensed, certified, or registered by the Commonwealth.
(f) This section shall not apply to, control, or prevent any health care professional licensed, certified, or registered by the commonwealth from practicing lawfully and in accordance with any general or special law relative to their professional practice or pursuant to any other general or special law.
(g) This section shall not apply to, control, or prevent any acts or persons that would otherwise be permitted by law.
SECTION 2. Section 1 shall take effect on January 1, 2024.
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An Act establishing the Office of Massachusetts Main Streets
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S133
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SD925
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T13:26:59.1'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T13:26:59.1'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T12:13:17.12'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-06-07T11:32:45.5233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S133/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 133) of Jason M. Lewis and Rebecca L. Rausch for legislation to establish the Office of Massachusetts Main Streets. Community Development and Small Businesses.
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Chapter 23A of the 2020 Official Edition of the General Laws is hereby amended after section 13 by inserting the following new section:-
131/2. Office of Massachusetts Main Streets
Within Office of Business Development, there shall be established an Office of Massachusetts Main Streets. The Office of Massachusetts Main Streets shall serve as the principal agency for promoting and protecting the downtown and commercial districts of the commonwealth’s cities and towns. The Office of Massachusetts Main Streets shall provide informational, marketing, and technical assistance to federal, state and local Main Street groups and coordinate federal, state and local Main Street efforts to further accomplish the goal of promoting and protecting downtown and commercial districts of the Commonwealth.
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An Act to reduce incidence and death from pancreatic cancer
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S1330
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SD264
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:43:02.55'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:43:02.55'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-19T14:55:07.0066667'}, {'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-24T12:41:54.6733333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-27T12:19:29.33'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-27T12:19:29.33'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-27T09:40:23.7266667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T10:33:00.3166667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-07-28T11:40:10.2966667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-31T12:49:35.29'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-09T17:32:34.99'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-05T13:28:53.31'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-14T11:05:19.89'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:42:00.5966667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T17:08:12.35'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-20T12:34:18.53'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T14:18:14.1633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:40:52.31'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T19:22:00.4666667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-06T12:10:26.93'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T22:37:34.4866667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-22T13:16:18.45'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T10:44:29.8066667'}, {'Id': 'DHW1', 'Name': 'Donald H. Wong', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DHW1', 'ResponseDate': '2023-03-13T14:30:20.6266667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-20T08:54:17.0333333'}, {'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-03-29T15:29:24.3366667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-04-27T09:05:04.3866667'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-04-27T09:05:04.3866667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-17T22:42:37.3633333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-07-21T11:45:59.9233333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-07-21T11:45:59.9233333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-08-02T15:20:17.0833333'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1330) of Joanne M. Comerford, Ryan C. Fattman, William N. Brownsberger, Carmine Lawrence Gentile and other members of the General Court for legislation to reduce incidence and death from pancreatic cancer. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the following section:-
Section 244. (a) The department shall administer a comprehensive pancreatic cancer initiative to provide coordinated pancreatic cancer prevention, screening, education and support programs in the commonwealth. The department may develop and implement other initiatives regarding pancreatic cancer awareness, research and care that the department determines will further the purposes of this section.
(b) There shall be a pancreatic cancer advisory council within the department. The council shall be appointed and convened by the commissioner and shall consist of 13 members representing interdisciplinary fields including, but not limited to, oncology, palliative care, medicine, nursing, social work, pharmacy, spirituality and the area of patient and family caregiver advocacy, including health professionals having expertise treating pancreatic cancer patients and their families; provided, at least 1 member shall be a representative of the Pancreatic Cancer Action Network and 1 member shall be a representative of the American Cancer Society Cancer Action Network. The commissioner may appoint other members that the commissioner deems appropriate. Council members shall serve for a period of 3 years at the pleasure of the commissioner. The members shall elect a chair and vice chair whose duties shall be established by the council. The department shall provide a place for regular meetings of the council, which shall meet at least monthly.
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:
(1) Investigate and make recommendations for a system to certify and approve hospital systems that meet National Pancreatic Cancer Foundation criteria and post this information on an appropriate state website and on advocacy organization websites.
(2) Identify institutions and hospital systems which could meet the criteria in areas that are geographically underserved and provide them with incentives to develop the necessary resources to comply in order to assure that all residents have access to hospitals that meet the criteria.
