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An Act to improve infection control within long-term care facilities
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S1422
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SD2177
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T13:28:27.2'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T13:28:27.2'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-03-02T14:22:23.5266667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-03-02T14:22:23.5266667'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1422) of Mark C. Montigny, Paul A. Schmid, III and Christopher Hendricks for legislation to improve infection control within long-term care facilities. Public Health.
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SECTION 1. Notwithstanding any general or special law to the contrary, the department of public health shall promulgate regulations to ensure each long-term care facility, licensed pursuant to section 71 of chapter 111, establishes and maintains an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections. Said regulations shall include, but not be limited to, the following:
(a) Infection prevention and control program. Each facility must establish an infection prevention and control program that must include, at a minimum, the following elements:
(1) A system for preventing, identifying, reporting, investigating, and controlling infections and communicable diseases for all residents, staff, volunteers, visitors, and other individuals providing services under a contractual arrangement.
(2) Written standards, policies, and procedures for the program, which must include, but are not limited to:
(i) A system of surveillance designed to identify possible communicable diseases or infections before they can spread to other persons in the facility;
(ii) When and to whom possible incidents of communicable disease or infections should be reported;
(iii) Standard and transmission-based precautions to be followed to prevent spread of infections;
(iv) When and how isolation should be used for a resident; including but not limited to:
(A) The type and duration of the isolation, depending upon the infectious agent or organism involved, and
(B) A requirement that the isolation should be the least restrictive possible for the resident under the circumstances.
(v) The circumstances under which the facility must prohibit employees with a communicable disease or infected skin lesions from direct contact with residents or their food, if direct contact will transmit the disease; and
(vi) The hand hygiene procedures to be followed by staff involved in direct resident contact.
(3) An antibiotic stewardship program that includes antibiotic use protocols and a system to monitor antibiotic use.
(4) A system for recording incidents identified under the facility's infection prevention and control program and the corrective actions taken by the facility.
(b) Infection preventionist. The facility must designate one or more individuals as the infection preventionist who are responsible for the facility's infection prevention and control plan. The infection preventionist must:
(1) Have primary professional training in nursing, medical technology, microbiology, epidemiology, or other related healthcare field;
(2) Be qualified by education, training, experience or certification;
(3) Work full-time at the facility; and
(4) Have completed specialized training in infection prevention and control.
(c) Infection prevention training for staff and volunteers. The individual designated as the infection preventionist, or at least one of the individuals if there is more than one infection preventionist, must provide orientation and annual in-service training to all staff, including temporary staff and volunteers, on infection control policies and procedures. The infection preventionist shall document the date and time of said training for each staff person and report to the department not less than once per calendar year.
SECTION 2. The department shall promulgate regulations pursuant to this Act no later than 180 days from passage.
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An Act improving Hepatitis C screening
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S1423
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SD2178
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-10T15:02:41.437'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-10T15:02:41.4366667'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1423) of Mark C. Montigny for legislation to improve Hepatitis C screening. Public Health.
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SECTION 1. Section 4M½ of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) Every person over the age of 18 who receives health care services from a primary care provider shall be offered a hepatitis C screening test or a hepatitis C diagnostic test unless the provider believes that: (i) the person is being treated for a life threatening emergency; (ii) the person has previously been offered or has received a hepatitis screening test; or (iii) the person lacks capacity to consent to a hepatitis C screening test.
SECTION 2. Section 4M½ of chapter 111 of the General Laws is hereby further amended by adding the following subsections:-
(c) The department shall make and from time to time revise regulations establishing in furtherance of the hepatitis C screening or hepatitis C diagnostic test requirements under subsection (b).
(d) Such regulations required under subsection (c) shall include: (i) the frequency with which a primary care provider must offer a hepatitis C screening test or hepatitis C diagnostic test; and (ii) any fines and/or penalties for non-compliance with such regulations.
SECTION 3. The department shall promulgate the initial regulations required under subsection (c) and (d) of section 4M½ not later than 180 days following the effective date of this act.
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An Act promoting humane cosmetics and other household products by limiting the use of animal testing
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S1424
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SD2181
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-09T12:34:31.23'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-09T12:34:31.23'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-24T10:38:23.4466667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-02T11:43:35.21'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T15:02:00.9633333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-02T16:57:09.15'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-06T09:49:07.19'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-06T09:49:07.19'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T09:49:07.19'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-07T14:51:37.9933333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-24T12:56:22.8766667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-03-06T16:20:52.9066667'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-03-07T12:26:48.4333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T13:52:47.3533333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-15T10:19:44.38'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T13:31:48.8833333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-10T11:06:28.4366667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-10T12:40:04.6333333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-11T10:23:08.7833333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-05-11T14:09:44.9566667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-05-18T09:28:22.7733333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-05-31T09:12:40.67'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1424) of Mark C. Montigny, Jack Patrick Lewis, John F. Keenan, Vanna Howard and other members of the General Court for legislation to promote humane cosmetics and other household products by limiting the use of animal testing. Public Health.
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SECTION 1. Chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 174F the following new section:-
Section 174G. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Alternative test method", a process or procedure implemented to obtain information regarding the biological effects of exposure to a chemical or agent that does not employ the use of an animal and results in the gathering of valid information that would otherwise be acquired through the use of a traditional animal test method, including, but not limited to, computational toxicology, bioinformatics, high-throughput screening methods, chemical substances testing, tiered testing methods, in vitro studies, and systems biology.
“Commissioner”, the commissioner of the department of public health.
"Contract testing facility", a partnership, corporation, association, or other legal relationship that tests cosmetics or other products, product formulations, chemicals, or ingredients.
"Manufacturer", a partnership, corporation, association, or other legal relationship that produces cosmetics or other products, product formulations, chemicals, or ingredients.
"Medical research", investigations, experiments, and studies to discover, develop, or verify knowledge relating to the causes, diagnosis, treatment, prevention, or control of physical or mental diseases and impairments of humans and animals or relating to the development of biomedical products, devices, or pharmaceuticals.
"Traditional animal test method", a process or procedure using animals to obtain information regarding the biological effects of exposure to a chemical or agent.
(b) When testing a cosmetic or other product, product formulation, chemical, or ingredient in the Commonwealth, no manufacturer or contract testing facility shall use a traditional animal test method for which a valid alternative test method exists. No provision of this subsection shall be construed to apply to a test method conducted for the purposes of medical research.
(c) The commissioner shall promulgate regulations to implement, enforce, and administer this section and shall establish standards for alternative test methods to ensure safety and comparable validity of results to traditional animal test methods. The commissioner shall consider the Organization for Economic Co-Operation and Development’s Guidelines for the Testing of Chemicals when establishing said standards.
SECTION 2. The commissioner of public health shall promulgate regulations to implement this act no later than 180 days following passage of this act.
SECTION 3. Section 1 shall take effect 6 months after the passage of this act and Section 2 shall take effect upon passage.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J16', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J16'}, 'Votes': []}]
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An Act relative to pharmacists as healthcare providers
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S1425
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SD1502
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:21:07.457'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:21:07.4566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T16:43:39.18'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-08-17T10:06:40.0266667'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1425) of Michael O. Moore for legislation relative to pharmacists as healthcare providers. Public Health.
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SECTION 1. Notwithstanding any general provisions or special laws to the contrary, the board of pharmacy shall establish a written statewide protocol for pharmacists to test or screen for and initiate treatment or therapy for qualified health conditions. For purposes of this act, the board will only require the oversight of the manager of record.
The list of qualified conditions for testing, screening, and treatment or therapy shall include Influenza, Streptococcal infections, COVID-19, HIV, and any other health condition approved by the board. Treatment or therapy for HIV may include an HIV Pre-Exposure Prophylaxis, also known as PrEP, or an HIV Post-Exposure Prophylaxis, also known as PEP.
For the purposes of this act, causing a test to be administered shall include collecting a specimen, or overseeing the collection of a specimen, or causing the specimen to be sent to a laboratory with the capacity to perform the test. A pharmacist may delegate the administrative and technical tasks of performing a test waived by the federal Clinical Laboratory Improvement Amendments of 1988 to a pharmacy technician acting under the supervision of the pharmacist and evaluate results as necessary to initiate treatment.
The laboratory shall be authorized under federal and state law to perform the test, including, but not limited to, the federal "Clinical Laboratory Improvement Amendments of 1988 (CLIA)," Pub. L. 100-578 (42 U.S.C. s.263a), and relevant state regulations. If the test which is administered is one for which the analysis can be performed at a CLIA-waived facility or pharmacy and if the pharmacy at which the specimen is collected has a CLIA waiver, then the test may be processed at that pharmacy.
If an individual tests positive for COVID-19 using a test administered by a pharmacist then the pharmacist shall advise the patient to follow the Massachusetts Department of Public Health COVID-19 guidelines. If the patient is a member of a group that is at high risk for health complications from COVID-19 or is experiencing symptoms of a severe adverse reaction to COVID-19, the pharmacist shall also advise the patient to promptly seek treatment at a hospital or contact the patient’s health care provider. The pharmacist shall ensure compliance with all other state and federal requirements concerning a positive test for COVID-19, including applicable reporting and data collection requirements.
A pharmacist who tests or screens for and initiates treatment or therapy for a health condition in accordance with the statewide protocol established pursuant to this Section may use any test that guides diagnosis or clinical decision-making which the Centers for Medicare and Medicaid Services has determined qualifies for a waiver in accordance with the federal Clinical Laboratory Improvement Amendments of 1988, or the federal rules adopted thereunder, or any established screening procedure that can safely be performed by a pharmacist under the pharmacist's professional license.
An insurance carrier and pharmacy benefit manager shall develop adequate provider and consult codes as authorized by this act for pharmacy compensation. A health benefit plan, medical assistance program, group health plan, insurer or its contractor shall be prohibited from denying reimbursement for services and procedures performed by a certified pharmacist clinician or a pharmacist certified to provide a prescriptive authority service within the scope of their license. Said entities shall reimburse a certified pharmacist clinician or pharmacist certified to provide a prescriptive authority service for such services and procedures at the standard contracted rate that such entity reimburse, for the same service, any other healthcare provider in the commonwealth.
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An Act relative to source plasma donation centers
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S1426
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SD1509
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:11:29.14'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:11:29.14'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1426) of Michael O. Moore for legislation relative to source plasma donation centers. Public Health.
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SECTION 1. The General Laws, as appearing in the 2020 Official Edition, are hereby amended by inserting after chapter 111O the following chapter:-
Chapter 111P.
Section 1. Definitions. As used in this chapter, the following words shall have the following meanings unless the context or subject matter clearly requires otherwise:-
“Department”, the department of public health.
“Source plasma donation center”, a facility where source plasma is collected by plasmapheresis.
“Source plasma”, the fluid portion of human blood collected by plasmapheresis and intended as source material for further manufacturing use. The definition excludes single donor plasma products intended for intravenous use.
“Plasmapheresis”, a procedure in which, during a single visit to the facility, blood is removed from an individual, the source plasma separated from the formed elements, and at least the red blood cells are returned to the donor.
Section 2. A source plasma donation center may collect source plasma through plasmapheresis and may employ a person to perform total protein tests pursuant to regulations of the department.
Section 3. (a) The department shall establish requirements for registration of source plasma donation centers in the commonwealth that are consistent with federal requirements, including 42 CFR 493, 21 CFR Subchapter F. The department shall approve and issue certificates of registration and shall maintain a list of registered source plasma donation centers.
(b) The regulations may include, but shall not be limited to, laws governing staff supervision, training, and duties, including but not limited to, requirements for performing total protein tests using digital refractometers in a source plasma donation center.
(c) The department shall collect and establish registration fees, investigate complaints, and take appropriate disciplinary action for violations of the regulations to protect the public health, safety, and welfare.
Section 4. Blood or blood products obtained from a paid donor shall not be used for transfusion; provided, however, that blood or blood products obtained from a paid donor may be used for transfusion if the physician and surgeon performing the transfusion has determined, taking into consideration the condition of the patient who is the recipient of the transfusion, that other blood of a type compatible with the blood type of the patient cannot reasonably be obtained for transfusion.
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An Act relative to improving outcomes for sudden cardiac arrest
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S1427
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SD1518
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:02:03.947'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:02:03.9466667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:43:27.2433333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-28T16:33:18.19'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-14T12:46:32.9'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-22T16:42:31.5566667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-08T11:52:15.49'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-14T12:21:28.37'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-06-14T12:21:28.37'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-06-14T12:21:28.37'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-06-14T12:21:28.37'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T16:43:56.3866667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-09-25T10:59:20.6566667'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1427) of Michael O. Moore, Vanna Howard and Ryan C. Fattman for legislation to improve outcomes for sudden cardiac arrest. Public Health.
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SECTION 1. Subsection (b) of section 18B of chapter 6A, as appearing in the 2020 Official Edition, is hereby amended by striking out the figure "11" and inserting in place thereof the following figure:- 13.
SECTION 2. Said subsection (b) of section 18B of chapter 6A, as so appearing, is hereby amended by inserting after the words “Massachusetts Ambulance Association”, in line 42, the following words:- , 1 of whom shall be a physician with a specialty in emergency medicine;
and is hereby further amended in lines 42 through 44, by striking out “and 1 of whom shall be a manager or supervisor of a PSAP and a nominated representative of the Massachusetts Communication Supervisors Association” and inserting in place thereof the following language:-
1 of whom shall be a sitting manager or supervisor of a PSAP serving a population of less than 50,000 people and a nominated representative of the Massachusetts Communication Supervisors Association and 1 of whom shall be a sitting manager or supervisor of a PSAP serving a population of more than 50,000 people and a nominated representative of the Massachusetts Communication Supervisors Association.
SECTION 3. Subsection (g) of said section 18B of said chapter 6A, as so appearing, is hereby amended by adding the following sentence:-
The commission shall establish rules requiring PSAPs to complete quality assurance and quality improvement (QA/QI) processes for their telecommunicator CPR instructions, in accordance with nationally recognized standards, and provide procedures to report annually to the commission compliance and may adjust state grant or shared revenue amounts based on failure to comply with such rules.
SECTION 4. Section 12V ½ of chapter 112, as so appearing, is hereby amended by adding the following in subsections:-
(d) Notwithstanding any general or special law to the contrary, an AED registry shall be established for the purpose of allowing local 911 telecommunicator to locate accessible AEDs. Any AED used in a public access defibrillation program shall register the device through the PSAP medical control director (MCD).
(e) Notwithstanding any general or special law to the contrary, signage located throughout buildings shall clearly indicate AED locations.
SECTION 5. Notwithstanding any general or special law to the contrary, the department of public health shall include sudden cardiac arrest as a reportable disease.
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An Act relative to smoking cessation agents
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S1428
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SD1526
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T14:55:39.51'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T14:55:39.51'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-06-27T16:31:39.9266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1428/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1428) of Michael O. Moore for legislation relative to smoking cessation agents. Public Health.
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Chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 19D the following section:-
Section 19E. (a) Notwithstanding any other law, a licensed pharmacist may dispense Smoking Cessation Agents in accordance with written, standardized procedures or protocols developed by an actively practicing physician registered with the commissioner to distribute or dispense a controlled substance in the course of professional practice pursuant to section 7 if such procedures or protocols are filed at the pharmacist’s place of practice and with the board of registration in pharmacy before implementation.
(b) Before dispensing Smoking Cessation Agents authorized under this section, a pharmacist shall complete a training program approved by the commissioner, which shall include but not be limited to proper documentation, quality assurance and referral to additional services, including appropriate recommendation that the patient follow-up with a medical practitioner.
(c) The department of public health, board of registration in medicine and board of registration in pharmacy shall adopt regulations to implement this section.
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An Act relative to dental hygienists
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S1429
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SD1594
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-17T14:48:34.147'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-17T14:48:34.1466667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-02T15:39:07.5433333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-15T11:32:10.4633333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-21T13:33:09.44'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1429/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1429) of Michael O. Moore and David Henry Argosky LeBoeuf for legislation relative to dental hygienists. Public Health.
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Section 51 of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “local anesthesia agents”, in line 27, the following words:- and nitrous oxide inhalation analgesia.
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An Act relative to refrigeration technicians
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S143
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SD1355
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:30:23.317'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:30:23.3166667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-06T09:51:14.3566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S143/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 143) of Nick Collins and Sal N. DiDomenico for legislation relative to refrigeration technicians. Consumer Protection and Professional Licensure.
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SECTION 1. Section 81 of Chapter 146 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “Registered”, the following new definition:-
“Residential/Light Commercial Refrigeration”, the installation, repair, replacement, maintenance of any refrigerant containing part of any refrigerant system of less than ten ton capacity.
SECTION 2. Said Chapter 146 is hereby further amended by inserting after section 82, the following new section:-
Section 82A. The bureau shall adopt regulations for the examining and licensing of refrigeration technicians working on residential or light commercial refrigeration systems of less than ten tons. Licensing fees collected shall be placed in a retained revenue account to hire qualified inspectors to enforce the provisions of this section.
SECTION 3. This act shall take effect upon its passage.
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An Act relative to hormonal contraceptives
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S1430
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SD1886
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T09:52:31.75'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T09:52:31.75'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-28T16:33:56.7666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-08T11:29:07.2833333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-03-14T12:47:44.7366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1430/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1430) of Michael O. Moore, Vanna Howard and Rebecca L. Rausch for legislation relative to hormonal contraceptives. Public Health.
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SECTION 1. Chapter 94C, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section 19D, the following section:-
Section 19E. A registered pharmacist may prescribe and dispense hormonal contraceptive patches and self-administered oral hormonal contraceptives to a person who is:
(a) At least 18 years of age, regardless of whether the person has evidence of a previous prescription from a primary care practitioner or women’s health care practitioner for a hormonal contraceptive patch or self-administered oral hormonal contraceptive; or
(b) Under 18 years of age, only if the person has evidence of a previous prescription from a primary care practitioner or women’s health care practitioner for a hormonal contraceptive patch or self-administered oral hormonal contraceptive.
The board shall adopt rules to establish, in consultation with the Massachusetts Medical Board, the Massachusetts State Board of Nursing and the MassHealth, and in consideration of guidelines established by the American Congress of Obstetricians and Gynecologists, standard procedures for the prescribing of hormonal contraceptive patches and self-administered oral hormonal contraceptives by pharmacists. The rules adopted under this subsection must require a pharmacist to:
(a) Complete a training program approved by the State Board of Pharmacy that is related to prescribing hormonal contraceptive patches and self-administered oral hormonal contraceptives;
(b) Provide a self-screening risk assessment tool that the patient must use prior to the pharmacist’s prescribing the hormonal contraceptive patch or self-administered oral hormonal contraceptive;
(c) Refer the patient to the patient’s primary care practitioner or women’s health care practitioner upon prescribing and dispensing the hormonal contraceptive patch or self-administered oral hormonal contraceptive;
(d) Provide the patient with a written record of the hormonal contraceptive patch or self-administered oral hormonal contraceptive prescribed and dispensed and advise the patient to consult with a primary care practitioner or women’s health care practitioner; and
(e) Dispense the hormonal contraceptive patch or self-administered oral hormonal contraceptive to the patient as soon as practicable after the pharmacist issues the prescription.