(3) Investigate and make recommendations for the establishment of a multi-provider consortium to develop and disseminate amongst each other best practice algorithms, decision aids for electronic health record systems, and quality metrics for all phases of care in pancreatic cancer. The consortium shall partner with other entities including, but not limited to, patient organizations, National Institute of Health and the American Cancer Society Cancer Action Network to develop and maintain a portfolio of statewide clinical trials in pancreatic cancer.
(4) Disseminate targeted communications to primary care providers and their office staff to connect them with the consortium members and resources which are local to their practices.
(5) Utilize the local resources of the consortium members to fully operationalize existing state initiatives to identify existing cancer support services, survivorship care and counseling and to expand these initiatives to meet current needs.
(6) Develop and support the use in all hospitals of a standard consent form for pancreatic cancer patients to consent to donate their tissue samples without restrictions for tissue collection and banking for research.
(b) The department, in conjunction with the pancreatic cancer advisory council, shall conduct a comprehensive study to ascertain the prevalence and incidence of pancreatic cancer in the commonwealth, the unmet needs of persons with pancreatic cancer and their families, time-of-diagnosis statistics and likely risks for pancreatic cancer. Information collected by the study shall include, but not be limited to, the following:
(1) germline testing results;
(2) molecular tumor analysis in patients with metastatic disease;
(3) hospitals treating the highest volume of pancreatic cancer patients;
(4) information on stage of diagnosis;
(5) treatment rendered, including chemotherapy, radiation therapy, surgical treatment, neoadjuvant and adjuvant therapy;
(6) patient outcomes;
(7) number of patients diagnosed who did not receive any treatment or palliative care; and
(8) number of pancreatic resections performed at each hospital and associated outcomes.
(c) The department, in conjunction with the pancreatic cancer advisory council, shall develop and implement a statewide public education and community outreach program to inform the general public about genetic risks, signs, symptoms, and pre-malignant conditions associated with pancreatic cancer, including new-onset diabetes, and the availability of clinical trials for those with pancreatic cancer. In developing and implementing the program, the commissioner shall consult with similar programs including, but not limited to, anti-tobacco, obesity and other pre-malignant conditions associated with pancreatic cancer. The department shall add pancreatic cancer to the list of diseases that its programs target with counseling for tobacco discontinuation, diet and weight management.
SECTION 2. The commissioner of insurance shall survey health insurers in the commonwealth to ascertain coverage benefits of genetic testing for pancreatic cancer across health insurance plans, and present its findings to the committee on health care financing and the committee on financial services no later than June 30, 2024.
SECTION 3. The center for health information and analysis shall conduct a review and update of its mandated benefit review of pancreatic cancer screenings as reported in the center’s report titled “Mandated Benefit Review of S.B. 471: An Act relative to pancreatic cancer screening,” dated July 2014, including an update of the cost analysis for pancreatic cancer screening for high-risk individuals. The center shall present its findings and update to the committee on health care financing and the committee on financial services no later than June 30, 2024.
SECTION 4. The initial meeting of the pancreatic cancer advisory council shall convene no later than 60 days after the effective day of this act.
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An Act relative to end of life options
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S1331
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SD265
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:45:11.817'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:45:11.8166667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-18T10:06:53.75'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-18T10:06:29.11'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-20T15:02:24.59'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-24T09:34:22.1566667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-26T11:48:17.47'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-27T11:55:50.84'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-27T09:40:49.4666667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-27T09:38:12.4733333'}, {'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-27T17:57:01.7333333'}, {'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-02-14T13:38:42.32'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-20T14:47:32.24'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T11:33:46.7733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-09T17:13:19.6466667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-01T23:24:17.26'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-30T13:12:26.14'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-02T09:44:48.9833333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-30T13:31:51.0666667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-03-29T10:54:32.1566667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-06T12:51:30.0266667'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-03-09T10:30:24.6966667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-06T12:10:13.93'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-02-15T09:51:48.2366667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-15T09:51:48.2366667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-03-03T15:14:42.1'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-06-08T14:03:34.15'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-06-19T10:23:12.3166667'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1331) of Joanne M. Comerford, Anne M. Gobi, Mindy Domb, Jack Patrick Lewis and other members of the General Court for legislation relative to end of life options. Public Health.
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The General Laws are hereby amended by inserting after Chapter 201F the following chapter:-
CHAPTER 201G
MASSACHUSETTS END OF LIFE OPTIONS ACT
Section 1. For the purposes of this chapter, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Adult”, an individual who is 18 years of age or older.