The rules adopted must prohibit a pharmacist from:
(a) Requiring a patient to schedule an appointment with the pharmacist for the prescribing or dispensing of a hormonal contraceptive patch or self-administered oral hormonal contraceptive; and
(b) Prescribing and dispensing a hormonal contraceptive patch or self-administered oral hormonal contraceptive to a patient who does not have evidence of a clinical visit for women’s health within the three years immediately following the initial prescription and dispensation of a hormonal contraceptive patch or self-administered oral hormonal contraceptive by a pharmacist to the patient.
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An Act relative to chemicals in food packaging
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S1431
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SD1912
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T09:23:40.3'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T09:23:40.3'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-15T12:58:12.5633333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-14T12:47:53.0933333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-06-08T11:53:05.5533333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-06-14T12:21:52.44'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-06-14T12:21:52.44'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1431/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1431) of Michael O. Moore and David Paul Linsky for legislation relative to chemicals in food packaging. Public Health.
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SECTION 1. Chapter 94B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 10 the following section:-
Section 11. (a) As used in this section, the following words shall have the following meanings:-
“Food package", a package or packaging component that is intended for the marketing, protection or handling of a product intended for food contact or used to store food and foodstuffs for sale.
"Manufacturer", a person, firm, association, partnership, government entity, organization, joint venture or corporation that applies a package to a product for distribution or sale.
"Package", a container providing a means of marketing, protecting, or handling a product which shall include a unit package, an intermediate package, a package used for shipping or transport and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.
"Packaging component", an individual assembled part of a package including, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks and labels.
"Perfluoroalkyl and polyfluoroalkyl substances", a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(b) No person or entity shall manufacture, knowingly sell, offer for sale, distribute for sale or distribute for use in the commonwealth food packaging to which perfluoroalkyl and polyfluoroalkyl substances have been intentionally added in any amount.
(c) A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this section shall be furnished by its manufacturer or supplier to its purchaser. The certificate of compliance shall be signed by an authorized officer of the manufacturing or supplying company. The purchaser shall retain the certificate of compliance for as long as the package or packaging component is in use. A copy of the certificate of compliance shall be kept on file by the manufacturer or supplier of the package or packaging component. Certificates of compliance, or copies thereof, shall be furnished to the department of public health upon request and to members of the public in accordance with section 9.
If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer or supplier shall provide an amended or new certificate of compliance for the reformulated or new package or packaging component.
SECTION 2. Subsection (b) of section 1 shall take effect on January 1, 2025.
SECTION 3. Subsection (c) of said section 1 shall take effect 90 days after the effective date of this act.
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Resolve establishing a sexual assault counselor certification task force
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S1432
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SD1913
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T09:19:05.077'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T09:19:05.0766667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-20T10:32:21.65'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T09:44:48.3966667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T14:56:57.1666667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-02T15:27:34.85'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-14T12:48:07.5333333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-22T16:39:48.25'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-07-26T12:38:24.7133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1432/DocumentHistoryActions
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Resolve
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By Mr. Moore, a petition (accompanied by resolve, Senate, No. 1432) of Michael O. Moore, Natalie M. Higgins, Susannah M. Whipps, Jack Patrick Lewis and others that provisions be made for an investigation and study by a task force relative to establishing a sexual assault counselor certification task force. Public Health.
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Resolved, there shall be a task force on sexual assault counselors that shall make recommendations on establishing statewide certification and updating training standards for sexual assault counselors.
The task force shall be comprised of the following members: the commissioner of the department of public health or a designee, who shall serve as chair; 1 member designated by the governor’s council, who shall be familiar with sexual assault and domestic violence issues; 1 member from the Massachusetts office of victim’s assistance; 1 member designated by Pathways for Change, Inc.; 1 member designated by Boston Area Rape Crisis Center, Inc.; 1 member designated by The Center for Hope and Healing, Inc.; 1 member from the Victim Rights Law Center, Inc.; 1 member designated by Jane Doe, Inc.: The Massachusetts Coalition Against Sexual Assault and Domestic Violence; and 3 members who shall be sexual assault survivors designated by consensus of Pathways for Change, Inc, the Boston Area Rape Crisis Center Inc. and The Center for Hope and Healing, Inc.
The task force shall make recommendations on: (i) the statutory definitions of “rape crisis center” and “sexual assault counselor” in section 20J of chapter 233 of the General Laws; (ii) the curriculum and number of training hours required for certification of employees of rape crisis centers and programs (iii) the curriculum and number of training hours required for volunteer positions at a rape crisis center; (iv) the appropriateness of “levels” of certification as a sexual assault counselor and corresponding criteria for each level; (v) a fee structure for certification as a sexual assault counselor; (vi) the feasibility of and costs associated with establishing and maintaining licensure of rape crisis centers; and (vii) the feasibility of providing continuing education and college credits upon the completion of training programs.
The task force shall submit a report outlining its findings, along with any proposed legislation, to the clerks of the house of representatives and the senate and the chairs of the house and senate committees on ways and means not later than 12 months after the effective date of this act.
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An Act relative to stroke data reporting
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S1433
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SD2060
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T12:38:46.57'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T12:38:46.57'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-01T15:43:03.2666667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-02T17:05:14.7533333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T15:39:28.1166667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-08T11:27:40.36'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-08T11:27:40.36'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1433/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1433) of Michael O. Moore, Patrick M. O'Connor, Anne M. Gobi, Patricia D. Jehlen and other members of the Senate for legislation relative to stroke data reporting. Public Health.
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Chapter 111 of the General Laws, as amended by chapter 126 of the acts of 2022, is hereby amended in section 51L, by inserting after subsection (c), the following subsection:-
(d) The department shall make an annual report of its doings under this section, including, but not limited to: (i) the current state of pre-hospital care protocols and point-of-entry plans to ensure stroke patients are transported to the most appropriate facility; (ii) an overview of the work done by the task force established in subsection (c); (iii) the number of suspected stroke patients transported directly to a designated stroke facility and the time required to arrive; (iv) the number of suspected stroke patients transported to a hospital then discharged to a designated stroke facility and the time required to arrive. Said report shall be filed with the clerks of the senate and house of representatives, the joint committee on public health and the joint committee on health care financing.
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An Act establishing the human service transportation (HST) consumer advisory board
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S1434
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SD1722
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T19:00:38.68'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T19:00:38.68'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-26T13:13:49'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-08T11:27:02.5766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T09:47:51.1266667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-17T12:59:38.0033333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-09-25T09:28:49.3933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1434/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 1434) of Susan L. Moran, Mindy Domb, Brian M. Ashe, James B. Eldridge and others for legislation to establish the human service transportation (HST) consumer advisory board. Public Health.
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Chapter 6 of the General Laws is hereby amended by adding the following section:-
Section 222. (a) There is hereby established within the executive office of health and human services the human service transportation (HST) consumer advisory board, hereinafter referred to as the board, to advance the quality of nonemergency transportation to medical, community and other health and human services for persons with disabilities across the commonwealth and to identify challenges and solutions to address the experience and concerns of consumers using this service in order to ensure that HST is safe and reliable for all consumers.
(b) The board shall engage in activities that support its goals to identify challenges and solutions, make recommendations for improvements and propose guidelines on non-emergency human services transportation in order to provide the highest quality of service for consumers in the commonwealth, identify opportunities for improved service and productivity and provide a strong safety net for vulnerable populations in rural and urban communities. These activities shall include, but not be limited to:
(i) activities that elicit consumer experiences, feedback and insight into program participation as well as the ability to invite representatives from vendors, providers and referral sources in their attempt to capture information relevant to their purpose;
(ii) a minimum of six public meetings annually, as required by subsection (d);
(iii) consumer listening sessions pursuant to paragraphs (2) and (3) of subsection (d);
(iv) an annual report, as required by subsection (d); and
(v) any other activity consistent with the purpose of the board.
(c) The board shall consist of 13 members who shall include; the secretary of health and human services or their designee who shall be a non-voting member and shall serve as the convenor of the board; the director of MassHealth or their designee who shall be a non-voting member; and 11 voting members appointed by the governor: 1 of whom shall be appointed from a list of 3 consumers recommended by the Massachusetts developmental disabilities council; 1 of whom shall be appointed from a list of 3 consumers recommended by the Massachusetts Mental Health Association; 1 of whom shall be appointed from a list of 3 consumers recommended by the statewide independent living council; 1 of whom shall be appointed from a list of 3 consumers recommended by Stavros center for independent living; 1 of whom shall be appointed from a list of 3 consumers recommended by Independence Associates center for independent living; 1 of whom shall be appointed from a list of 3 consumers recommended by the Boston Center for Independent Living, Inc.; 1 of whom shall be appointed from a list of 3 consumers recommended by the Dignity Alliance; 1 of whom shall be appointed from a list of 3 consumers recommended by Arc Massachusetts, Inc.; 1 of whom shall be appointed from a list of 3 consumers recommended by the Disability Law Center; 1 of whom shall be appointed from a list of 3 consumers or consumer surrogates recommended by Mass Senior Care and the Massachusetts Council on Aging; and 1 of whom shall be appointed by the governor at their discretion.
(d)(1) The board shall meet a minimum of six times a year, all meetings of the board shall be held remotely and open to the public. Notice of remote meetings shall be posted as soon as reasonably possible prior to meeting. Notice shall be printed or posted in a legible, easily understandable format and shall contain the date, time and instructions for remote access and participation. The convenor of the meeting shall further include with the notice a listing of the topics that the convenor reasonably anticipates will be discussed at the meeting.
(2) In order to engage in in activities that elicit consumer experiences, feedback and insight into program participation as well as the ability to invite representatives from vendors, providers and referral sources in their attempt to capture information relevant to their purpose, the board shall host and report on two virtual consumer listening sessions annually, preceded by targeted outreach to users of human services transportation services.
(3) The consumer advisory board shall file an annual report of its recommendations with the clerks of the house of representatives and senate, the house and senate committees on ways and means, the joint committee on transportation, the joint committee on children, families and persons with disabilities, the secretary of health and human services and the secretary of transportation not later than December 1. The recommendations shall be used by the human services transportation office to improve non-emergency human services transportation broker services.
The human services transportation office will provide the Board with an update of its actions with regard to the report’s recommendations.
(4) The human services transportation office shall staff the consumer advisory task force, assist with facilitation for board outreach activities, and ensure its operation and scheduling.
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An Act authorizing pharmacists to provide opioid use disorder treatment
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S1435
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SD1753
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T15:12:46.66'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T15:12:46.66'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-06T19:02:59.7933333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-17T16:21:57.5633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-07-17T13:23:13.4266667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-09-25T09:28:56.9033333'}]
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 1435) of Susan L. Moran and Joanne M. Comerford for legislation to authorize pharmacists to provide opioid use disorder treatment. Public Health.
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Section 24B ½ of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (c) and inserting thereof the following:-
(c) Collaborative drug therapy management shall only be allowed in the following settings: (1) hospitals licensed pursuant to section 51 of chapter 111, subject to approval by the medical staff executive committee at a licensed hospital or designee; (2) long-term care facilities licensed pursuant to section 71 of chapter 111, subject to approval by the long-term care facilities' medical director or designee; (3) inpatient or outpatient hospice settings licensed pursuant to section 57D of chapter 111, subject to approval by the hospice's medical director or designee; (4) ambulatory care clinics licensed pursuant to section 51 of chapter 111, with on-site supervision by the attending physician and a collaborating pharmacist, subject to approval by the ambulatory care clinic's medical staff executive committee or designee, or medical director or designee; (5) collaborating pharmacists in a retail drug business, as registered in section 38 of chapter 112 and limited by this section, with supervision by physicians according to the terms of their collaborative practice agreements and limited to the following: patients 18 years of age or older; an extension by 30 days of current drug therapy prescribed by the supervising physician; and administration of vaccines or initiation of medications pursuant to a diagnosis, discontinuation, and/or modification of dosages of medications prescribed by the supervising physicians for substance use disorders, asthma, chronic obstructive pulmonary disease, diabetes, hypertension, hyperlipidemia, congestive heart failure, HIV or AIDS, osteoporosis and co-morbidities identified by the supervising physician for the individual patient along with the primary diagnosis. The collaborative practice agreement shall specifically reference each disease state being co-managed. A patient shall be referred by supervising physicians to that physicians’ collaborating pharmacists and shall be given notice of the collaboration and shall consent to the collaboration. Pharmacists in the retail setting, who have a collaborative practice agreement with supervising physicians which specifically allows initial prescriptions for referred patients of the supervising physician, may issue prescriptions for schedule II-VI controlled substances, as defined in clause 6 of section 3 of chapter 94C. Collaborative Practice Agreements with pharmacists in a retail setting that include controlled substances shall only be used to treat substance use disorders as defined by section 35 of chapter 123 or any disorder described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders. Such prescriptions shall be for a patient diagnosis specified in the supervising physician's individual referral of that patient. A copy of the prescription shall be sent to the supervising physician within 24 hours.
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An Act relative to safe patient handling and mobility in certain health facilities
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S1436
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SD1766
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-18T10:11:38.34'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-18T10:11:38.34'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-26T13:13:41.7966667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-26T13:13:30.2133333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-26T13:13:25.4'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-30T10:36:32.7266667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T15:56:46.5166667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T11:54:38.39'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T12:07:54.5633333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-10T12:07:54.5633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T14:00:52.4733333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-23T12:58:31.5733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T16:23:17.09'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-12T15:00:24.3566667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-01T14:28:55.4266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1436/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 1436) of Susan L. Moran, Erika Uyterhoeven, Jack Patrick Lewis, Hannah Kane and other members of the General Court for legislation relative to safe patient handling and mobility in certain health facilities. 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 91C the following section:-
Section 91D. As used in this section, the following words, shall, unless the context clearly requires otherwise, have the following meanings:-
“Department”, the department of public health.
“Health care facility”, any hospital licensed pursuant to sections 51 and 52 and the teaching hospital of the university of Massachusetts medical school, which contains a majority of medical-surgical, pediatric, obstetric, and maternity beds, as defined by the department, any institution, however named, whether conducted for charity or for profit, which is advertised, announced, established or maintained for the purpose of caring for persons admitted thereto for diagnosis, medical, surgical, or restorative treatment which is rendered within said institution, any licensed private, public or state-owned and operated general acute care rehabilitation hospital or unit, any licensed private, public or state-owned and operated general acute care psychiatric hospital or unit, any nursing home as defined in section 71 and any long term care facility as defined in section 71, and long term care facilities, including any institution, however named, whether conducted for charity or profit, which is advertised, announced or maintained for the express or implied purpose of caring for four or more persons admitted thereto for nursing or convalescent care, as defined in section 71.
“Direct caregiver”, any health facility personnel or lift team member who lifts, transfers, or repositions patients or equipment.
“Lifting and transferring process”, a system whereby patients and situations are identified based on the potential risk of injury to both the patient and health care worker from lifting, transferring, or moving that patient.
“Needs assessment”, an evaluation of lift and transfer needs, resources, and capabilities with recommendations on procedures to be followed and resources available to lift and transfer patients safely.
“Patient”, an individual who receives health services at a hospital, health care facility, or long term care facility.
“Patient care ergonomic evaluation”, evaluation performed in all direct patient care areas including but not limited to acute care, critical care, rehabilitation, radiology, operating room, urgent care, therapy departments, long term care, outpatient service, etc. following guidance from the Patient Care Ergonomics Resource Guide: Safe Patient Handling and Movement put forward by the Veterans Administration, the most recent OSHA Guidelines for Nursing Homes: Ergonomics for the Prevention of Musculoskeletal Disorders or other accepted guidance documents to identify ergonomic control measures for decreasing risk of injury from patient handling and moving activities.
“Qualified personnel”, person(s) accountable and responsible for the ongoing education and knowledge of patient needs assessment, engineering equipment and patient ergonomics.
“Resident”, an individual who resides in a long term care facility.
“Safe patient handling and mobility policy”, a written statement describing the replacement of manual lifting and transferring of patients and equipment with powered transfer devices, lifting devices, and consistent with a needs assessment and mandating the replacement of manual lifting and transferring of patients with techniques using current patient handling equipment and technology to lift patients unless specifically contraindicated for a patient’s condition or medical status. Such technology and equipment includes, but is not limited to mechanical lifting devices, lateral transfer aids, friction reducing devices, fast electric beds, motorized beds, and other equipment, consistent with clinical unit/area patient care ergonomic evaluation recommendations. Such policy shall also require the use of individual patient handling assessments for each patient or resident requiring assistance.
Within six months of the date of enactment, each health care facility shall establish a safe patient handling and mobility committee through the creation of a new committee or by assigning the functions of a safe patient handling committee to an existing committee. The purpose of the committee is to design and recommend the process for implementing a safe patient handling and mobility program and to oversee the implementation of the program. At least half the members of the safe patient handling committee shall be non-managerial employees who provide direct care to patients and shall include but not be limited to nurses, certified nursing assistants, physical therapists, occupational therapists, maintenance staff and infection control employees.
By December 1, 2023, the governing body of a hospital or the quality assurance committee of a nursing home shall adopt and ensure implementation of a safe patient handling and mobility program to identify, assess, and develop strategies to control risk of injury to patients and direct caregivers associated with the lifting, transferring, repositioning, or movement of a patient or equipment, such that manual lifting or transfer of patients is minimized in all cases and eliminated when feasible and manual patient handling or movement of all or most of a patient’s weight is restricted to emergency, life-threatening, or otherwise exception circumstances. As part of this program, each facility shall:
(1) Conduct a comprehensive analysis of the risk of injury to both patients and direct caregivers posed by the patient handling needs of the patient populations served by the healthcare facility and the physical environment in which patient and equipment handling and movement occurs, through:
(a) Evaluate alternative ways to reduce risks associated with patient and equipment handling, including evaluation of equipment and patient care and patient support environments;
(b) Conduct individual patient care ergonomic evaluations in all patient care areas, following guidance from the Patient Care Ergonomics Resource Guide: Safe Patient Handling and Movement put forward by the Veterans Administration, the most recent OSHA Guidelines for Nursing Homes: Ergonomics for the Prevention of Musculoskeletal Disorders or other accepted guidance documents to identify ergonomic control measures for decreasing risk of injury from patient handling and moving activities.
(c) Develop and implement safe patient handling and mobility policies based on the needs of all shifts and units of the facility.
(2) Conduct a comprehensive analysis of the benefits of early and consistent mobility to the patient population served by the healthcare facility.
(3) Identify and list the type and quantity of patient handling equipment and other equipment required on each clinical unit or area and ensure that the purchase and acquisition of all such equipment is incorporated into the safe patient handling program. Patient handling measures, patient handling equipment and technology shall include but not be limited to mechanical lifting devices, lateral transfer aids, friction reducing devices, and motorized beds.
(4) Provide patient handling equipment and technology as stipulated in section (3) which is appropriate for each clinical area and patient or resident population, to reduce the risk of injury to direct caregivers, patients or residents.
(5) Provide specialized training in safe patient handling by qualified personnel to all direct caregivers who lift, transfer, or reposition patients, including but not limited to demonstration of proficiency in safe techniques for lifting or transferring patients and the appropriate use of lifting or transferring devices and equipment. Health care facilities must train staff on policies, equipment, and devices at least annually.
(6) Develop procedures for direct caregivers to refuse to perform or be involved in patient and equipment handling or movement that the direct caregiver believes in good faith will expose a patient or a direct caregiver to an unacceptable risk of injury without subjecting such direct caregiver to disciplinary action.
(7) Prepare an annual performance evaluation report and submit to the governing body or the quality assurance committee on activities related to both the identification, assessment, and development of strategies to control risk of injury to patients and direct caregivers associated with the lifting, transferring, repositioning, or movement of a patient with statistics on the numbers and types of injury to the facilities health care workers and patients and any improvements to patient outcomes due to increased mobility, including but not limited to length of stay;
(8) Track, publish and disseminate annual injury data including: the financial cost of all safe patient and equipment handling injuries suffered by employees and patients; the nature and cause of injury; date, shift, and unit statistics; cost to the institution and to employees and patients; and outcomes; to the extent permitted by privacy regulations;
(9) Identify the type and quantity of patient handling equipment and other equipment required and ensure that the purchase of other acquisition of all such equipment is incorporated into the safe patient handling program; and
(10) Develop a comprehensive tracking system for all equipment purchased for the safe patient handling and mobility program, including ensuring proper maintenance of said equipment.
By December 30, 2024, health care facilities shall complete the acquisition of safe patient handling equipment determined to be required by their safe patient handling and mobility committee. Such equipment shall include, though not be limited to: (a) at least one readily available lift and all necessary components per unit unless the facility’s safe patient handling and mobility committee determines that more lifts are required on the unit.
The department shall ensure that every health care facility has in place a safe patient handling and mobility program and has completed the acquisition of all equipment and technology deemed necessary by the facility’s safe patient handling and mobility committee.
Within one year of passage, any development of architectural plans for constructing or remodeling a healthcare facility or a unit of a healthcare facility must incorporate patient handling equipment and the construction design needed to accommodate such equipment as deemed necessary by the safe patient handling and mobility committee.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J16', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J16'}, 'Votes': []}]
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An Act supporting school-based substance use prevention through evidenced-based positive social norms marketing
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S1437
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SD155
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-11T14:55:42.947'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-11T14:55:42.9466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1437/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1437) of Patrick M. O'Connor for legislation to support school-based substance use prevention through evidenced-based positive social norms marketing. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by adding after section 229 the following section:-
Section 230. Preventing Substance Abuse through Positive Social Norms Marketing
The department of public health in cooperation with the department of education shall establish a grant program, subject to appropriation, to be known as the Positive Social Norms Marketing Program, for the purpose of providing grants to school districts to fund evidence-based positive social norms marketing campaigns in elementary and secondary schools. The department of public health shall establish guidelines governing the positive social norms campaigns.
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An Act to protect patients with Alzheimer's, dementia, and other psychiatric illnesses
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S1438
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SD156
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-11T15:02:02.333'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-11T15:02:02.3333333'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-09-20T15:33:58.1366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1438/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1438) of Patrick M. O'Connor for legislation to protect patients with Alzheimer's, dementia, and other psychiatric illnesses. Public Health.
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SECTION 1. Section 9 of chapter 19D of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after
clause (18)(b) the following clause: (19) in the case of a resident suffering from Alzheimer's, dementia, or other psychiatric illnesses, facilities are prohibited from transferring patients off-premises for medication adjustments without the approval of the patient, guardian, or person legally responsible for the patient.
SECTION 2. Section 70E of chapter 111 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after clause (o) the following clause: (p)in the case of a resident suffering from Alzheimer's, dementia, or other psychiatric illnesses, facilities are prohibited from transferring patients off-premises for medication adjustments without the approval of the patient, guardian, or person legally responsible for the patient.
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An Act to conduct a public health study of synthetic drugs in the commonwealth
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S1439
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SD167
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-11T16:29:21.773'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-11T16:29:21.7733333'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1439) of Patrick M. O'Connor for legislation to conduct a public health study of synthetic drugs in the commonwealth. Public Health.
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The department of public health is hereby authorized and directed to conduct a comprehensive study of synthetic drugs, as well as their use, effects, prevalence, and health implications. For the purposes of this act, the definition of the term “synthetic drug” shall include, but not be limited to, synthetic opioids, fentanyl, carfentanil, synthetic cocaine, bath salts, MDMA, synthetic marijuana, and synthetic psychedelics. The department shall investigate and report on the use, effects, prevalence, and health implications of synthetic drugs in the Commonwealth. The department of public health shall collect data on the types of synthetic opioids, historical rates of usage and prevalence, as well as physical, mental, and emotional short and long term impacts of the drug. The department of public health shall develop strategic and legislative recommendations to reduce the use of synthetic drugs by way of public awareness campaigns, educational curriculum, and rehabilitative therapies. The department of public health shall file a report of its study, including its recommendations and drafts of legislation, with the clerks of the Senate and House of Representatives on or before December 1, 2024.
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An Act to modernize the issuance and sale of sports and entertainment tickets
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S144
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SD1404
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T11:08:41.59'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T11:08:41.59'}]
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 144) of Nick Collins for legislation to modernize the issuance and sale of sports and entertainment tickets. Consumer Protection and Professional Licensure.
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SECTION 1. Section 185A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking the last sentence of the first paragraph of this section. SECTION 2. Section 185A of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-
“Ticket reseller shall mean any person, entity, corporation or association engaged in the business of reselling, offering for resale, or negotiating the resale of tickets of admission or other evidence of right of entry to any sporting event, theatrical exhibition, public show, or public amusement or exhibition, including officers, agents and employees of such person, entity, corporation, or association. A person, entity, corporation, or association shall be deemed to be “engaged in the business of resale” if such person, entity, corporation, or association has sold more than 100 sets of tickets by means of telephone, mail, delivery, service, facsimile, internet, email, or other electronic means in the preceding twelve months. A resale shall not include the initial sale of any event ticket by the ticket issuer. SECTION 3. Section 185A of Chapter 140 of the General Laws, as appearing, is hereby amended by inserting at the end thereof the following:-
As used in this chapter, the following words shall have the following meaning:
“Non-Transferable Ticketing System” means restricting, though contractual or technological means, a ticket purchaser’s ability to freely give away or resell the tickets they have purchased through a ticket platform that is not affiliated with the ticket issuer.
“Ticket issuer” means any person that makes tickets available, directly or indirectly, to an entertainment event, and may include the operator of a venue; the sponsor or promoter of an entertainment event; a sports team participating in an entertainment event or a league whose teams are participating in an entertainment event; a theatre company, musical group or similar participant in an entertainment event; or an agent of any such person.
“Ticket Platform” means a marketplace that enables consumers to purchase and sell tickets. SECTION 4. Section 185A of chapter 140 of the General Laws, as so appearing, is hereby amended by deleting the second paragraph of this section.
SECTION 5. Chapter 140 of the General Laws, is hereby amended by striking out section 185D, as so appearing, and inserting in place thereof the following section:-
Section 185D. Consumer protection standards relative to the purchase, sale, and resale of tickets:
(a) Any person who resells a ticket shall:
(1) Maintain a toll-free telephone number, e-mail address, or other means of contact for complaints and inquiries regarding the resale of event tickets;
(2) Implement and reasonably publicize a standard refund policy that meets the minimum standards established in subsection (c); and
(3) Take responsible measures to safeguard against the resale of counterfeit tickets.
(b) Any person who resells a ticket can meet the requirements of subsection (a) by using a ticket platform that meets the requirements of subsection (a).
(c) The standard refund policy in subsection (a)(2):
(1) Shall provide a consumer who purchases an event ticket a full refund if: (i) the event ticket does not provide access to the event or venue of the event, provided the date and time of the event are correct on the event ticket; (ii) the event ticket has been cancelled by the ticket issuer for non-payment by the original purchaser, or for any reason other than an act or omission of the consumer; (iii) the event ticket materially and to the detriment of the consumer fails to conform to the description provided to the consumer; or (iv) the event ticket was not delivered to the consumer prior to the occurrence of the event, unless such failure of delivery was due to any act or omission of the consumer;
(2) Shall include the full order value paid by the consumer for the event ticket, together with any fees charged in connection with that purchase, including but not limited to convenience fees, processing fees, at-home printing charges, and
(3) May condition entitlement to a refund upon timely return of the ticket purchased, and may include reasonable safeguards against abuse of the policy.
(d) Provision of a replacement ticket to the same event that is in a comparable location, at no additional charge to the consumer, shall be considered providing a full refund for the purposes of subsection (c).
(e) If an event is canceled and not rescheduled, consumers are entitled to a full refund as provided in subsection (c)(2) from the person, ticket issuer, or ticket platform they directly purchased the ticket from.
(f) Nothing in this section shall be construed to prohibit any person, entity or association, or an agent of any such person, entity or association subject to this section from implementing consumer protection policies that exceed the minimum standard set forth in this section, and that are otherwise compliant with this act.
(g) A person may not knowingly use or sell software to circumvent a security measure, access control system, or other control or measure used by a ticket issuer or ticket platform to enforce event ticket purchasing limits or to maintain the integrity of online ticket purchasing order rules.
(h) Notwithstanding any contrary terms or conditions, a) a ticket issuer may employ a non-transferable ticketing system only if the consumer is offered an option at the time of initial sale to purchase the same ticket in a transferable form that allows tickets to be given away or resold independent of and without requiring the consumer to log into the ticket issuer’s preferred ticket platform, without penalty or discrimination, and b) a ticket buyer or seller shall not be penalized, discriminated against, or denied access to an event solely on the grounds that, or the ticket platform through which, the ticket or tickets were resold.
SECTION 6. Said chapter 140, as so appearing, is hereby amended by adding after section 185H following new section:-
Section 185I. Notwithstanding any other provision of this chapter, a ticket issuer or venue operator may:
a) Maintain and enforce policies with respect to conduct, behavior, public health and safety, or age at the venue or entertainment event;
b) Establish limits on the quantity of tickets that may be purchased;
c) Elect not to offer tickets in a transferable form as required by the provisions of section one hundred and eight-five D if those tickets are sold or given to individuals or groups as part of a private event, or a targeted promotion at a discounted price offered because of the individuals or groups status or affiliation with religious or charitable institutions, societies or organizations or civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare, associations of veterans of any wars of the
United States, students, or groups or individuals characterized by a disability or economic hardship. Tickets issued through a non-transferable ticketing system pursuant to the exemption in this subsection shall not be offered promotionally to the general public and must be clearly marked as a ticket restricted to the specified individual or group.
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An Act enabling trained school personnel to administer life saving epinephrine treatment
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S1440
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SD493
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:41:35.653'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:41:35.6533333'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1440) of Patrick M. O'Connor for legislation to enable trained school personnel to administer life saving epinephrine treatment. Public Health.
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Section 54B of Chapter 71, as appearing in the 2014 Official Edition, is hereby amended by inserting the following after the word "lunchrooms":-
A public school district or non-public school, as defined by the department of education, may register with the department for the purpose of permitting school personnel to administer epinephrine by auto injector in a life-threatening situation during the school day when a school nurse is not immediately available, including field trips, provided that the following conditions are met:
1. the school committee, or, in the case of a non-public school, the chief administrative officer, approves policies governing the administration of epinephrine;
2. the designated school nurse leader or responsible nurse has final decision making authority about the program;
3. the school personnel authorized to administer epinephrine by auto injector are trained and tested for competency by the designated school nurse leader or responsible school nurse, or school nurses designated by this person, in accordance with standards and a curriculum established by the department;
4. the designated school nurse leader or responsible school nurse manages and has final decision making authority about the program;
5. the epinephrine is administered for an emergency case of anaphylactic shock, as deemed by a properly trained and authorized school personnel, or in accordance with an individual medication administration plan;
6. when epinephrine is administered, there shall be immediate notification of the local emergency medical services system, followed by notification of the student’s parent(s) or guardian(s) or, if the parent(s) or guardian(s) are not available, any other designated person(s), the school nurse, the student’s physician, and the school physician, to the extent possible;
Any school personnel, properly trained and authorized to administer epinephrine, who provides, administers, or assists in the administration of epinephrine to a student believed in good faith to be having an anaphylactic reaction, or is the prescriber of the epinephrine, shall not be liable for any civil damages for ordinary negligence in acts or omissions resulting from the rendering of such treatment.
Epinephrine may lawfully be prescribed and dispensed to a public school district or non-public school registered with the Department. For purposes of this chapter, any such prescription shall be regarded as being issued for a legitimate medical purpose in the usual course of professional practice. The school district or nonpublic school may maintain said epinephrine kit in a secure but unlocked place, as determined by the school nurse leader or responsible school.
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An Act establishing a newborn health and safe sleep pilot program
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S1441
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SD494
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:42:17.29'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:42:17.29'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T12:16:24.6733333'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1441) of Patrick M. O'Connor for legislation to establish a newborn health and safe sleep pilot program. Public Health.
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SECTION 1. Section 1 of Chapter 111 as so appearing in the 2016 Official Edition of the General Laws is hereby amended by adding the following definition:-
“Baby box, boxes lined with a firm mattress and a fitted sheet such that it can serve as a safe sleep place for a newborn, and shall contain newborn infant care essentials aimed at promoting safe sleeping practices, as well as items to encourage safe and healthy habits for families transitioning to parenting.”
SECTION 2. Said Chapter 111 is further amended by adding the following new section:-
“Section 110D. Newborn Health and Safe Sleep Pilot Program.
(a) There shall be established in the department, by the commissioner, a newborn health and safe sleep pilot program designed to reduce infant mortality rates in the Commonwealth. The commissioner shall provide baby boxes or other products aimed at encouraging safe sleep practices in accordance with subsection (b) of this Section. The distribution of baby boxes or other products may vary by region, at the discretion of the commissioner, to meet the needs of the relevant community.
(b) The department shall require that any parent or guardian who wishes to obtain a baby box or other products aimed at encouraging safe sleep practices must first complete an online parent education syllabus to ensure proper use of the baby box as well as to educate on the accepted rules of safe sleep for infants. The department shall create an online portal on the department’s website containing a parent education syllabus. For the purposes of this section, a parent education syllabus shall be developed by the department and shall include, but not be limited to, risks associated with certain sleep conditions and safe sleep practices designed to reduce infant mortality rates. The department shall design and implement a sufficient certification process to ensure that a parent or guardian has completed the parent education syllabus prior to receiving a baby box.
(c) The department shall be responsible for monitoring the quality, appropriateness and effectiveness of the program and shall issue a report with their findings and recommendations to the Chairmen of the Joint Committee on Public Health and the Joint Committee on Children, Families and Persons with Disabilities within one year of the effective date of this section.”
SECTION 3. This act shall take effect upon its passage.
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An Act establishing a special commission to find the best practices to promote education, awareness, and prevention of Lyme disease
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S1442
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SD1069
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:15:23.253'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:15:23.2533333'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1442) of Patrick M. O'Connor for legislation to establish a special commission to find the best practices to promote education, awareness, and prevention of Lyme disease. Public Health.
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Notwithstanding any special or general law there shall be a special commission to study the feasibility and best practices for a statewide education and awareness program to prevent the contraction of Lyme disease and tick borne illnesses.
The special commission shall consist of: the secretary of health and human services, or their designee; the commissioner of the department of public health, or their designee; a representative from the Centers for Disease Control and Prevention; 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; 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 July 1, 2024.
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An Act relative to protecting air quality from carbon-emitting energy generators
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S1443
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SD1070
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:16:15.95'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:16:15.95'}, {'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-04-03T13:54:46.6'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1443) of Patrick M. O'Connor for legislation to protect air quality from carbon-emitting energy generators. Public Health.
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Chapter 111 of the General Laws is hereby amended by inserting after section 142E the following new section:-
Section 142E 1/2. The department shall not approve an air quality plan or operating permit for a facility associated with the generation or transport of carbon-emitting energy sources to be located in any area where any air pollutant chemical or air pollutant compound as defined in 42 USC s. 7412 exceeds the ambient air toxics guidelines set forth by the department of environmental protection unless the applicant demonstrates to the department, and the department makes a finding, that operation of the facility is impossible at any other site in the commonwealth and that denial of the application is incompatible and irreconcilable with the policies established under section 69H of chapter 164 to provide a necessary energy supply for the commonwealth with a minimum impact on the environment.
SECTION 2. Section 69J of Chapter 164 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “policies” in line 65 the following words:-
“permitting, and licensure requirements,”
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An Act relative to the reform of the personal care attendant system
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S1444
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SD1071
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:17:01.67'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:17:01.67'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T12:15:41.7533333'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1444) of Patrick M. O'Connor for legislation relative to the reform of the personal care attendant system. Public Health.
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SECTION 1. Section 71 of Chapter 118E of the General Laws, as so appearing, is hereby amended by inserting at the end the following:-
“The members of the council shall meet with a quorum of seven members no less than three times per year to review any developments and field any questions, concerns, or other correspondence received, as well as strive to resolve any issues that may rise under their purview. The council shall submit a minutes report to the secretary of the executive office of health and human services for publication on the state website.”
SECTION 2. Section 72 of Chapter 118E of the General Laws, as so appearing, is hereby amended by striking subsections (3) and (4) and inserting thereof the following:-
“(3) Provide direct and immediate assistance to consumers and consumer surrogates in finding personal care attendants by establishing a referral directory of personal care attendants and bringing consumers in direct contact with a personal care attendant or attendants; provided that before placing a personal care attendant on the referral directory, the workforce council shall determine that the personal care attendant has met the requirements established by the executive office in its applicable regulations and has not stated in writing a desire to be excluded from the directory; and provided further, that the referral directory shall be maintained and updated every six months to account for new or departing personal care attendants and changes in contact information;
(4) Provide prompt, routine, emergency and respite referrals of personal care attendants to consumers and consumer surrogates who are authorized to receive long-term, in-home personal care services through a personal care attendant;”
SECTION 3. Section 73 of Chapter 118E of the General Laws, as so appearing, is hereby amended by striking the section in its entirety and replacing it with the following:-
Section 73. (a) The PCA quality home care workforce council shall be responsible for the training, directing, and supervising of personal care attendants. Consumers or the consumer’s surrogate may retain the right to select, hire, and terminate any personal care attendant providing services to the consumer or consumer’s surrogate; provided that the consumer or consumer’s surrogate may elect to transfer this right to the council. Consumers or the consumer's surrogate may elect to receive long-term, in-home personal care services from personal care attendants who are not referred to the consumer or consumer's surrogate by the council. Consumers or the consumer’s surrogate may register with the council a primary personal care attendant. For the purposes of this section, “primary personal care attendant” shall mean a personal care attendant who has agreed with the consumer to be the consumer’s primary source of care and service. Registered primary personal care attendants may work up to any number of hours per week for the consumer.