“Attending physician”, a physician who has primary responsibility for the care of the patient and treatment of the patient’s terminal disease.
“Consulting physician”, a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding a terminally ill patient’s condition.
“Counseling”, one or more consultations as necessary between a licensed mental health care professional and a patient for the purpose of determining that the patient is capable and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment.
“Guardian”, an individual who has qualified as a guardian of an incapacitated person pursuant to court appointment and includes a limited guardian, special guardian and temporary guardian, but excludes one who is merely a guardian ad litem as defined in section 5-101 of article V of chapter 190B. Guardianship shall not include a health care proxy as defined by chapter 201D.
“Health care provider”, an individual licensed, certified, or otherwise authorized or permitted by law to diagnose and treat medical conditions, and prescribe and dispense medication, including controlled substances.
“Incapacitated person”, an individual who for reasons other than advanced age or being a minor, has a clinically diagnosed condition that results in an inability to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance. An “incapacitated person” shall be defined consistent with the definition of an individual described in section 5-101 of article V of chapter 190B.
“Informed decision”, a decision by a mentally capable individual to request and obtain a prescription for medication pursuant to this chapter that the individual may self-administer to bring about a peaceful death, after being fully informed by the attending physician and consulting physician of:
(a) The individual’s diagnosis and prognosis;
(b) The potential risk associated with taking the medication to be prescribed;
(c) The probable result of taking the medication to be prescribed;
(d) The feasible end-of-life care and treatment options for the individual’s terminal disease, including but not limited to comfort care, palliative care, hospice care and pain control, and the risks and benefits of each as defined in section 227 of chapter 111; and
(e) The individual’s right to withdraw a request pursuant to this chapter, or consent for any other treatment, at any time.
”Licensed mental health care professional”, a treatment provider who is a psychiatrist, psychologist, psychiatric social worker or psychiatric nurse and others who by virtue of education, credentials, and experience are permitted by law to evaluate and care for the mental health needs of patients.
“Medical aid in dying”, the practice of evaluating a request, determining qualification, performing the duties in sections 6, 7 and 8, and providing a prescription to a qualified individual pursuant to this chapter.
“Medically confirmed,” the medical opinion of the attending physician has been confirmed by a consulting physician who has examined the patient and the patient’s relevant medical records.
“Medication”, aid in dying medication.
“Mentally capable”, in the opinion of the attending physician or licensed mental health care professional, the individual requesting medication pursuant to this chapter has the ability to make and communicate an informed decision.
“Palliative care”, a health care treatment as defined in section 227 of chapter 111, including interdisciplinary end-of-life care and consultation with patients and family members, to prevent or relieve pain and suffering and to enhance the patient’s quality of life, including hospice.
“Patient”, an individual who has received health care services from a health care provider for treatment of a medical condition.
“Physician”, a doctor of medicine or osteopathy licensed to practice medicine in Massachusetts by the board of registration in medicine.
“Qualified patient”, a mentally capable adult who is a resident of Massachusetts, has been diagnosed as being terminally ill, and has satisfied the requirements of this chapter.
“Resident”, an individual who demonstrates residency in Massachusetts by presenting one form of identification which may include but is not limited to:
(a) possession of a Massachusetts driver’s license;
(b) proof of registration to vote in Massachusetts;
(c) proof that the individual owns or leases real property in Massachusetts;
(d) proof that the individual has resided in a Massachusetts health care facility for at least 3 months;
(e) computer-generated bill from a bank or mortgage company, utility company, doctor, or hospital;
(f) a W-2 form, property or excise tax bill, or Social Security Administration or other pension or retirement annual benefits summary statement dated within the current or prior year;
(g) a MassHealth or Medicare benefit statement; or
(h) filing of a Massachusetts tax return for the most recent tax year.
“Self-administer”, a qualified patient’s act of ingesting medication obtained under this chapter.
“Terminally ill”, having a terminal illness or condition which can reasonably be expected to cause death within 6 months, whether or not treatment is provided.
Section 2. (a) A patient wishing to receive a prescription for medication under this chapter shall make an oral request to the patient's attending physician. No less than 15 days after making the request the patient shall submit a written request to the patient's attending physician in substantially the form set in section 4.
(b) A terminally ill patient may voluntarily make an oral request for medical aid in dying and a prescription for medication that the patient can choose to self-administer to bring about a peaceful death if the patient:
(1) is a mentally capable adult;
(2) is a resident of Massachusetts; and
(3) has been determined by the patient’s attending physician to be terminally ill.