(b) The council shall develop and maintain a personal care attendant pool. For the purposes of this section, a “personal care attendant pool” shall be defined as an online registry of personal care attendants that shall serve the purpose of replacing a primary or regular personal care assistant in the case of their temporary absence or inability to work for a consumer at a scheduled time. The personal care attendant pool shall contain contact information and may contain hours of availability of each personal care attendant employed by the council, pursuant to the provisions of subsection (c) of this section. The council shall require all personal care attendants to notify the council at least 24 hours prior to an anticipated absence or inability to work at the time agreed upon by the consumer and personal care attendant. Upon such notification, the council shall utilize the personal care attendant pool to contact and assign an available personal care attendant to replace the original personal care attendant for the timeframe specified. The council shall work to retain a reasonable amount of available personal care attendants in the personal care attendant pool so as to ensure constant coverage of consumers in the case of an absence or inability to work. The council may, subject to appropriation, establish offices and employ employees, agents and contractors as necessary to carry out the provisions of this section.
(c) Personal care attendants shall be considered public employees, as defined by and solely for the purposes of, chapter 150E and section 17J of chapter 180. Said chapter 150E shall apply to personal care attendants except to the extent that chapter 150E is inconsistent with this section, in which case this section shall control. In addition, personal care attendants shall be treated as state employees solely for the purposes of sections 17A and 17G of chapter 180. Personal care attendants shall not be considered public employees or state employees for any purpose other than those set forth in this paragraph. The PCA quality home care workforce council shall be the employer, as defined by and solely for the purposes of said chapter 150E and said sections 17A, 17G and 17J of said chapter 180 and deductions under said sections 17A, 17G and 17J may be made by any entity authorized by the commonwealth to compensate personal care attendants through the MassHealth personal care attendant program or under any program operated by an entity under contract, in whole or in part, with MassHealth. Personal care attendants shall not be eligible for benefits through the group insurance commission, the state board of retirement or the state employee workers' compensation program.
(d) Personal care attendants who are employees of the council under this section shall not be considered, for that reason, public employees or employees of the council for any other purpose. Nothing in this chapter shall alter the obligations of the commonwealth or the consumer to provide their share of social security, federal and state unemployment taxes, Medicare and worker's compensation insurance under the Federal Insurance Contributions Act, federal and state unemployment law or the Massachusetts Workers' Compensation Act.
(e) Consistent with section 9A of chapter 150E, no personal care attendant shall engage in a strike and no personal care attendant shall induce, encourage or condone any strike, work stoppage, slowdown or withholding of services by any personal care attendant.
(f) The only bargaining unit appropriate for the purpose of collective bargaining shall be a statewide unit of all personal care attendants. The showing of interest required to request an election is 10 per cent of the bargaining unit. An intervener seeking to appear on the ballot must make the same showing of interest.
(g) The council or its contractors, may not be held vicariously liable for the action or inaction of any personal care attendant, whether or not that personal care attendant was included on the council's referral directory or referred to a consumer or the consumer's surrogate.
(h) The members of the council shall be immune from any liability resulting from implementation of sections 70 to 75, inclusive.
SECTION 4. Section 74 of Chapter 118E of the General Laws, as so appearing, is hereby amended by striking the word “may” in line 7 and replacing it with the word “shall” and by striking the word “may” in line 12 and replacing it with the word “shall”.
SECTION 5. Section 75 of Chapter 118E of the General Laws, as so appearing, is hereby amended by striking the figure “(d)” in line 19 and replacing it with the figure “(e)”, and by inserting, after subsection (c), the following new subsection:-
“(d) The performance review shall provide a description of the effectiveness of the personal care attendant pool and any instances where a consumer was unable to have a personal care attendant replaced, following the absence of the originally scheduled personal care attendant, in a timely manner.”
SECTION 6. Chapter 118G of the General Laws, as so appearing, is hereby amended by adding the following new section:-
“Section 72A. The council, in cooperation with the Executive Office of Health and Human Services, the Department of Elder Affairs and the Division of Medical Assistance, shall issue regulations to establish and implement a paid PCA surrogate program. Subject to appropriation, these regulations shall create a system to reimburse for PCA surrogate services provided by any employee or contractor of the member’s personal care agency not to include the member’s legal guardian, family member or fiscal intermediary. The paid surrogate program shall reimburse these surrogates for performing certain PCA management tasks that the member is unable to perform including but not limited to signing and submitting activity forms, hiring, firing, supervising and otherwise directing the PCA as specified in the member’s service agreement. Nothing in this section or regulations promulgated under this section shall be construed to impact the unpaid PCA surrogate program currently described in 130 CMR 422.402 and 130 CMR 422.422(B).”
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An Act relative to the safety of Autistic and Alzheimer's individuals
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S1445
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SD1074
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:18:15.19'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:18:15.19'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-09-20T15:33:53.1333333'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1445) of Patrick M. O'Connor for legislation relative to the safety of Autistic and Alzheimer's individuals. Public Health.
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SECTION 1. For the purposes of this section, “technology-assisted tracking device” shall mean any wearable device that: (i) is waterproof and able to function under water; (ii) is compliant with IP66 and IP68 standards; (iii) is operational indoors or under cover; (iv) does not require direct line of sight to the sky; (v) is independent of third-party public communication networks, cellular, GSM, GPRS or similar; (vi) includes a tamper-resistant wrist or ankle strap directly changeable by a caregiver; (vii) includes system specifics to avoid false alarms in order not to avoid unnecessary law enforcement search and rescue efforts; and (viii) has a patient specific code to avoid mistaken identities.
SECTION 2. The Prevention and Wellness Advisory Board, established under section 2H of chapter 111 of the General Laws, shall make recommendations to the department of public health on the use of technology-assisted tracking devices to mitigate risks associated with wandering for certain populations including, but not limited to, individuals with dementia, autism spectrum disorder or Alzheimer’s disease.
The advisory board shall also review and make recommendations on ways to incorporate the use of technology-assisted tracking devices into a pilot program funded through the Prevention and Wellness Trust Fund, established under section 2G of chapter 111 of the General Laws to increase the safety of individuals with dementia, autism spectrum disorder or Alzheimer’s disease.
The advisory board shall provide its recommendations to the department not later than December 1, 2023. The department shall forward the board’s recommendations and a summary of action items the department intends to undertake as a result of the board’s recommendations to the clerks of the senate and house of representatives, the house and senate chairs of the joint committee on public health and the senate and house committees on ways and means not later than December 1, 2024.
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An Act relative to acupuncture detoxification specialists
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S1446
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SD1092
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-13T17:10:11.883'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-13T17:10:11.8833333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T15:53:25.4'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T15:43:17.4866667'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1446) of Patrick M. O'Connor, Jack Patrick Lewis and Anne M. Gobi for legislation relative to acupuncture detoxification specialists. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 243 the following section:-
Section 244. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Acupuncture detoxification specialist”, a qualified health care professional who is registered with the department to engage in the practice of auricular acupuncture detoxification pursuant to this section.
“Auricular acupuncture detoxification”, treatment by means of the subcutaneous insertion of sterile, disposable acupuncture needles in consistent, predetermined bilateral locations on the ear in accordance with the standardized auricular acupuncture detoxification protocol developed by the National Acupuncture Detoxification Association.
“General supervision”, supervision by phone or other electronic means during business hours with in-person site visits as determined necessary by a licensed acupuncturist.
“Licensed acupuncturist”, an individual who is licensed under sections 148 to 162, inclusive, of chapter 112 to practice as a licensed acupuncturist.
“National Acupuncture Detoxification Association training”, the standardized auricular acupuncture detoxification protocol training developed by the National Acupuncture Detoxification Association, effective as of January 1, 2019.
“Qualified health care professional”, a qualified individual who: (i) is a licensed physician, licensed psychologist, licensed independent clinical social worker, licensed clinical social worker, licensed mental health counselor, licensed psychiatric clinical nurse specialist, certified addictions registered nurse, licensed alcohol and drug counselor I or licensed alcohol and drug counselor II as defined in section 1 of chapter 111J, certified alcohol and drug abuse counselor or certified alcohol and drug abuse counselor II as certified by the Massachusetts Board of Substance Abuse Counselor Certification or an equivalent certifying body or a registered nurse or nurse practitioner certified by the board of registration in nursing pursuant to chapter 112; and (ii) has received training and a certificate of completion from the National Acupuncture Detoxification Association or from a state-recognized organization or agency that meets or exceeds National Acupuncture Detoxification Association training to engage in the practice of auricular acupuncture detoxification protocol for the treatment of addictions, mental and behavioral health, trauma as a result of a disaster and other emotional trauma.
(b) An individual who is not a licensed acupuncturist shall not engage in the practice of the auricular acupuncture detoxification or represent themself as an acupuncture detoxification specialist unless the individual: (i) has been issued: (A) an approved registration by the department to practice auricular acupuncture detoxification in accordance with this section; or (B) a license or certificate in another state with requirements that are at least equivalent to the requirements of this section, as determined by the commissioner; and (ii) has been trained in the standardized auricular acupuncture detoxification protocol in accordance with National Acupuncture Detoxification Association training or an equivalent training certificate by a state-recognized organization.
To engage in the practice of auricular acupuncture detoxification within the individual’s designated lawful scope of practice, a qualified health care professional shall file an application to register as an acupuncture detoxification specialist with the department on a form provided by the commissioner. Each application may be accompanied by the payment of a fee to be determined by the commissioner.
The applicant seeking to practice auricular acupuncture detoxification shall, at a minimum, furnish proof of: (i) relevant licensure or certification as a qualified health care professional; and (ii) completion of the National Acupuncture Detoxification Association training or an equivalent training certificate by a state-recognized organization. An applicant who is registered or certified in another state with requirements that are at least equivalent to the requirements of this section, as determined by the commissioner, shall be allowed to practice auricular acupuncture detoxification in accordance with this section. A registration issued under this section shall be valid for 2 years and subject to renewal as determined by the department.
(c) Auricular acupuncture detoxification shall only be performed by a licensed acupuncturist or a qualified health care professional within their designated lawful scope of practice for the purpose of providing integrated health care delivery interventions in substance abuse treatment and wellness promotion including, but not limited to, treating mental and emotional health, post and acute trauma, addiction or chemical dependency.
(d) A qualified health care professional registered in accordance with this section shall only practice under the general supervision of a licensed acupuncturist; provided, however, that no such individual shall use the title “acupuncturist” or otherwise represent themself or imply that they are a licensed acupuncturist and shall not perform or practice acupuncture outside of the scope of the auricular acupuncture detoxification as defined in this section.
(e) Nothing in this chapter or sections 149 to 162, inclusive, of chapter 112 shall prohibit, limit, interfere with or prevent a qualified health care professional from practicing or performing auricular acupuncture detoxification if the individual is acting within the lawful scope of practice in accordance with the individual’s license and the auricular acupuncture detoxification is performed in: (i) a private, freestanding facility licensed by the department that provides care or treatment for individuals with substance use disorders or other addictive disorders; (ii) a facility under the direction and supervision of the department of mental health; (iii) a setting approved or licensed by the department of mental health; or (iv) any other setting where auricular acupuncture detoxification is an appropriate adjunct therapy to a substance use disorder or behavioral health treatment program; provided, however, that individual or 1-on-1 appointments with a health care provider not within a setting pursuant to this subsection shall not be an appropriate setting in accordance with this section.
(f) The department may promulgate regulations to implement this section.
SECTION 2. Chapter 112 of the General Laws is hereby amended by inserting after section 155 the following section:-
Section 155A. Nothing in this chapter shall prohibit, limit, interfere with or prevent a licensed physician or medical acupuncturist from practicing or performing auricular acupuncture detoxification, as defined in section 244 of chapter 111, if the physician or acupuncturist is acting within the lawful scope of practice in accordance with their license.
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An Act relative to a healthier, stronger Massachusetts
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S1447
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SD1109
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:45:12.54'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:45:12.54'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1447) of Patrick M. O'Connor for legislation relative to a healthier, stronger Massachusetts in the wake of the novel coronavirus pandemic. Public Health.
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SECTION 1. The department of public health shall design and implement a public awareness campaign, subject to appropriation, to promote healthy and active lifestyles in the wake of the novel coronavirus pandemic. The campaign shall promote subjects including, but not limited to, safe and responsible approaches to exercise in gyms and indoor exercise facilities, healthy habits to improve immune, respiratory, and other systems of the body to support virus resistance, and safe practices to counteract the physical and emotional impacts of quarantine and social distancing. Promotion methods shall include, but not be limited to, television and website advertisements, infographic displays in public places, and the adoption of a memorable slogan.
SECTION 2. The department of public health shall establish and set up on the books of the Commonwealth a gym membership subsidy program for the purpose of incentivizing public and private employers to offer free gym memberships for employees. The department shall design and implement an application system whereby employers may apply for partial or full reimbursement for the costs of offering employees free gym memberships. The department acting under such program shall prioritize applicants who do not contract with a health insurance provider that offers gym membership reimbursements.
SECTION 3. Notwithstanding any general or special law to the contrary, there shall be established a special commission to study and recommend a recovery framework for survivors of the novel 2019 coronavirus incorporating epidemiological and preventative health science, best practices in lifestyle and fitness, and healthcare industry insight.
(a) The commission shall be comprised of the following members: three private gym owners, to be appointed by the Governor; the director of the Massachusetts Independent Fitness Operators Organization; the commissioner of the department of public health, or their designee; the director of Mass In Motion program, or their designee; the director of the bureau of community health and prevention, or their designee; the director of the Massachusetts Health Policy commission, or their designee; and the director of the Massachusetts Center for Health Information and Analysis, or their designee.
(b) The first meeting of the commission shall take place no later than December 1, 2023 and shall be organized by the director of the bureau of community health and prevention.
(c) The commission shall produce a report of their findings and analysis along with any recommendations for legislation to the Clerks of the House and Senate and the chairs of the Joint Committee on Public Health no later than December 1, 2024.
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An Act relative to monitoring dry casks of spent nuclear fuel
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S1448
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SD1386
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T15:23:55.903'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T15:23:55.9033333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-30T10:24:41.02'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1448/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1448) of Patrick M. O'Connor for legislation to monitor dry casks of spent nuclear fuel. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by:-
(a) Amending the title of section 5K by adding “STORAGE OF SPENT NUCLEAR FUEL:" after “NUCLEAR REACTOR; and
(b) Adding the following to section 5K:- (I) For the purpose of preventing, mitigating, or alleviating impacts on the resources of the commonwealth and to the health of its citizens from radiation emitted by spent nuclear fuel at facilities that at any time generated electricity for retail customers in the commonwealth, (i) the owner and operator of each such facility in the commonwealth that stores nuclear fuel in dry casks shall report to the department of public health radiation control division, on a continuous real-time basis, the temperature of and the rate of helium and radiation release from each such dry cask. and (ii) the department of public health shall, in consultation with the office of the attorney general, promulgate rules and regulations to adopt and implement such reporting.
SECTION 2. Section 5K of Chapter 111 of the General Laws is hereby further amended by adding the following paragraph:-
The licensee of each existing and proposed nuclear power plant in the Commonwealth, shall fully fund offsite radiological emergency response expenses incurred by the Commonwealth or a municipality post closure until all the reactor's spent fuel is removed from the spent fuel pool and placed in dry casks. No monies from any Decommissioning Trust Fund shall be used to satisfy this obligation.
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An Act to ban single use plastic applicators
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S1449
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SD1475
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T16:38:01.59'}
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[{'Id': None, 'Name': 'Freya Schlegel', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:38:01.59'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1449/DocumentHistoryActions
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Bill
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By Mr. O'Connor (by request), a petition (accompanied by bill, Senate, No. 1449) of Freya Schlegel for legislation to ban single use plastic applicators. Public Health.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2018 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:
“Plastic disposable tampon applicator,” an applicator containing a single tampon designed to be disposed after one use that is made of or contains plastic material, not including any applicator made of biodegradable, plant-based, or cardboard materials.
“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) On or after December 1, 2025, retail establishments shall be prohibited from selling or distributing tampons that are packaged with plastic disposable tampon applicators.
(c) A retail 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 retail establishment for a one year period. An undue hardship shall mean a situation unique to the retail establishment where there are no reasonable alternatives to the use of plastic disposable tampon applicators and compliance with this provision would cause significant economic hardship to that retail establishment.
(d) The commissioner of the department of public health shall promulgate regulations for the enforcement of this section, including, but not limited to, measures to increase access to and availability of biodegradable or non-plastic tampon applicator alternatives. Regulations promulgated under this section shall include fines, not to exceed one thousand dollars, for any single violation of this section.”
SECTION 2. This act shall go into effect immediately upon its passage.
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An Act relative to menstrual product ingredient disclosure
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S145
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SD312
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T18:23:18.723'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T18:23:18.7233333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T13:33:19.21'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-18T10:42:27.9433333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:42:05.0966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T14:59:47.7233333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T14:47:08.23'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-01T14:29:43.43'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S145/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 145) of Joanne M. Comerford, Jason M. Lewis, John F. Keenan, James B. Eldridge and other members of the Senate for legislation relative to menstrual product ingredient disclosure. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 94 of the General Laws is hereby amended by adding the following section:-
Section 330. (a) For the purposes of the section the following words shall have the following meanings:
“Ingredient”, an intentionally added substance present in the menstrual product.
"Menstrual product”, a product used to collect menstruation and vaginal discharge including, but not limited to, tampons, pads, menstrual cups, disks, sponges and menstrual underwear, whether disposable or reusable.
“Manufacturer”, (i) a person or entity that manufactures a menstrual product and whose name appears on the product label; or (ii) a person or entity for whom the product is manufactured or distributed, as identified on the product label pursuant to 15 U.S.C. chapter 39 the Fair Packaging and Labeling Act.
(b) On each package or box, containing menstrual products manufactured for sale or distribution in the commonwealth, a manufacturer shall have printed a label with a plain and conspicuous list of all ingredients, which shall be listed in order of predominance. The label shall be typed in visible print, a minimum font size of 10 points and displayed on the outside of the package or box.
(c) A manufacturer shall change the label on a menstrual product because of a change to an ingredient or addition of a new ingredient. The manufacturer shall make the change within 12 months of the change or addition of the ingredient.
(d) A manufacturer of a menstrual product that is manufactured for sale or distribution in the commonwealth shall post on an internet website, in an electronically readable format, the ingredient information that is required to be disclosed on a package or box containing menstrual products pursuant to subsection (b).
(e) A manufacturer shall revise information disclosed online due to a change in an ingredient or addition of a new ingredient. The manufacturer shall make the revision no later than 6 months after the change or addition of the ingredient.
(f) The requirements of this section shall apply in addition to any other labeling requirements established pursuant to the General Laws.
(g) Whoever manufactures a menstrual product in violation of this section shall be punished by a fine of $1,000 dollars.
SECTION 2. This act shall take effect 12 months upon passage.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}, {'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J16', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J16'}, 'Votes': []}]
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An Act assessing healthcare access
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S1450
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SD807
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T14:25:33.823'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T14:25:33.8233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T17:12:06.3566667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-27T09:17:57.8633333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-27T13:31:17.9733333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-02T20:03:54.89'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T13:25:57.1666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1450/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1450) of Jacob R. Oliveira, Lindsay N. Sabadosa, Paul R. Feeney, Marc R. Pacheco and other members of the General Court for legislation to assess healthcare access. Public Health.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end the following section:
The Department, in consultation with the Health Policy Commission and the Center for Health Information Analysis, shall commission a study. The study shall examine current access to essential health services, as defined by the department of public health under section 51G of chapter 111, provided by the Commonwealth’s acute care hospitals including community hospitals, in-patient psychiatric hospitals, the effect of the discontinuation of essential health services on that access, the projected need for those services in all regions of the Commonwealth over the next decade and provide recommendations as to how to ensure access to those essential health services. This study shall include, but not be limited to (i) the current number of beds and services provided by each hospital in each region, including the most recent year’s admission and discharge data for each service by hospital; (ii) review discontinuations of essential health services by hospitals since 1992 and their effect on access to these essential health services; (ii) review hospital closures since 1992 and their effect on access to these essential health services; (iii) review plans provided to the department of public health following the discontinuation of essential services for compliance and identify where essential health services were provided following the discontinuation; (iv) calculate projected need for essential health services in each region; (v) calculate projected need, if any, for providers of essential health services to meet regional needs over the next decade; (vi) examine financial conditions that might lead to the discontinuation of essential health services, including but not limited to private and public reimbursement rates; (vii) identify essential health services by region that might be vulnerable to discontinuation over the next three years; (viii) examine the need for additional post in-patient discharge services (viii) identify steps to protect essential health services provided by financially vulnerable acute care and inpatient psychiatric hospitals; (ix) review methods implemented in other states to discourage and manage the discontinuation of essential health services by acute care hospitals and in-patient psychiatric hospitals closures; and (x) recommend any policy changes to assure access to essential health services in all regions of the Commonwealth.
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An Act relative to environmentally-friendly burial alternatives
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S1451
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SD908
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T23:07:25.973'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T23:07:25.9733333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T10:41:41.1533333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-15T08:57:18.8366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1451/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1451) of Jacob R. Oliveira and Adam Scanlon for legislation relative to burial alternatives that protect the environment. Public Health.
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SECTION 1. Section 14 of chapter 38 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “cremation”, in lines 6, 7 and 9, in each instance, the following words:- , alkaline hydrolysis, natural organic reduction.
SECTION 2. Said section 14 of said chapter 38, as so appearing, is hereby further amended by inserting after the word “cremation”, in lines 10, 14 and 16, in each instance, the following words:- , alkaline hydrolysis or natural organic reduction.
SECTION 3. Section 14A of chapter 85 of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the following word:- cremated.
SECTION 4. Section 202 of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out, in line 43, the word “cremated” and inserting in place thereof the following words:- disposed of by cremation, alkaline hydrolysis or natural organic reduction.
SECTION 5. Said section 202 of said chapter 111, as so appearing, is hereby further amended by inserting after the word “entombment”, in line 55, the following words:-, alkaline hydrolysis, natural organic reduction.
SECTION 6. Section 82 of chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the word “cremation”, in line 10, the following words:- , alkaline hydrolysis, natural organic reduction.
SECTION 7. Section 83 of said chapter 112, as so appearing, is hereby amended by inserting after the word “cremation”, in lines 40 and 43, in each instance, the following words:- , alkaline hydrolysis, natural organic reduction.
SECTION 8. Section 4 of chapter 113 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the words “buried or cremated” and inserting in place thereof the following words:- disposed of by burial, cremation, alkaline hydrolysis or natural organic reduction.
SECTION 9. Section 14 of chapter 113A of the General Laws, as so appearing, is hereby amended by inserting after the word “burial”, in lines 49 and 50, in each instance, the following words:- , alkaline hydrolysis, natural organic reduction.
SECTION 10. Section 1 of chapter 114 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the introductory paragraph the definition:-
"Alkaline hydrolysis" or "hydrolysis", the reduction of human remains to bone fragments and essential elements in a licensed hydrolysis facility using heat, pressure, water and base chemical agents.
SECTION 11. Said section 1 of said chapter 114, as so appearing, is hereby further amended by inserting after the definition of “Grave liner” the following definition:-
"Hydrolysis facility", a structure, room or other space in a building or structure containing 1 or more hydrolysis vessels, to be used for alkaline hydrolysis.
SECTION 12. Said section 1 of said chapter 114, as so appearing, is hereby further amended by inserting after the definition of “Monument or memorial” the following 2 definitions:-
“Natural organic reduction", the contained, accelerated conversion of human remains to soil.
"Natural organic reduction facility", a structure, room or other space in a building or real property where natural organic reduction of a human body occurs.
SECTION 13. Said section 1 of said chapter 114, as so appearing, is hereby further amended by striking out, in line 56, the following word:- cremated.
SECTION 14. Said chapter 114 is hereby amended by striking out section 6, as so appearing, and inserting in place thereof the following section:-
Section 6. Such corporation may conduct cremation, alkaline hydrolysis in a hydrolysis facility or natural organic reduction in a natural organic reduction facility upon the bodies of the dead. Such corporation may provide necessary buildings and appliances therefor and for the disposition of the remains of the dead on any land within its cemetery which the department of environmental protection determines is suitable therefor, subject to the section 43D, and such buildings and appliances shall be a part of the cemetery and be dedicated to the burial of the dead, and shall be held by said corporations subject to the duties, and with the privileges and immunities, which they now have by law.
SECTION 15. Section 7 of said chapter 114, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “cremation”, in line 3, the following words:- , alkaline hydrolysis or natural organic reduction.
SECTION 16. Section 9 of said chapter 114, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “of bodies of the dead and for the disposition of the ashes” and inserting in place thereof the following words:-, alkaline hydrolysis or natural organic reduction performed upon the bodies of the dead and for the disposition of the remains.
SECTION 17. Said section 9 of said chapter 114, as so appearing, is hereby further amended by inserting after the word “cremation”, in line 10, the following words:- , hydrolysis or natural organic reduction.
SECTION 18. Said chapter 114 is hereby amended by striking out section 43M, as so appearing, and inserting in place thereof the following section:-
Section 43M. Except as otherwise provided by law, or in case of a dead body being rightfully carried through or removed from the commonwealth for the purpose of burial or disposition elsewhere, every dead body of a human being dying within the commonwealth, and the remains of any body after dissection therein, shall be decently buried, entombed in a mausoleum, vault or tomb or disposed of by cremation, alkaline hydrolysis or natural organic reduction within a reasonable time after death. The permanent disposition of such bodies or remains shall be by interment in the earth or deposit in a chamber, vault or tomb of a cemetery owned, maintained and operated in accordance with the laws of this commonwealth, by deposit in a crypt of a mausoleum, or by cremation, alkaline hydrolysis or natural organic reduction. The remains of a human body after cremation, hydrolysis or natural organic reduction may be deposited in a niche of a columbarium or a crypt of a mausoleum, buried or disposed of in any manner not contrary to law. Notwithstanding any general or special law to the contrary, a funeral establishment in possession of the remains of a human body which is not claimed by a next-of-kin or duly authorized representative within 12 months after the date of cremation, alkaline hydrolysis or natural organic reduction may have the remains interred or placed in a common grave, niche or crypt in a cemetery, or scattered in an area of the cemetery designated for that purpose; provided, however, that if the deceased is a veteran of the United States Armed Forces the deceased shall be interred at a veterans' cemetery. Each cemetery and funeral establishment shall maintain permanent records of such disposition. There shall be no liability for a funeral establishment, cemetery or corporation described in section 6, or any employee or agent thereof that disposes of unclaimed remains in accordance with this section. Each municipality or cemetery corporation shall maintain records which identify the name, if known, of the dead human body or remains in each burial lot, tomb or vault under its control. No deposit of the bodies or remains of the human dead shall be made in a single chamber, vault or tomb wholly or partly above the natural surface of the ground unless the part thereof below such surface is of a permanent character, constructed of materials capable of withstanding extreme climatic conditions, waterproof and air tight, and capable of being sealed permanently to prevent all escape of effluvia, and unless the part thereof above the natural surface of the ground is constructed of natural stone of a standard not less than that required by the United States government for monuments erected in national cemeteries, of durability sufficient to withstand all conditions of weather.
Notwithstanding any general or special law to the contrary and for the purposes of this section, a board of health may serve as the duly authorized representative for the purpose of requesting cremation, alkaline hydrolysis or natural organic reduction of unclaimed remains by signing a form under the following circumstances: (i) the unclaimed remains shall be in a location that is within the jurisdiction of the board of health; (ii) the board of health has received notice from a licensed funeral director that either no person has come forward to claim the remains or that no person may legally claim the remains; provided, however, that the board of health shall wait 30 days after such notification under this clause prior to signing the form. The unclaimed remains shall then be viewed by a medical examiner or forensic investigator designated by the chief medical examiner pursuant to section 14 of chapter 38, who shall authorize the cremation, hydrolysis or natural organic reduction only when no further examination or judicial inquiry concerning the death is necessary. The office of the chief medical examiner may waive the fee set forth in said section 14 of said chapter 38 for cremation authorizations pursuant to this section. There shall be no liability for a board of health or an employee, agent, or licensee thereof that authorizes the disposal of unclaimed remains in accordance with this section. Nothing in this section shall supersede the obligations of the office of the chief medical examiner as set forth in this chapter and chapter 38.
SECTION 18. Said chapter 114 is hereby further amended by striking out section 44 and inserting in place thereof the following section:-
Section 44. Cremation, alkaline hydrolysis or natural organic reduction shall not be conducted upon the body of a deceased person within 48 hours after the person’s decease, unless the person died of a contagious or infectious disease. If the death occurred within the commonwealth, cremation, alkaline hydrolysis or natural organic reduction shall not be conducted upon the body by any corporation described in section 6 until the corporation’s officers have received (i) the certificate or burial permit required by law before burial; and (ii) a certificate from a medical examiner or similarly authorized person who has viewed the body and made personal inquiry into the cause and manner of death and is of opinion that no further examination or judicial inquiry concerning the same is necessary. If the death occurs without the commonwealth, the medical examiner's certificate may be provided by a medical examiner or similarly authorized person in whose jurisdiction the death occurred or the reception and cremation, hydrolysis or natural organic reduction of the body of a deceased person shall be governed by a by-law or regulation made or approved by the department of public health as provided in section 9.
SECTION 19. Section 44A of said chapter 114, as so appearing, is hereby amended by striking out, in line 1, the words “to be cremated” and inserting in place thereof the following words:- prior to cremation, alkaline hydrolysis or natural organic reduction.
SECTION 20. Said chapter 114 is hereby further amended by striking out section 47 and inserting in place thereof the following section:-
Section 47. No person having the care of a cemetery, burial ground, hydrolysis facility, natural organic reduction facility or crematory shall permit the burial, removal, hydrolysis, natural organic reduction or cremation of a human body until the permit for such burial, removal, hydrolysis, natural organic reduction or cremation has been delivered to him, nor permit the remains of a human body to be buried therein until there has been delivered to him a certificate that the burial permit and the certificate of the medical examiner prerequisite to the disposal of said body have been duly presented.
Upon the burial, removal, hydrolysis, natural organic reduction or cremation of a body, the superintendent or other officer in charge of the cemetery, hydrolysis facility, natural organic reduction facility or crematory shall indorse upon the coupon accompanying the permit the fact of such burial, removal, hydrolysis, natural organic reduction or cremation, with the date thereof, shall make and preserve in the files of the cemetery or crematory a record of such burial, removal, hydrolysis, natural organic reduction or cremation, including any recital in the burial permit relative to service of the deceased as a veteran as defined in section 10 of chapter 46, and also the location of the grave or other receptacle of the body or remains of the deceased, and shall forthwith return the coupon to the office issuing the same; provided, that if there is no officer in charge of the cemetery or crematory, such duties shall be performed by the undertaker.
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An Act to ensure safe medication administration
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S1452
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SD590
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T12:26:46.06'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T12:26:46.06'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T10:49:48.7266667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T10:56:16.1'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:10:16.84'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1452) of Marc R. Pacheco, Jack Patrick Lewis and James B. Eldridge for legislation to ensure safe medication administration. Public Health.
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Section 7 of chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (h), the following new subsection:-
(i) Notwithstanding any general or special law to the contrary, only a dentist, nurse, physician, podiatrist, perfusionist, optometrist or veterinarian licensed as a professional by chapter 112 of the General Laws, or any student enrolled in a course of study for said profession acting under the supervision of said licensed person and in accordance with the General Laws, may administer any controlled substance in schedule II, III , IV, V or VI of Section 3 of chapter 94C of the General Laws. This shall not be construed to prohibit the following:
(1) self-administration
(2) administration of epinephrine pens in an emergency;
(3) administration of controlled substances by emergency medical system personnel or
(4) administration of controlled substances by any ill, injured or infirm person's domestic partner or family member(s).
For the purposes of this section, "self-administration" shall include the ability of any ill, injured or infirm person who has sufficient understanding of their prescribed controlled substance(s); the indications and contraindications for such controlled substance(s); a recollection of the administration schedule for such controlled substance(s) and an ability to communicate this knowledge and the experienced effect of having taken a controlled substance, to supervise an unlicensed person in the direct administration of such controlled substance(s) to them.
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An Act relative to the definition of podiatry
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S1453
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SD624
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-10T10:52:12.667'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-10T10:52:12.6666667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-27T14:44:24.9366667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:10:02.17'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1453) of Marc R. Pacheco and Ryan C. Fattman for legislation relative to the definition of podiatry. 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 striking out section 13, as so appearing, and inserting in place thereof the following section:-
Section 13. (a) As used in this chapter, "podiatry" shall mean the diagnosis and treatment, by medical, mechanical, electrical or surgical means, of ailments of the human foot and lower leg.
(b) As used in sections 12B, 12G and 80B, "physician" shall include a podiatrist registered under section 16.
(c) Sections 13 to 18, inclusive, shall not apply to surgeons of the United States army, United States navy or of the United States Public Health Service or to physicians registered in the commonwealth.
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An Act relative to baseline concussion testing for student athletes
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S1454
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SD715
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-09T16:16:18.88'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-09T16:16:18.88'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-27T12:36:30.66'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:36:30.66'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1454) of Marc R. Pacheco for legislation relative to baseline concussion testing for student athletes. Public Health.
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SECTION 1. The first paragraph of subsection (a) of Section 222 of Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:- The department shall create, implement and maintain mandatory baseline concussion testing for all high school aged athletes enrolled in public school or any school, private or otherwise, that is subject to the Massachusetts Interscholastic Athletic Association rules.
SECTION 2. Said Section 222 of said Chapter 111, as so appearing, is hereby amended by striking out the word “The”, in line 25, and inserting in place thereof the following words:- In addition to the mandatory baseline concussion testing results, the.
SECTION 3. Said Section 222 of said Chapter 111, as so appearing, is hereby further amended by inserting after the word “student”, in line 38, the following words:- has undergone follow-up concussion testing in addition to previous baseline testing and the student.
SECTION 4. The first paragraph of subsection (c) of said Section 222 of said Chapter 111, as so appearing, is hereby amended by adding the following sentence:- Any of the previously mentioned professionals who submit clearance shall also be trained in baseline concussion testing administration.
SECTION 5. The second paragraph of said subsection (c) of said Section 222 of said Chapter 111, as so appearing, is hereby amended by adding the following sentence:- Any of the previously mentioned professionals who submit clearance shall also be trained in baseline concussion testing administration.
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An Act relative to essential health services
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S1455
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SD1929
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T10:42:35.56'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T10:42:35.56'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:11:25.3866667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T18:11:25.3866667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-07-24T10:35:27.2666667'}]
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1455) of Marc R. Pacheco for legislation relative to essential health services. Public Health.
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Section 51G of chapter 111 of the General Laws is hereby amended by adding the following subesction:-
(7) Any medical health facility or hospital that provided essential health services, as defined in 105 CMR 130.020, as of January 1, 2017, which phases out or discontinues these services shall have their license suspended until these services are resumed. This subsection shall apply if there is no alternative medical health facility or hospital within a 10-mile radius of the medical health facility or hospital that provides the same essential health services.
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An Act prohibiting the sale of dextromethorphan to minors
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S1456
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SD676
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-17T17:05:33.12'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-17T17:05:33.12'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-03T12:12:04.3233333'}]
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1456) of Rebecca L. Rausch and Jason M. Lewis for legislation to prohibit the sale of dextromethorphan to minors. Public Health.
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Chapter 94C of the General Laws is hereby amended by inserting after section 27A the following section:-
Section 27B. (a)(1) It shall be unlawful to sell a nonprescription material, compound, mixture or preparation containing any detectable quantity of dextromethorphan, its salts or optical isomers, or salts of optical isomers to any person under the age of 18.
(2) It shall be unlawful for any person under the age of 18 to purchase or attempt to purchase a nonprescription material, compound, mixture or preparation containing any detectable quantity of dextromethorphan, its salts or optical isomers, or salts of optical isomers.
(3) A nonprescription material, compound, mixture or preparation containing any detectable quantity of dextromethorphan, its salts or optical isomers, or salts of optical isomers shall not be sold unless the purchaser presents photo identification that validates the individual’s age or from the purchaser’s outward appearance the person making the sale would reasonably presume the purchaser to be twenty-seven years of age or older. Valid identification shall include a valid, current form of photo identification issued by a federal, state, county or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle operator’s license, a Massachusetts state identification card, an identification card issued to a member of the Armed Forces or a passport.
(4) Nothing in the act shall be construed to impose any compliance requirement on a retail entity other than manually obtaining and verifying proof of age as a condition of sale, including placement of products in a specific place within a store, other restrictions on consumers’ direct access to finished drug products, or the maintenance of transaction records. Any manufacturer, distributor, or retailer whose employee or representative, during the course of the employee or representative’s employment or association with the manufacturer, distributor, or retailer sells or trades dextromethorphan in violation of paragraph (1) shall receive a warning letter from the state Bureau of Health Care Safety and Quality for the first such violation. Any employee or representative of a manufacturer, distributor, or retailer who, during the course of employee or representative’s employment or association with that manufacturer distributor, or retailer sells or trades dextromethorphan in violation of paragraph (1) shall be subject to a civil penalty in an amount of a) not more than $150 for the second such violation by a person b) not more than $250 for the third such violation or subsequent such violation by a person. Any person who purchases dextromethorphan in violation of paragraph (2) is subject to a civil fine of $50.
(b) This section shall not apply to a compound, mixture or preparation containing any detectable quantity of dextromethorphan which is dispensed pursuant to a valid prescription from a licensed practitioner with prescriptive authority.
This act preempts any ordinance regulating the sale, distribution, receipt, or possession of dextromethorphan enacted by a county, city, town, or other political subdivision of this state, and dextromethorphan is not subject to further regulation by such subdivisions.