(c) A patient may provide a written request for medical aid in dying and a prescription for medication that the patient can choose to self-administer to bring about a peaceful death if the patient:
(1) has met the requirements in subsection (b);
(2) has been determined by a consulting physician to be terminally ill; and
(3) has had no less than 15 days pass after making the oral request.
(d) A patient shall not qualify under this chapter if the patient has a guardian.
(e) A patient shall not qualify under this chapter solely because of age or disability.
Section 3. (a) A valid written request must be witnessed by at least two individuals who, in the presence of the patient, attest that to the best of their knowledge and belief that patient is:
(1) personally known to the witnesses or has provided proof of identity;
(2) acting voluntarily; and
(3) not being coerced to sign the request.
(b) At least one of the witnesses shall be an individual who is not:
(1) a relative of the patient by blood, marriage, or adoption;
(2) an individual who at the time the request is signed would be entitled to any portion of the estate of the qualified patient upon death under any will or by operation of law;
(3) financially responsible for the medical care of the patient; or
(4) an owner, operator, or employee of a health care facility where the qualified patient is receiving medical treatment or is a resident.
(c) The patient's attending physician at the time the request is signed shall not serve as a witness.
(d) If the patient is a patient in a long-term care facility at the time the written request is made, one of the witnesses shall be an individual designated by the facility.
Section 4.
REQUEST FOR MEDICAL AID IN DYING MEDICATION PURSUANT TO THE MASSACHUSETTS END OF LIFE OPTIONS ACT
I,. . . . . . . . . . . . . . . , am an adult of sound mind and a resident of the State of Massachusetts. I am suffering from . . . . . . . . . . . . . . , which my attending physician has determined is a terminal illness or condition which can reasonably be expected to cause death within 6 months. This diagnosis has been medically confirmed as required by law.
I have been fully informed of my diagnosis, prognosis, the nature of the medical aid in dying medication to be prescribed and potential associated risks, the expected result, and the feasible alternatives and additional treatment opportunities, including, but not limited to, comfort care, palliative care, hospice care, and pain control.
I request that my attending physician prescribe medical aid in dying medication that will end my life in a peaceful manner if I choose to take it, and I authorize my attending physician to contact any pharmacist to fill the prescription.
I understand that I have the right to rescind this request at any time. I understand the full import of this request and I expect to die if I take the medical aid in dying medication to be prescribed. I further understand that although most deaths occur within three hours, my death may take longer and my physician has counseled me about this possibility. I make this request voluntarily, without reservation, and without being coerced, and I accept full responsibility for my actions.
Signed:. . . . . . . . . . . . . . . Dated:. . . . . . . . . . . . . .
DECLARATION OF WITNESSES
By signing below, on the date the patient named above signs, we declare that the patient making and signing the above request is personally known to us or has provided proof of identity, and appears not to be under duress, fraud, or undue influence.
Printed Name of Witness 1: . . . . . . . . . . . . . . .
Signature of Witness l/Date:. . . . . . . . . . . . . . .
Printed Name of Witness 2:. . . . . . . . . . . . . . .
Signature of Witness 2/Date:. . . . . . . . . . . . . . .
Section 5. (a) A qualified patient may at any time rescind the request for medication under this chapter without regard to the qualified patient's mental state.
(b) A prescription for medication under this chapter may not be written without the attending physician offering the qualified patient an opportunity to rescind the request for medication.
Section 6. (a) The attending physician shall:
(1) make the initial determination of whether an adult patient:
(i) is a resident of this state;
(ii) is terminally ill;
(iii) is mentally capable; and
(iv) has voluntarily made the request for medical aid in dying.
(2) ensure that the patient is making an informed decision by discussing with the patient:
(i) the patient’s medical diagnosis;
(ii) the patient’s prognosis;
(iii) the potential risks associated with taking the medication to be prescribed;
(iv) the probable result of taking the medication to be prescribed; and
(v) the feasible alternatives and additional treatment opportunities, including, but not limited to, palliative care as defined in section 227 of chapter 111.