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An Act promoting access to midwifery care and out-of-hospital birth options
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S1457
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SD1327
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T14:17:08.167'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T14:17:08.1666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T15:52:06.1933333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-31T12:19:36.72'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-01T09:10:51.27'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-01T09:10:51.27'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-03T17:21:14.5466667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-07T20:39:12.5366667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T15:23:39.54'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T15:23:39.54'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T13:07:46.54'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-09T13:07:46.54'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:41:55.1633333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-28T13:29:42.6166667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-29T16:28:10.41'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-03-29T16:28:10.41'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-29T16:28:10.41'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-29T16:28:10.41'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-05-12T08:58:55.16'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-06-02T10:36:04.9633333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-06-15T15:04:14.5233333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-07-27T10:53:03.8433333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-09-29T15:27:10.53'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1457) of Rebecca L. Rausch, Jack Patrick Lewis, Hannah Kane, Jason M. Lewis and other members of the General Court for legislation to promote access to midwifery care and out-of-hospital birth options. Public Health.
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SECTION 1. Section 9 of chapter 13 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 7, after the word “counselors” the following words:- , the board of registration in midwifery.
SECTION 2. Said chapter 13, as so appearing, is hereby further amended by adding the following section:-
Section 110. (a) There shall be within the department of public health a board of registration in midwifery. The board shall consist of 8 members to be appointed by the governor, 5 of whom shall be midwives with not less than 5 years of experience in the practice of midwifery and who shall be licensed under sections 276 to 289, inclusive, of chapter 112, 1 of whom shall be a physician licensed to practice medicine under section 2 of said chapter 112 with experience working with midwives, 1 of whom shall be a certified nurse-midwife licensed to practice midwifery under section 80B of said chapter 112 and 1 of whom shall be a member of the public. Four of the members of the board of registration in midwifery shall have experience working on the issue of racial disparities in maternal health or be a member of a population that is underrepresented in the midwifery profession. When making the appointments, the governor shall consider the recommendations of organizations representing certified professional midwives in the commonwealth. The appointed members shall serve for terms of 3 years. Upon the expiration of a term of office, a member shall continue to serve until a successor has been appointed and qualified. A member shall not serve for more than 2 consecutive terms; provided, however, that a person who is chosen to fill a vacancy in an unexpired term of a prior board member may serve for 2 consecutive terms in addition to the remainder of that unexpired term. A member may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in the office after a written notice of the charges against the member and sufficient opportunity to be heard thereon. Upon the death or removal for cause of a member of the board, the governor shall fill the vacancy for the remainder of that member’s term after considering suggestions from a list of nominees provided by organizations representing certified professional midwives in the commonwealth. For the initial appointment of the board, the 5 members required to be licensed midwives shall be persons with at least 5 years of experience in the practice of midwifery who meet the eligibility requirements set forth in subsection (a) of section 281 of chapter 112. Members of the board shall be residents of the commonwealth.
(b) Annually, the board shall elect from its membership a chair and a secretary who shall serve until their successors have been elected and qualified. The board shall meet not less than 4 times annually and may hold additional meetings at the call of the chair or upon the request of not less than 4 members. A quorum for the conduct of official business shall be a majority of those appointed. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties. The members shall be public employees for the purposes of chapter 258 for all acts or omissions within the scope of their duties as board members.
SECTION 3. Section 1E of chapter 46 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Physician” the following definition:-
“Licensed midwife,” a midwife licensed to practice by the board of registration in midwifery as provided in sections 276 to 289 of chapter 112.
SECTION 4. Section 3B of said chapter 46, as so appearing, is hereby amended by inserting after the word “physician”, in line 1, the following words:- or licensed midwife.
SECTION 5. Section 1 of chapter 94C of the general laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Isomer” the following definition:-
“Licensed midwife,” a midwife licensed to practice by the board of registration in midwifery as provided in sections 276 to 289 of chapter 112.
SECTION 6. Section 7 of said chapter 94C, as so appearing, is hereby amended by adding the following new subsection:-
(j) The commissioner shall promulgate regulations which provide for the automatic registration of licensed midwives, upon the receipt of the fee as herein provided, to issue written prescriptions in accordance with the provisions of sections 279 of chapter 112 and the regulations issued by the board of registration in midwifery under said section 279 of chapter 112, unless the registration of such licensed midwife has been suspended or revoked pursuant to the provisions of section 13 or section 14 or unless such registration is denied for cause by the commissioner pursuant to the provisions of chapter 30A. Prior to promulgating such regulations, the commissioner shall consult with the board of registration in midwifery.
SECTION 7. Section 9 of said chapter 94C, as so appearing, is hereby amended by inserting in paragraph (a), after the words “certified nurse midwife as provided in section 80C of said chapter 112” the following words:- , licensed midwife as limited by subsection (j) of said section 7 and section 279 of said chapter 112.
SECTION 8. Section 9 of said chapter 94C, as so appearing, is hereby further amended in paragraph (b), by inserting after the words “midwife” in each place that they appear, the following words:- , licensed midwife.
SECTION 9. Said section 9 of said chapter 94C, as so appearing, is hereby further amended in paragraph (b), by inserting after the words “nurse-midwifery” in each place that they appear, the following words:- , midwifery.
SECTION 10. Section 9 of said chapter 94C is further amended in paragraph (c), by inserting after the words “certified nurse midwife” in each place that they appear, the following words:- , licensed midwife.
SECTION 11. The definition of “medical peer review committee” in section 1 of chapter 111 of the General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following sentence:- “Medical peer review committee” shall include a committee or association that is authorized by a midwifery society or association to evaluate the quality of midwifery services or the competence of midwives and suggest improvements in midwifery practices to improve patient care.
SECTION 12. Section 202 of said chapter 111, as so appearing, is hereby amended by inserting, in the second and third paragraphs, after the word “attendance”, in each instance, the following words:- or midwife in attendance.
SECTION 13. Said section 202, as so appearing, is hereby further amended by inserting, in the fourth paragraph, after the word “attendance” the following words:- or without the attendance of a midwife,.
SECTION 14. Section 204 of said chapter 111, as so appearing, is hereby amended by inserting, in lines 7, 12 and 28, after the word “medicine”, in each instance, the following word:- , midwifery.
SECTION 15. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new sections:-
Section 276. As used in sections 276 to 288, inclusive, of this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Board”, the board of registration in midwifery, established under section 110 of chapter 13.
“Certified nurse-midwife”, a nurse with advanced training and who has obtained certification by the American Midwifery Certification Board.
“Certified professional midwife”, a professional independent midwifery practitioner who has obtained certification by the NARM."
“Client”, a person under the care of a licensed midwife, as described by a written statement pursuant to section 284 of this chapter.
“Licensed midwife”, a person registered by the board to practice midwifery in the commonwealth under sections 276 to 288, inclusive, of this chapter.
“MBC”, the midwifery bridge certificate issued by the NARM or its successor credential.
“MEAC”, the Midwifery Education Accreditation Council or its successor organization.
“Midwifery”, the practice of providing primary care to a client and newborn during the preconception, antepartum, intrapartum and postpartum periods.
“NARM”, the North American Registry of Midwives or its successor organization.
Section 277. Nothing in sections 276 to 288, inclusive, of this chapter shall limit or regulate the practice of a licensed physician, certified nurse-midwife, or licensed basic or advanced emergency medical technician. The practice of midwifery shall not constitute the practice of medicine, certified nurse-midwifery or emergency medical care.
Section 278. (a) The board shall:
(i) adopt rules and promulgate regulations governing licensed midwives and the practice of midwifery to promote public health, welfare and safety, consistent with the essential competencies identified by the NARM;
(ii) administer the licensing process, including, but not limited to:
(A) receiving, reviewing, approving, rejecting and issuing applications for licensure;
(B) renewing, suspending, revoking and reinstating licenses;
(C) investigating complaints against persons licensed under sections 276 to 288, inclusive, of this chapter;
(D) holding hearings and ordering the disciplinary sanction of a person who violates sections 276 to 288, inclusive, of this chapter or a regulation of the board;
(iii) establish administrative procedures for processing applications and renewals;
(iv) have the authority to adopt and provide a uniform, proctored examination for applicants to measure the qualifications necessary for licensure;
(v) develop practice standards for licensed midwives that shall include, but not be limited to:
(A) adoption of ethical standards for licensed midwives and apprentice midwives;
(B) maintenance of records of care, including client charts;
(C) participation in peer review; and
(D) development of standardized informed consent, reporting and written emergency transport plan forms;
(vi) establish and maintain records of its actions and proceedings in accordance with public records laws; and
(vii) adopt professional continuing education requirements for licensed midwives seeking renewal consistent with those maintained by the NARM.
(b) Nothing in this section shall limit the board’s authority to impose sanctions that are considered reasonable and appropriate by the board. A person subject to any disciplinary action taken by the board under this section or taken due to a violation of any other law, rule or regulation may file a petition for judicial review pursuant to section 64 of this chapter.
(c) A licensed midwife shall accept and provide care to clients only in accordance with the scope and standards of practice identified in the rules adopted pursuant to this section.
(d) Notwithstanding any other provision in this section, the board shall not issue any regulations that require a licensed midwife to practice under the supervision of or in collaboration with another healthcare provider or to enter into an agreement, written or otherwise, with another healthcare provider.
Section 279. A licensed midwife duly registered to issue written prescriptions in accordance with the provisions of subsection (j) of section 7 of chapter 94C may order, possess, purchase, and administer pharmaceutical agents consistent with the scope of midwifery practice, including without limitation antihemorrhagic agents including but not limited to oxytocin, misoprostol and methergine; intravenous fluids for stabilization; vitamin K; eye prophylaxes; oxygen; antibiotics for Group B Streptococcal antibiotic prophylaxes; Rho (D) immune globulin; local anesthetic; epinephrine; and other pharmaceutical agents identified by the board, however, that nothing in this section shall be construed to permit a licensed midwife’s use of pharmaceutical agents which are (a) controlled substances as described by Title 21 U.S.C. Section 812 or in chapter 94C, except for those listed in schedule VI; or (b) not identified by rules and regulations promulgated by the board of registration in midwifery as consistent with the scope of midwifery practice.
Section 280. A person who desires to be licensed and registered as a licensed midwife shall apply to the board in writing on an application form prescribed and furnished by the board. The applicant shall include in the application statements under oath satisfactory to the board showing that the applicant possesses the qualifications described under section 281 prior to any examination which may be required under section 278. The secretary of administration and finance, pursuant to section 3B of chapter 7, shall establish a license application fee, a license renewal fee and any other fee applicable under sections 276 to 288, inclusive, of this chapter; provided, however, that such license applicant and license renewal fees shall not exceed $200 biennially. The board, in consultation with the secretary of administration and finance, shall institute a process for applicants to apply for a financial hardship waiver, which may reduce or fully exempt an applicant from paying the fee pursuant to this section. Fees collected by the board shall be deposited into the Quality in Health Professions Trust Fund pursuant to section 35X of chapter 10 to support board operations and administration and to reimburse board members for actual and necessary expenses incurred in the performance of their official duties.
Section 281. (a) To be eligible for registration and licensure by the board as a licensed midwife, an applicant shall: (i) be of good moral character; (ii) be a graduate of a high school or its equivalent; and (iii) possess a valid certified professional midwife credential from the NARM.
(b) An applicant for a license to practice midwifery as a certified professional midwife shall submit to the board proof of successful completion of a formal midwifery education and training program as follows:
(i) a certificate of completion or equivalent from an educational program or institution accredited by the MEAC; or
(ii) an MBC, provided that an applicant: (1) is certified as a certified professional midwife within 5 years after the effective date of this section and completed a midwifery education and training program from an educational program or institution that is not accredited by the MEAC; or (2) is licensed as a professional midwife in a state that does not require completion of a midwifery education and training program from an educational program or institution that is accredited by the MEAC.
Section 282. The board may license in a like manner, without examination, any midwife who has been licensed in another state under laws which, in the opinion of the board, require qualifications and maintain standards substantially the same as those of this commonwealth for licensed midwives, provided, however, that such midwife applies and remits fees as provided for in section 279.
Section 283. (a) The board may, after a hearing pursuant to chapter 30A, revoke, suspend or cancel the license of a licensed midwife, or reprimand or censure a licensed midwife, for any of the reasons set forth in section 61.
(b) No person filing a complaint or reporting information pursuant to this section or assisting the board at its request in any manner in discharging its duties and functions shall be liable in any cause of action arising out of providing such information or assistance; provided, however, that the person making the complaint or reporting or providing such information or assistance does so in good faith and without malice. Section 284. When accepting a client for care, a licensed midwife shall obtain the client’s informed consent, which shall be evidenced by a written statement in a form prescribed by the board and signed by both the licensed midwife and the client.
Section 285. A licensed midwife shall prepare, in a form prescribed by the board, a written plan for the appropriate delivery of emergency care. The plan shall include, but not be limited to: (i) consultation with other health care providers; (ii) emergency transfer; and (iii) access to neonatal intensive care units and obstetrical units or other patient care areas.
Section 286. A health care provider that consults with or accepts a transport, transfer or referral from a licensed midwife, or that provides care to a client of a licensed midwife or such client’s newborn, shall not be liable in a civil action for personal injury or death resulting from an act or omission by the licensed midwife, unless the professional negligence or malpractice of the health care provider was a proximate cause of the injury or death.
Section 287. (a) The board may petition any court of competent jurisdiction for an injunction against any person practicing midwifery or any branch thereof without a license granted pursuant to sections 276 to 288, inclusive, of this chapter. Proof of damage or harm sustained by any person shall not be required for issuance of such injunction. Nothing in this section shall relieve a person from criminal prosecution for practicing without a license.
(b) Nothing in this section shall prevent or restrict the practice, service or activities of:
(i) a person licensed in the commonwealth from engaging in activities within the scope of practice of the profession or occupation for which such person is licensed; provided, however, that such person does not represent to the public, directly or indirectly, that such person is licensed under sections 276 to 289, inclusive, and that such person does not use any name, title or designation indicating that such person is licensed under said sections 276 to 289, inclusive; or
(ii) a person employed as a midwife by the federal government or an agency thereof if that person provides midwifery services solely under the direction and control of the organization by which such person is employed;
(iii) a traditional birth attendant who provides midwifery services if no fee is contemplated, charged or received, and such person has cultural or religious traditions that have historically included the attendance of traditional birth attendants at birth, and the birth attendant serves only individuals and families in that distinct cultural or religious group;
(iv) persons who are members of Native American communities and provide traditional midwife services to their communities; or
(v) any person rendering aid in an emergency.
Section 288. A licensed midwife, registered by the board of registration in midwifery pursuant to sections 276 to 288, inclusive, of this chapter, who provides services to any person or beneficiary covered by Title XIX of the Social Security Act or MassHealth pursuant to section 9A of chapter 118E, may accept the Medicaid or MassHealth approved rate as payment in full for such services; provided, that a licensed midwife who accepts the Medicaid or MassHealth approved rate pursuant to this section shall be reimbursed at said rate for such services
SECTION 16. Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 10A by adding the words “licensed midwife,” after the word “physician,” in line 15 and after the word “pediatrician,” in line 20, and by inserting at the end of the section the following sentence:- The division shall provide coverage for midwifery services including prenatal care, childbirth and postpartum care provided by a licensed midwife regardless of the site of services.
SECTION 17. The board established pursuant to section 110 of chapter 13 of the General Laws shall adopt rules and promulgate regulations pursuant to this act within 1 year from the effective date of this act.
SECTION 18. The board established pursuant to section 110 of chapter 13 of the General Laws shall promulgate regulations for the licensure of individuals practicing midwifery prior to the date on which the board commences issuing licenses; provided, however, that individuals practicing midwifery in the commonwealth as of the date on which the board commences issuing licenses shall have 2 years from that date to complete the requirements necessary for licensure.
SECTION 19. Nothing in this act shall preclude a person who was practicing midwifery before the effective date of this act from practicing midwifery in the commonwealth until the board establishes procedures for the licensure of midwives pursuant to this act.
SECTION 20. The department of public health shall promulgate regulations within 1 year from the effective date of this act governing birth centers, consistent with standards set forth by the American Association of Birth Centers, including without limitation authorizing licensed professional midwives to practice in birth centers as primary birth attendants, director of birth centers, and director of clinical affairs. Licensed professional midwives practicing in licensed birth centers shall not be required to enter into any agreement for supervision or collaboration with any other healthcare provider or hospital.
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An Act promoting community immunity
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S1458
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SD1491
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T16:47:58.147'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T16:47:58.1466667'}, {'Id': 'PJD1', 'Name': 'Paul J. Donato', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD1', 'ResponseDate': '2023-01-19T16:49:24.8233333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-26T15:34:23.9933333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-03T09:36:25.34'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T13:08:02.4633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:41:48.09'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-28T13:29:23.12'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-29T16:38:13.1066667'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1458) of Rebecca L. Rausch, Paul J. Donato, Michael J. Barrett, Carmine Lawrence Gentile and other members of the General Court for legislation to promote community immunity. Public Health.
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SECTION 1. Chapter 76 of the General Laws is hereby amended by striking out section 15, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 15. All schools shall comply with the requirements established in chapter 111P.
SECTION 2. Said chapter 76, as so appearing, is hereby further amended by striking out section 15C and inserting in place thereof the following section:-
Section 15C. All institutions of higher learning shall comply with the requirements established in chapter 111P.
SECTION 3. Section 15D of said chapter 76, as so appearing, is hereby repealed.
SECTION 4. Section 24N of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in line 32, by inserting after the word “24M” the following words:- , and to administer chapter 111P.
SECTION 5. The General Laws are hereby amended by inserting after chapter 111O the following chapter:-
CHAPTER 111P.
COMMUNITY IMMUNITY.
Section 1. This chapter shall be known and may be cited as the Community Immunity Act.
Section 2. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Covered program”, (a) a child care center, an early education and care program, a family child care home, a large family child care home, a public preschool program, or a school-aged child care program, as defined in section 1A of chapter 15D; (b) a school, whether public, private or charter, that provides education to students in any combination of grade levels from kindergarten to grade 12, inclusive, and including, but not limited to, any school activity open to children who are otherwise instructed in accordance with section 1 of chapter 76; (c) a recreational camp; or (d) an institution of higher education, whether public or private.
“Department”, the department of public health.
“Exemption”, written acknowledgement from the department that a participant is excused from the schedule.
“Herd immunity”, population-wide resistance to the spread of an infectious disease within that population, resulting from a sufficient percentage of people receiving one or more immunizations against the disease.
“Immunization”, an inoculation administered for the purpose of making a person resistant to an infectious disease.
“Participant”, a person who engages in 1 or more activities of a covered program through enrollment or other registration process.
“Provider”, a health care provider licensed by an agency, board or division of the commonwealth who, acting within their scope of practice, may lawfully administer an immunization.
“Responsible adult”, a parent or legal guardian of a participant, a participant who is an emancipated minor, or a participant who has achieved the age of majority.
“Schedule”, the immunization administration schedule established by the department and consistent with generally accepted medical practice.
Section 3. To enroll in a covered program, a participant’s records shall include: (a) documentation of immunizations in accordance with the schedule; (b) an exemption acknowledgement letter issued by the department, consistent with this chapter; (c) evidence that the participant is in the process of obtaining immunizations with the objective of compliance with the schedule; (d) for public schools only, evidence that the participant moved into the commonwealth not more than 90 days before the date of enrollment and the responsible adult is making a good faith effort to obtain the necessary immunization documentation or exemption acknowledgement; or (e) evidence that more than 30 days have elapsed since a declaration of exemption form was submitted to the department. A private covered program may implement immunization requirements more stringent than those set forth in this chapter; provided, that the program creates and maintains a written immunization policy, which shall be made available to all responsible adults; and provided further, that no private covered program shall refuse to accept medical exemptions.
Section 4. There shall be two types of immunization exemptions: (a) medical, for a participant whose medical conditions or circumstances preclude the administration of an immunization, as determined in the best medical judgment of a provider; and (b) religious, for a participant who holds, or whose family holds, sincere religious beliefs conflicting with immunizations.
Section 5. The department shall prepare and maintain separate standardized declaration of exemption forms for medical and religious exemptions to required vaccinations. The department shall make the forms available to covered programs and the public online and, as necessary, in hard copy. Covered programs shall provide a declaration of exemption form to a responsible adult or a participant only upon request.
Section 6. The declaration of medical exemption form shall include, without limitation: (i) a checklist of generally accepted contraindications to immunizations that shall be completed by a provider; (ii) a statement that the provider has an established provider-patient relationship with the participant; (iii) a request for the signature of the provider; (iv) a request for a unique government-issued professional identification number assigned to the provider; (v) a request for the signature of the responsible adult; and (vi) requests for dates for all signatures.
Section 7. The declaration of religious exemption form shall include, without limitation: (i) a statement that the participant or responsible adult has a sincere religious belief conflicting with immunizations; (ii) a certification that the responsible adult has provided a complete and accurate copy of the religious exemption declaration to the participant’s primary health care provider, including the provider’s name and contact information; (iii) an acknowledgement of receipt from a provider on the participant’s primary health care team; and (iv) a request for the dated signature of the responsible adult. The form shall include a statement from the department that refusing to immunize is against public health policy and may result in serious illness or death of the participant or others. The department may provide alternative requirements to clauses (ii) and (iii) of this section if a participant does not have a primary health care provider. The form shall not require disclosure of a participant’s particular religious beliefs.
Section 8. A responsible adult shall submit a completed declaration of exemption form to the department for review. The department shall determine the method of submission, whether electronic, hard copy, or both.
Section 9. The department shall review each declaration of exemption form submitted in accordance with this chapter. The department shall acknowledge each validly executed and accurately completed form with a letter indicating that the participant is exempt from required vaccinations and including the expiration date of the exemption. If the declaration of exemption form is improperly completed, the department shall advise the responsible adult of the remedial action necessary for resubmission.
Section 10. Whenever practicable, the department shall review and issue a response in accordance with section 9 of this chapter not more than 30 days after receipt of the declaration of exemption form. An exemption acknowledged by the department shall be valid for a period of not more than 1 year from the final signature date on the declaration. The department may, in its sole discretion, require covered programs to exclude exempted participants during a public health emergency.
Section 11. All covered programs shall annually report total numbers of participants who have been immunized and participants who are exempt from immunization requirements, delineated by exemption type, as applicable, to the department, in a method determined by the department, and shall distribute the data from the report to all responsible adults electronically or in hard copy. Distribution shall not be required if it would result in disclosure of personal information as defined in section 1 of chapter 93H or otherwise violate applicable privacy laws.
Section 12. The department shall annually publish immunizations and exemptions data, delineated by exemption type, as applicable, for each covered program and school district on its website and may publish such data in hard copy. The department may also publish data by municipality, county, or other geographic designation, or by other criteria in its discretion. Publication shall not be required whenever doing so would result in disclosure of personal information as defined in section 1 of chapter 93H or otherwise violate applicable privacy laws. The department shall directly disseminate electronic copies of any published data to the school physician or nurse assigned to any public covered program pursuant to section 53 of chapter 71.
Section 13. Any covered program that has not achieved herd immunity shall be designated as an elevated risk program. Any covered program that fails to report immunization and exemption rates consistent with this chapter shall be designated an elevated risk program. Elevated risk program designations shall remain in place until the department, in its sole discretion, determines that the covered program has sufficiently improved immunity rates in the covered program population. The department shall maintain a public, online list of elevated risk programs.
Section 14. The department shall create a notice to responsible adults about an elevated risk designation. An elevated risk program shall issue the notice to all responsible adults for participants or those seeking enrollment in the program during the period in which the designation is in place not more than 10 days after receiving an elevated risk program designation. The department may require elevated risk programs to organize and invite all responsible adults to a presentation by the department about immunization safety, immunization efficacy and herd immunity. Whenever practicable, the presentation shall be conducted within 45 days after the designation is received.
Section 15. The department shall develop and make available online an informational pamphlet about immunization safety and immunization efficacy. The department shall distribute the informational pamphlet, either electronically or in hard copy, to every responsible adult who submits a declaration of exemption form pursuant to this chapter. All elevated risk programs shall distribute the informational pamphlet, either electronically or in hard copy, to all responsible adults for participants or those seeking enrollment in the program during the period in which the designation is in place.
Section 16. The department shall promulgate regulations to implement this chapter, except that the department of early education and care, department of elementary and secondary education, and department of higher education shall promulgate regulations to implement application of this chapter to covered programs falling within each department’s jurisdiction.
Section 17. In conjunction with and as facilitated by the departments listed in section 16 of this chapter, as well as partnerships with trusted community-based organizations and local public health departments, health care providers, or clergy, the department shall conduct outreach to support the delivery of medically accurate information about immunizations, including but not limited to the availability of programs funded through the Vaccine Purchase Trust Fund established in section 24N of chapter 111. Such outreach shall focus on, but not be limited to, immunization gap populations in under-vaccinated communities.
Section 18. The department shall collect and report data on immunizations against any infectious disease which has given rise to a declared public health state of emergency in the commonwealth. Daily immunization data reports, which the department shall publish on its website, shall include the number of individuals receiving the immunization, delineated by age and geographic location, including municipal, county, and statewide counts. The department shall collect infectious disease immunization data by key socioeconomic and demographic indicators, including race, gender, ethnicity, disability, sexual orientation and gender identity, primary language, occupation, household income, residence in elder care facilities and other congregate care settings, and housing status, and report such data on its website not less than weekly, except where publication would result in disclosure of personal information as defined in section 1 of chapter 93H or would otherwise violate applicable privacy laws.
SECTION 6. Section 12F of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 14 and 15, the words “have come in contact with” and inserting in place thereof the following words:- be at risk of contracting.
SECTION 7. Said section 12F of said chapter 112, as so appearing, is hereby further amended by inserting after the word “diagnosis”, in line 18, the following word:- , prevention.
SECTION 8. Chapter 5 of the Acts of 1995 is hereby amended by striking out section 122.
SECTION 9. Sections 1 through 5, inclusive, of this act shall take effect on July 1, 2025. Remaining sections of this act shall take effect upon its passage.
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An Act modernizing birth certificates
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S1459
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SD1801
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T23:02:53.117'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T23:02:53.1166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1459/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1459) of Rebecca L. Rausch for legislation to modernize birth certificates. Public Health.
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Section 1 of chapter 46 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first sentence of the second paragraph and inserting in place thereof the following sentence:- In the record of births, date of birth, place of birth, name and sex of the child; names, places of birth, and dates of birth of the parent or parents; and residence and birth surname of the person who gave birth to the child.
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An Act to mandate domestic violence and sexual assault awareness education for aestheticians, barbers, cosmetologists, electrologists, hairdressers, manicurists, and massage therapists
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S146
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SD336
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T14:42:14.597'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T14:42:14.5966667'}, {'Id': None, 'Name': 'Marian T. Ryan, Middlesex District Attorney', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-13T14:42:14.61'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S146/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 146) of Cynthia Stone Creem and Marian T. Ryan, Middlesex District Attorney for legislation to mandate domestic violence and sexual assault awareness education for aestheticians, barbers, cosmetologists, electrologists, hairdressers, manicurists, and massage therapists. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 112 is hereby amended by inserting at the end of the first paragraph of Section 87BB the following:
No license will be issued to or renewed for any school unless it offers training of at least one hour in domestic violence and sexual assault awareness and requires its students to either attend a training in person or review a training online.
SECTION 2. Chapter 112 is hereby amended by adding Section 87CC ½:
To obtain a license issued by the Board as an Aesthetician, Barber, Cosmetologist, Electrologist, Hairdresser or Manicurist, or as an Instructor, Assistant Instructor, or Junior Assistant Instructor thereof as applicable, and for any license renewal, the applicant is required to complete, either in person or online, one hour of a free standardized domestic violence and sexual assault awareness training approved by the Board of Cosmetology.
A licensed Aesthetician, Barber, Cosmetologist, Electrologist, Hairdresser or Manicurist, or Instructor, Assistant Instructor, or Junior Assistant Instructor thereof who completes the domestic violence and sexual assault awareness education, or his or her employer, shall not be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of employment concerning potential domestic violence or sexual assault.
SECTION 3. Chapter 112 is hereby amended by inserting at the end of the second paragraph of Section 87JJ the following:
No license will be issued to or renewed for any post-secondary institution unless it offers training of at least one hour in domestic violence and sexual assault awareness and requires its students to either attend a training in person or review a training online.
SECTION 4. Chapter 112 is hereby amended by adding the following subsection to Section 229:
(d) To obtain a license issued by the Board as a Massage Therapist or Massage Practitioner, and for any license renewal, the applicant is required to complete, either in person or online, one hour of a free standardized domestic violence and sexual assault awareness training approved by the board of cosmetology.
A licensed Massage Therapist or Massage Practitioner who completes the domestic violence and sexual assault awareness education, or his or her employer, shall not be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of employment concerning potential domestic violence or sexual assault.
SECTION 5. Chapter 112, Section 233, is hereby amended by inserting after the sentence: “No school or entity may teach massage therapy unless licensed by the Board.” and prior to the sentence: “No person may instruct in a massage school unless he is licensed by the board.” the following:
No license will be issued to or renewed for any school teaching massage therapy unless it offers training of at least one hour in domestic violence and sexual assault awareness and requires its students to either attend a training in person or review a training online.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act relative to determinations of need
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S1460
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SD2324
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T15:46:32.427'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T15:46:32.4266667'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1460) of Rebecca L. Rausch for legislation relative to health care providers material changes and financial impact. Public Health.
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SECTION 1. Section 13 of chapter 6D, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) Every provider or provider organization shall, not less than 60 days before making any material change to its operations or governance structure, submit notice to the commission, the center and the attorney general of such proposed change. Material changes shall include, but not be limited to: (i) a substantial change in capacity at a new or existing site; (ii) a corporate merger, acquisition or affiliation of a provider or provider organization and a carrier; (iii) mergers or acquisitions of hospitals or hospital systems; (iv) acquisition of insolvent provider organizations; and (v) mergers or acquisitions of provider organizations which will result in a provider organization having a near-majority of market share in a given service or region.
Within 30 days of receipt of a notice filed under this section, the commission shall conduct a preliminary review to determine whether the material change is likely to result in a significant impact on the commonwealth’s ability to meet the health care cost growth benchmark, established pursuant to section 9 of this chapter, or on the competitive market. If the commission finds that the material change is likely to have a significant impact on the commonwealth’s ability to meet the health care cost growth benchmark, or on the competitive market, the commission may conduct a cost and market impact review under this section.
SECTION 2. Said section 13 of said chapter 6D, as so appearing, is hereby further amended by striking out subsection (e) and inserting in place thereof the following subsection:-
(e) The commission shall make factual findings and issue a preliminary report on the cost and market impact review. In the report, the commission shall identify any provider or provider organization that meets all of the following criteria: (i) the provider or provider organization has, or likely will have as a result of the material change, a dominant market share for the services it provides; (ii) the provider or provider organization charges, or likely will charge as a result of the material change, prices for services that are materially higher than the median prices charged by all other providers for the same services in the same market; and (iii) the provider or provider organization has, or likely will have as a result of the material change, a health status adjusted total medical expense that is materially higher than the median total medical expense for all other providers for the same service in the same market.
SECTION 3. Subsection (f) of section 13 of said chapter 6D is hereby amended by adding, after the third sentence, the following sentence:-
The commission shall provide a copy of said final report to the department of public health, which shall be included in the written record and considered by the department of public health during its review of any applicable application for determination of need and which shall be considered in connection with licensure or other regulatory actions involving the provider or provider organization.
SECTION 4. Section 25C of chapter 111 is hereby amended by striking out subsection (f) and inserting in place thereof the following subsection:-
(f) Except as provided in section 25C1/2, a person or agency of the commonwealth or any political subdivision thereof shall not acquire an existing health care facility unless the person or agency files a determination of need application pursuant to this section.
SECTION 5. Section 25C of chapter 111 is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) The department, in making any determination of need, shall assess both the applicant and the proposed project, shall be guided by the state health plan, shall encourage appropriate allocation of private and public health care resources and the development of alternative or substitute methods of delivering health care services so that adequate health care services will be made reasonably available to every person within the commonwealth at the lowest reasonable aggregate cost, shall be guided by the commonwealth’s cost containment goals, shall assess impacts both on the applicant’s patients and on other residents of the commonwealth, shall take into account any comments and relevant data from the center for health information and analysis, the health policy commission including but not limited to a cost and market impact review report by the health policy commission pursuant to subsection (f) of section 13 of chapter 6D, and any other state agency or entity, and may impose reasonable terms and conditions as the department determines are necessary to achieve the purposes and intent of this section. The department may also recognize the special needs and circumstances of projects that: (1) are essential to the conduct of research in basic biomedical or health care delivery areas or to the training of health care personnel; (2) are unlikely to result in any increase in the clinical bed capacity or outpatient load capacity of the facility; and (3) are unlikely to cause an increase in the total patient care charges of the facility to the public for health care services, supplies, and accommodations, as such charges shall be defined from time to time in accordance with section 5 of chapter 409 of the acts of 1976.
SECTION 6. Section 25C of chapter 111 is hereby further amended by striking out subsection (h) and inserting in place thereof the following subsection:-
(h) Applications for such determination shall be filed with the department, together with other forms and information as shall be prescribed by, or acceptable to, the department. A duplicate copy of any application together with supporting documentation for such application, shall be a public record and kept on file in the department. The department may require a public hearing on any application at its discretion or at the request of the attorney general. The attorney general may intervene in any hearing under this section. A reasonable fee, established by the department, shall be paid upon the filing of such application; provided, however, that in no event shall such fee exceed 0.2 per cent of the capital expenditures, if any, proposed by the applicant. The department may also require an independent cost-analysis be conducted, at the expense of the applicant, by an entity solely selected by the department, including but not limited to another state agency, to demonstrate that the application is consistent with the commonwealth's efforts to meet the health care cost-containment goals established by the commission. Such entity may request, and the applicant may not unreasonably withhold, confidential data and documents necessary to conduct an independent cost-analysis pursuant to such section; provided, that any confidential data and documents so requested shall be provided to the entity conducting the independent cost-analysis, the department, the health policy commission, and the attorney general, but shall not be disclosed to any person without the consent of the applicant, except in summary form, or when the department, health policy commission or attorney general determines that such disclosure should be made in the public interest after taking into account any privacy, trade secret or anticompetitive considerations; and provided further, that any confidential data and documents so provided shall not be public records and shall be exempt from disclosure under clause Twenty sixth of section 7 of chapter 4 or section 10 of chapter 66.
SECTION 7. Section 25C of chapter 111 is hereby further amended by striking out subsection (j) and inserting in place thereof the following subsection:-
(j) The department shall so approve or disapprove in whole or in part each such application for a determination of need within 4 months after filing with the department; provided, however, that the department may, on 1 occasion only, delay the action for up to 2 months after the applicant has provided information which the department reasonably has requested during the 8 month period; provided further, that period for review of an application for which an independent cost-analysis is required shall be stayed until a complete and final independent cost-analysis is received and accepted by the department and the center for health information and analysis, the health policy commission, the attorney general and any other state agency or entity is provided a reasonable opportunity for comment. Notwithstanding the provisions of this section, any determination of need issued to a holder that is subject to a cost and market impact review under section 13 of chapter 6D shall not go into effect until a minimum of 30 days after the issuance of a final report under subsection (f) of section 13 of chapter 6D; provided further, that any determination of need issued to a holder that is subject to a performance improvement plan pursuant to section 10 of said chapter 6D shall not go into effect until 30 days after a determination by the health policy commission that the holder is implementing or has implemented said performance improvement plan in good faith; provided, however, that the health policy commission may rescind its determination that the holder is implementing a performance improvement plan in good faith at any time prior to successful completion of the performance improvement plan. Applications remanded to the department by the health facilities appeals board under section 25E shall be acted upon by the department within the same time limits provided in this section for the department to approve or disapprove applications for a determination of need. If an application has not been acted upon by the department within such time limits, the applicant may, within a reasonable period of time, bring an action in the nature of mandamus in the superior court to require the department to act upon the application.
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An Act relative to liability protection for disaster volunteers
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S1461
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SD552
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:18:33.403'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:18:33.4033333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-27T15:18:16.68'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T15:21:08.3566667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:17:50.28'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T12:49:03.03'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-29T14:38:40.6566667'}]
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1461) of Michael F. Rush, Paul R. Feeney, Paul McMurtry, Michael O. Moore and others for legislation relative to liability protection for disaster volunteers. Public Health.
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SECTION 1. Chapter 112 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following sections:-
Section 12C ½. Whereas licensed registered nurses are critical, necessary volunteers in disasters and emergencies occurring in the commonwealth, in order to provide for community need, as volunteers they require protection from the commonwealth for licensure board discipline; for civil and/or criminal liability and/or prosecution for injury or harm caused to a patient cared for while serving as a volunteer; and for protection from injury or harm he/she personally suffers during the course or as a result of his/her volunteer service.;
(a) As used in this section, the following words, shall, unless the context clearly requires otherwise, have the following meanings:-
“Disaster”, an emergency detrimental to the public health declared by the governor of the commonwealth of Massachusetts under section 2A of Chapter 17; a state of emergency declared by the governor under chapter 639 of the Acts of 1950 (“Civil Defense Act”); and/or a public health incident where local public health authorities have issued a request for volunteers because local resources have been or are expected to be exhausted or are insufficient.
“Patient'', an individual who receives health services from a licensed registered nurse during a declared disaster or emergency.
“Volunteer”, a licensed registered nurse in good standing who volunteers his/her services in a disaster or emergency without compensation or expectation of payment.
(b) A registered nurse licensed in the commonwealth of Massachusetts with no encumbrance on his/her license who provides oversight or direct care to patients who are victims of a disaster or emergency declared by the governor of the commonwealth of Massachusetts or local public health authorities is not subject to licensure board discipline under sections 74 to 81C of chapter 112 of the general laws, or to civil or criminal liability or prosecution for any injury or harm that results from any act or omission that does not amount to criminal negligence:
(c) A volunteer as defined in subsection (a) who sustains injury, disability or who dies while serving as a volunteer shall be construed to be an employee of the commonwealth and shall be compensated in like manner as state employees are compensated under the provisions of sections 69 through 75 of chapter 152 of the general laws.