(3) refer the patient to a consulting physician to medically confirm the diagnosis and prognosis and for a determination that the patient is mentally capable and is acting voluntarily;
(4) refer the patient for counseling pursuant to section 8;
(5) ensure that sections 6 through 8, inclusive, are followed in chronological order;
(6) have a prior clinical relationship with the patient, unless the patient’s primary care physician is unwilling to participate;
(7) recommend that the patient notify the patient's family or any person who plays a significant role in an individual’s life;
(8) recommend that the patient complete a Medical Order for Life-Sustaining Treatment form;
(9) counsel the patient about the importance of:
(i) having another individual present when the patient takes the medication prescribed under this chapter; and
(ii) not taking the medication in a public place;
(10) inform the patient that the patient may rescind the request for medication at any time and in any manner;
(11) verify, immediately prior to writing the prescription for medication, that the patient is making an informed decision;
(12) educate the patient on how to self-administer the medication;
(13) fulfill the medical record documentation requirements of section 13;
(14) ensure that all appropriate steps are carried out in accordance with this chapter before writing a prescription for medication for a qualified patient; and
(15) (i) dispense medications directly, including ancillary medications intended to facilitate the desired effect to minimize the patient's discomfort, if the attending physician is authorized under law to dispense and has a current drug enforcement administration certificate; or
(ii) with the qualified patient’s written consent;
(A) contact a pharmacist, inform the pharmacist of the prescription, and
(B) deliver the written prescription personally, by mail, or by otherwise permissible electronic communication to the pharmacist, who will dispense the medications directly to either the patient, the attending physician, or an expressly identified agent of the patient. Medications dispensed pursuant to this paragraph shall not be dispensed by mail or other form of courier.
(b) The attending physician may sign the patient's death certificate which shall list the underlying terminal disease as the cause of death.
Section 7. (a) Before a patient may be considered a qualified patient under this chapter the consulting physician shall:
(1) examine the patient and the patient's relevant medical records;
(2) confirm in writing the attending physician's diagnosis that the patient is suffering from a terminal illness; and
(3) verify that the patient:
(i) is mentally capable;
(ii) is acting voluntarily; and
(iii) has made an informed decision.
Section 8. (a) An attending physician shall refer a patient who has requested medical aid in dying medication under this chapter to counseling to determine that the patient is not suffering from a psychiatric or psychological disorder or depression causing impaired judgment. The licensed mental health professional shall review the medical history of the patient relevant to the patient’s current mental health and then shall submit a final written report to the prescribing physician.
(b) The medical aid in dying medication may not be prescribed until the individual performing the counseling determines that:
(1) the patient is not suffering from a psychiatric or psychological disorder or depression causing impaired judgment; and
(2) there is no reason to suspect coercion in the patient’s decision-making process.
Section 9. A qualified patient may not receive a prescription for medical aid in dying medication pursuant to this chapter unless the patient has made an informed decision. Immediately before issuing a prescription for medical aid in dying medication under this chapter the attending physician shall verify that the qualified patient is making an informed decision.
Section 10. The attending physician shall recommend that a patient notify the patient's family or any person who plays a significant role in an individual’s life of the patient's request for medical aid in dying medication pursuant to this chapter. A request for medical aid in dying medication shall not be denied because a patient declines or is unable to notify the family or any person who plays a significant role in an individual’s life.
Section 11. The following items shall be documented or filed in the patient's medical record:
(1) the determination and the basis for determining that a patient requesting medical aid in dying medication pursuant to this chapter is a qualified patient;
(2) all oral requests by a patient for medical aid in dying medication;
(3) all written requests by a patient for medical aid in dying medication made pursuant to sections 3 through 5, inclusive;
(4) the attending physician's diagnosis, prognosis, and determination that the patient is mentally capable, is acting voluntarily, and has made an informed decision;
(5) the consulting physician's diagnosis, prognosis, and verification that the patient is mentally capable, is acting voluntarily, and has made an informed decision;
(6) a report of the outcome and determinations made during counseling;
(7) the attending physician's offer before prescribing the medical aid in dying medication to allow the qualified patient to rescind the patient's request for the medication;
(8) other care options that were offered to the patient, including, but not limited to, hospice and palliative care; and
(9) a note by the attending physician indicating:
(a) that all requirements under this chapter have been met; and
(b) the steps taken to carry out the request, including a notation of the medication prescribed.
Section 12. Any medical aid in dying medication dispensed under this chapter that was not self-administered shall be disposed of by lawful means. The medication dispenser shall be responsible for informing the individual collecting the medication what disposal by lawful means entails.
Section 13. Physicians shall keep a record of the number of requests for medical aid in dying medication; number of prescriptions written; number of requests rescinded; the number of qualified patients that took the medication under this chapter; the general demographic and socioeconomic characteristics of the patient, and any physical disability of the patient. This data shall be reported to the department of public health annually, and shall subsequently be made available to the public.
Section 14. (a) Any provision in a contract, will, or other agreement, whether written or oral, to the extent the provision would affect whether a patient may make or rescind a request for medical aid in dying medication pursuant to this chapter, is not valid.
(b) A qualified patient's act of making or rescinding a request for medical aid in dying shall not provide the sole basis for the appointment of a guardian or conservator.
(c) A qualified patient’s act of self-administering medical aid in dying medication obtained pursuant to this act shall not constitute suicide or have an effect upon any life, health, or accident insurance or annuity policy.
(d) Actions taken by health care providers and patient advocates supporting a qualified patient exercising his or her rights pursuant to this chapter, including being present when the patient self-administers medical aid in dying medication, shall not for any purpose, constitute elder abuse, neglect, assisted suicide, mercy killing, or homicide under any civil or criminal law.
(e) State regulations, documents and reports shall not refer to the practice of medical aid in dying under this chapter as "suicide" or "assisted suicide."
Section 15. (a) A health care provider may choose not to practice medical aid in dying.
(b) A health care provider or professional organization or association may not subject an individual to censure, discipline, suspension, loss of license, loss of privileges, loss of membership, or other penalty for participating or refusing to participate in providing medical aid in dying medication to a qualified patient under this chapter.
(c) If a health care provider is unable or unwilling to carry out a patient's request under this chapter and the patient transfers care to a new health care provider, the prior health care provider shall transfer, upon request, a copy of the patient's relevant medical records to the new health care provider.
(d) (1) Health care providers shall maintain and disclose upon request their written policies outlining the extent to which they refuse to participate in providing to a qualified patient any medical aid in dying medication under this chapter.
(2) The required consumer disclosure shall at minimum:
(i) include information about this chapter;
(ii) identify the specific services in which the health care provider refuses to participate;
(iii) clarify any difference between institution-wide objections and those that may be raised by individual licensed providers who are employed or work on contract with the provider;
(iv) describe the mechanism the provider will use to provide patients a referral to another provider or provider in the provider’s service area who is willing to perform the specific health care service;
(v) describe the provider’s policies and procedures relating to transferring patients to other providers who will implement the health care decision; and
(vi) inform consumers that the cost of transferring records will be borne by the transferring provider.
(c) The consumer disclosure shall be provided to an individual upon request.
(d) A health care entity that prohibits health care providers from qualifying, prescribing, or dispensing medication pursuant to this chapter while they are performing duties for the entity shall provide notice of such policy to the public by posting the information on its website.
Section 16. (a) Purposely or knowingly altering or forging a request for medical aid in dying medication under this chapter without authorization of the patient or concealing or destroying a rescission of a request for medical aid in dying medication is punishable as a felony if the act is done with the intent or effect of causing the patient's death.
(b) An individual who coerces or exerts undue influence on a patient to request medical aid in dying medication, or to destroy a rescission of a request, shall be guilty of a felony punishable by imprisonment in the state prison for not more than 3 years or in the house of correction for not more than 2½ years or by a fine of not more than $1,000 or by both such fine and imprisonment.
(c) Nothing in this chapter limits further liability for civil damages resulting from other negligent conduct or intentional misconduct by any individual.
(d) The penalties in this chapter do not preclude criminal penalties applicable under other law for conduct inconsistent with the provisions of this chapter.
Section 17. A governmental entity that incurs costs resulting from a qualified patient self-administering medical aid in dying medication in a public place while acting pursuant to this chapter may submit a claim against the estate of the patient to recover costs and reasonable attorney fees related to enforcing the claim.
Section 18. If an emergency medical provider finds a patient who has self-administered medical aid in dying medication, they shall follow standard resuscitation protocol. If a Medical Order for Life-Sustaining Treatment or other legally recognized do-not-resuscitate order is found, then the medical provider shall follow the directives of the form.
Section 19. Nothing in this chapter may be construed to authorize a physician or any other individual to end a patient's life by lethal injection, mercy killing, assisted suicide, or active euthanasia.
Section 20. If any provision of this chapter or its application to any individual or circumstance is held invalid, the remainder of the act or the application of the provision to other individuals or circumstances is not affected.
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