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An Act relative to requiring trauma kits in public buildings
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S1462
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SD553
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:35:09.943'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:35:09.9433333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:17:35.2766667'}]
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1462) of Michael F. Rush and Paul McMurtry for legislation relative to requiring trauma kits in public buildings. Public Health.
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SECTION 1. This act shall be known and may be cited as “The Massachusetts Trauma Response Preparedness Act”.
SECTION 2. Chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting the following new section:-
"Section 237. (a) For the purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:
“Public Building”, (1) Any state or local government building that is used for a public purpose, including but not limited to, public schools, town or city halls, libraries, transportation facilities, and senior centers; or (2) any building that is regularly used by the general public - or funded by public sources - with a listed maximum occupancy of at least 300 persons, including but not limited to private and parochial schools, places of worship, meeting halls, recreational facilities, entertainment venues, and sporting venues
“Trauma Kit”, a kit designed to contain materials to help a general bystander provide first aid to another citizen suffering from a serious, life threatening bleed. At minimum kits must include an adequate tourniquet, gauze, gloves, and a proper training booklet as defined by the American College of Surgeons or an equivalent organization
“Trauma Kit Designee”, a person trained and certified by a representative of the American College of Surgeons or an equivalent organization in the area of bleeding control
(b) All public buildings as defined by subsection (a) as well as any buildings required to house an AED pursuant to section 78A of chapter 93 and section 54C of chapter 71 shall be required to have clearly visible, centrally located, and easily accessible trauma kits as defined by subsection (a) ready for use at all times. The number of trauma kits required per building shall be determined by a formula, which shall take into account the maximum capacity of said building, to be promulgated by the Secretary of Health and Human Services. Said formula shall be informed by the research of the American College of Surgeons.
(c) Any building falling under the purview of subsection (b) shall be required to have on staff an appropriately qualified trauma kit designee as defined by subsection (a) at all times
(d) For the purposes of organizational efficiency, buildings falling under the purview of subsections (b) and (c) as well as section 78A of chapter 93 or section 54C of chapter 71 may share the same storage space for the AED device and the trauma kit as well as designate the same person both an AED provider and Trauma Kit Designee
(e) Any person who, in good faith, attempts to render emergency care including, but not limited to, bleeding control, and does so without compensation, shall not be liable for acts or omissions, other than gross negligence or willful or wanton misconduct, resulting from the attempt to render such emergency care."
SECTION 3. Section 8A of Chapter 69 of the General Laws is hereby amended by inserting at the end thereof the following:-
“(8) The availability and location of trauma kits and those personnel designated as trauma kit designee”
SECTION 4. Section 5 of chapter 44B of the General Laws is hereby amended by inserting at the end thereof the following:-
“A city or town may appropriate money in any year from the Community Preservation Fund for the procurement of trauma kits and a trauma kit designee in a town or city owned building or a public school facility pursuant to section 237 of chapter 111."
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An Act relative to public safety and public health worker protections
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S1463
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SD554
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:37:18.82'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:37:18.82'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:47:39.74'}]
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1463) of Michael F. Rush and Paul McMurtry for legislation relative to public safety and public health worker protections. Public Health.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking section 111C in its entirety and inserting in place thereof the following section:-
Section 111C. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
“First responder,” a police officer, fire fighter, emergency medical technician, corrections officer, ambulance operator or attendant, or other comparable public safety position.
“Infectious diseases dangerous to the public health,” shall be defined by department regulations, which shall be promulgated pursuant to this section.
“Patient,” a person or deceased person being transported to a health care facility by a first responder.
“Unprotected exposure capable of transmitting an infectious disease dangerous to the public health,” shall be defined in regulations promulgated by the department and shall include, but not be limited to, instances of direct mouth-to-mouth resuscitation, or the co-mingling of the blood of the patient and the person who has transported the patient to the health care facility.
(b) Any first responder who, while acting in the first responder’s professional capacity, attends, assists, or transports a patient to a health care facility licensed under section 51, and who sustains an unprotected exposure capable of transmitting an infectious disease dangerous to the public health, shall immediately, upon arrival at such facility, provide to the admitting agent or other appropriate employee of the said facility a standardized trip form. The department shall prepare and distribute said standardized trip form, which shall include, but not be limited to the names and contact information of persons who believe they have had such unprotected exposure, and the manner in which such exposure occurred.
(c) Any health care facility licensed under section 51 which receives a trip form pursuant to subsection (b) shall, with consent of the patient, or any person duly authorized to confer consent, immediately test the patient to whom the trip form relates for infectious diseases dangerous to the public health. If the health care facility diagnoses the patient as having an infectious disease dangerous to the public health, they shall notify, orally within 48 hours after making such a diagnosis and in writing within 72 hours of such diagnosis, any individual listed on the trip report who has sustained an unprotected exposure which, in the opinion of the health care facility, is capable of transmitting such disease. Such response shall include, but not be limited to, the appropriate medical precautions and treatments which should be taken by the party who has sustained the unprotected exposure; provided, however, that the identity of the patient suspected of having such disease shall not be released in such response, and shall be kept confidential as required under section 70. The department shall determine the method by which the response to the trip report is conveyed, and shall assure the patient or, if deceased, the patient’s legal representative, or if deceased with no legal representative, next of kin to the patient, is informed of those individuals who have been notified of the patient’s disease pursuant to this section, and that the response is directed only to those parties who have sustained an unprotected exposure to an infectious disease.
(d) (1) If a patient refuses to provide a blood or bodily fluid specimen for the purposes of testing for the presence of an infectious disease dangerous to the public health, the facility shall immediately notify the exposed first responder. Such notice shall not include the patient’s name or any personally identifiable information, but shall include a patient number by which the facility can identify the patient. The first responder or the department may petition the district court having jurisdiction of the patient’s residence or the facility to which the patient was transported, for an order requiring that the patient provide a blood or bodily fluid specimen by filing a complaint with that court.
(2) The district court shall order a blood test or submission of a bodily fluid specimen upon a finding that the first responder or the department has demonstrated a need for such test by a preponderance of the evidence.
(e) If a patient is not admitted to a medical facility, a first responder or the department may arrange for the voluntary testing of the patient as soon as possible, or petition the appropriate district court for an order requiring order a blood test or submission of a bodily fluid specimen as described in subsection (d).
(f) Notwithstanding the provisions of any general law or special law to the contrary, no hospital or agent thereof, employee, administrator, doctor, official or other representative of said reporting institution shall be held jointly or severally liable either as an institution, or personally, for reporting or testing pursuant to the requirements of this section, if such reporting and testing were conducted in good faith. All such parties, provided they have operated in good faith, shall otherwise be afforded total immunity from civil or criminal liability as a result of fulfilling the provisions of this section or the regulations promulgated in accordance with this section.
(g) The department of public health may issue rules and regulations to effectuate the provisions of this section.
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An Act regulating central service technicians
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S1464
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SD732
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:21:39.883'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:21:39.8833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1464/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1464) of Michael F. Rush for legislation to regulate central service technicians. Public Health.
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SECTION 1. Chapter 111 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 234 the following section:-
Section 235.
(a) For purposes of this section, the following terms shall have the following meanings:
“Allied health professional,” shall mean a person who holds and maintains a registration, certification, or license to perform health care services by a state or a nationally accredited credentialing organization.
“Central Service Technician,” any person, who decontaminates, inspects, assembles, packages, and sterilizes reusable medical instruments or devices being used by a health care facility.
“Health care practitioner,” any person licensed or registered under chapter 111 or 112, including any intern, resident, fellow or medical officer who conducts or assists with the performance of surgery.
“Health care facility,” shall mean any “hospital" as defined in section 52 of chapter 111 or any “rural hospital" as defined in section 52 of chapter 111 or surgical services that are provided by a free-standing ambulatory surgery center, whether inpatient or outpatient, conducted for charity or for profit and whether or not subject to section 25C. “Health care facility" shall not include dental or private office of a health care practitioner.
(b) A health care facility shall not employ or otherwise retain the services of a central service technician unless such person:
(1) Has successfully passed a nationally accredited central service exam for central service technicians, and holds and maintains one of the following credentials administered by a nationally accredited central service technician credentialing organization: the certified registered central service technician credential, the certified sterile processing and distribution technician credential or a substantially equivalent credential; or
(2) Provides evidence that the person was employed or retained the services of a central service technician by a health care facility on or before December 31, 2024.
(c) A central service technician who does not meet the requirements of paragraph (b)(2) of this section shall have 18 months from the date of hire to obtain the certified registered central service technician credential or the certified sterile processing and distribution technician.
(d) A person who qualifies to function as a central service technician in a health care facility under paragraphs (b)(1) and (2) of this section must annually complete 10 hours of continuing education credits to remain qualified to function as a central service technician. The continuing education required under this subsection shall be in the area related to the functions of a central service technician.
(e) Nothing in this section shall prohibit the following persons from performing the tasks or functions of a central service technicians:
(1) A health care practitioner;
(2) An allied health professional;
(3) A student or intern performing the functions of a central service technician under the direct supervision of a health care practitioner as part of the student’s or intern’s training or internship.
(f) A health care facility shall, upon the written request of a central service technician, verify, in writing, the central service technician's dates of employment or the contract period during which the central service technician provided services to the health care facility.
SECTION 2. The commissioner of the department of public health may adopt regulations necessary to carry out this act. Such regulations shall be adopted not later than 90 days after the effective date of this act.
SECTION 3. Section 1 shall take effect 180 days after the effective date of this act
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An Act protecting children from harmful diet pills and muscle-building supplements
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S1465
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SD903
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-18T16:19:51.243'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-18T16:19:51.2433333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:09:02.86'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T10:57:18.9633333'}]
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1465) of Michael F. Rush and Paul McMurtry for legislation to protect children from harmful diet pills and muscle-building supplements. Public Health.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the following section:-
Section 243. Sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building
(a) Definitions: For purposes of this section the following terms shall have the following meanings:
(1) “Dietary supplement for weight loss or muscle building” means a dietary supplement as defined in 21 U.S.C. 321(ff) that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or building muscle.
(2) “Over-the-counter diet pill” means a drug as defined in 21 U.S.C. 321(g)(1) labeled marketed, or otherwise represented for the purpose of achieving weight loss for which a prescription is not required under the federal Food, Drug and Cosmetic Act.
(3) “Retail establishment” means any vendor that, in the regular course of business, sells dietary supplements for weight loss or muscle building or over-the-counter diet pills at retail directly to the public, including, but not limited to, pharmacies, grocery stores, other retail stores, and vendors that accept orders placed by mail, telephone, electronic mail, internet website, online catalog, or software application.
(4) “Delivery sale ” means any sale of over-the-counter diet pills or dietary supplements for weight loss or muscle building to a consumer if—
(i) The consumer submits the order for the sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or
(ii) The over-the-counter diet pills or dietary supplements for weight loss or muscle building are delivered to the buyer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the over-the-counter diet pills or dietary supplements for weight loss or muscle building.
(5) “Delivery Seller ” means a person, including online retailers, who makes delivery sales of over-the-counter diet pills or dietary supplements for weight loss or muscle building.
(b) Prohibitions: No person shall sell or offer to sell or give away, as either a retail or whole-sale promotion, an over-the-counter diet pill or dietary supplement for weight loss or muscle building to any person under eighteen years of age.
(c) Responsibilities of retail establishments:
(1) Any retail establishment that sells over-the-counter diet pills or dietary supplements for weight loss or muscle building shall limit access to such products in a manner designed to prevent unauthorized access to such products. Such products shall not be directly accessible by customers, and may be accessed only by employees of the establishment at such location such as behind retail counter or in a locked case.
(2) For purposes of paragraph (1), and subject to paragraph (d), a retail establishment shall request valid identification from any person who attempts to purchase a dietary supplement for weight loss or over-the-counter diet pill if the retail establishment cannot reasonably determine that the person appears to be under 18 years of age.
(d) Responsibilities of delivery sellers :
(1) Notwithstanding paragraph (c)(2), a delivery seller, including online retailers, who mails or ships over-the-counter diet pills or dietary supplements for weight loss or muscle building to consumers:
(i) Shall not sell, deliver, or cause to be delivered any over-the-counter diet pills or dietary supplements for weight loss or muscle building to a person under eighteen years of age.
(ii) Shall use a method of mailing or shipping that requires—
(A) The purchaser placing the delivery sale order, or an adult who is at least 18 years of age to sign to accept delivery of the shipping container at the delivery address; and
(B) The person who signs to accept delivery of the shipping container to provide proof, in the form of a valid, government-issued identification bearing a photograph of the individual, that the person is at least eighteen years of age and
(iii) Shall not accept a delivery sale order from a person without—
(A) Obtaining the full name, birth date, and residential address of that person; and
(B) Verifying the information provided in subclause (A), through the use of a commercially available database or aggregate of databases, consisting primarily of data from government sources, that are regularly used by government and businesses for the purpose of age and identity verification and authentication, to ensure that the purchaser is at least eighteen years of age.
(2) Limitation: No database being used for age and identity verification under subparagraph (d)(iii) shall be in the possession or under the control of the delivery seller, or be subject to any changes or supplementation by the delivery seller.
(e) Remedies:
(1) Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the Commonwealth of Massachusetts, to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby.
(2) Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than one thousand dollars ($1,000).
(f) When determining whether supplement is “labeled marketed, or otherwise represented for the purpose of achieving weight loss or muscle building” the Attorney General shall consider, but is not limited to, the following factors:
(1) Whether the product contains:
(i) An ingredient approved by the federal Food and Drug Administration for weight loss or muscle building;
(ii) A steroid; or
(iii) Creatine, green tea extract, raspberry ketone, garcinia cambogia, green coffee bean extract; or
(2) Whether the product’s labeling or marketing bears statements or images that express or imply that the product will help:
(i) Modify, maintain, or reduce body weight, fat, appetite, overall metabolism, or the process by which nutrients are metabolized, and
(ii) Maintain or increase muscle or strength; and
(3) Whether the product or its ingredients are otherwise represented for the purpose of achieving weight loss or building muscle.
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An Act to protect essential health services
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S1466
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SD61
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T13:12:51.023'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T13:12:51.0233333'}]
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1466) of Bruce E. Tarr for legislation to protect essential health services. Public Health.
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SECTION 1. Section 51G of Chapter 111 of the General Laws is hereby amended in Subsection (4) by inserting, after the first sentence, the following:-
Any such notification shall include, but not be limited to, the following:
1. The reasons for which the closing or discontinuance is being proposed.
2. An analysis of the economic feasibility of retaining the essential health service or hospital and the economic impacts of the proposed closing or discontinuance
3. An analysis of the clinical safety of retaining the essential health service or hospital and any threats to public health and safety that would be caused by the proposed closing or discontinuance
SECTION 2. Section 51G of Chapter 111 of the General Laws is hereby amended in Subsection (4) by adding, after the word “services” in the fourth sentence the following:-
The department may, if it determines that an essential health service can be retained in a clinically safe manner without depriving the hospital of a fair net operating income, deny the proposed discontinuance and require the retention of the essential health service either in its original condition or any modification which the department deems to be satisfactory.
In the event that a hospital proposed for closure is owned or controlled by an entity which holds a license for facilities other than the hospital proposed for closure, and the department determines that the hospital can be retained in a clinically safe manner and without depriving that entity of a fair net operating income, the department may require the retention of said hospital either in its original configuration or any modification which the department deems to be satisfactory.
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An Act establishing a commission on quality patient outcomes and nurse staffing
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S1467
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SD85
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T14:37:04.997'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T14:37:04.9966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1467/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1467) of Bruce E. Tarr for legislation to establish a commission on quality patient outcomes and nurse staffing. Public Health.
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SECTION 1. Chapter 6 of the General Laws is hereby amended by adding the following section:-
Section 220.(a) There shall be a commission on nurse staffing in hospitals located within, but not subject to the control of the executive office of health and human services. The commission shall work to develop safe staffing standards for all hospital units.
(b) (1) The commission shall consist of 15 members, as follows: the secretary of health and human services or a designee, who shall serve as the chair; the attorney general or a designee; the executive director of the health policy commission or a designee; the house chair of the joint committee on public health; the senate chair of the joint committee on public health; one person appointed by the speaker of the house; one person appointed by the senate president; one person appointed by the minority leader of the house; one person appointed by the minority leader of the senate; and one representative from each of the following 8 organizations: American Nurses Association Massachusetts, Inc.; Massachusetts Emergency Nurse Association of; Massachusetts Nurses Association; Organization of Nurse Leaders; the Massachusetts Hospital Association; Service Employees United International; Massachusetts Health Council; and Health Law Advocates.
(2) Members of the commission shall serve for a term of 4 years, without compensation. Any member shall be eligible for reappointment. Vacancies shall be filled in accordance with paragraph (1) for the remainder of the unexpired term. Any member who is appointed by the governor may be removed by the governor for cause.
(c) The commission may establish advisory committees to assist its work.
(d) The commission shall: examine evidence based, tested and validated research on patient care quality outcomes relative to nurse staffing levels; examine evidence based, tested and validated research on optimal staffing levels for all units within a hospital; examine approaches undertaken by other states by statute or regulation to address the issue of patient safety relative to nurse staffing; examine any barriers to reasonable and efficient enforcement of staffing standards adopted in other jurisdictions; develop strategies for collaborative practice amongst registered nurses and other members of the health care team; hold public hearings and meetings to accept comment from the general public and to seek advice from experts; submit an annual report to the legislature as provided in subsection (e) on the state of hospital staffing in the Commonwealth.
(e) The commission shall file an annual report, on or before March 1, with the joint committee on public health on its activities and any statutory or regulatory recommendations. The commission shall monitor the implementation of its recommendations and update recommendations to reflect current science and evidence based practice.
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An Act relative to certified medication aides
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S1468
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SD127
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-11T11:24:36.273'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-11T11:24:36.2733333'}, {'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-02-05T20:21:58.33'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-27T09:43:37.4733333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-06T11:06:29.7833333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-20T09:46:48.5766667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-06T10:31:44.26'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1468/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1468) of Bruce E. Tarr, Barry R. Finegold, Mathew J. Muratore and Angelo J. Puppolo, Jr. for legislation relative to certified medication aides. Public Health.
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SECTION 1. Chapter 111, as appearing in the Massachusetts General Laws 2020 Edition, is hereby amended by inserting, after section 72BB the following new section:-
Section 72CC. (a) As used in this section the following words shall have the following meaning:- A certified medication aide means a staff member, who meets the eligibility requirements, has successfully completed the required training and competency testing developed by the Department of Public Health, and is considered competent to administer oral and topical non-narcotic medications to residents in long-term care facilities.
(b) The Department shall create a program for the administration of medications in long-term care facilities by certified medication aides in consultation with all necessary and relevant appropriate agencies, and licensing boards, including, but not limited to, the Board of Registration in Nursing.
(c) The Department shall develop and approve training curricula, competency evaluation procedures, standards for qualifications of applicants for certification and monitoring and oversight requirements for participating long-term care facilities.
(d) The Department shall establish regulations that include: (1) provisions for continuing education requirements for certified medication aides; (2) requirements for re-certification of certified medication aides on a biennial basis; and (3) fees for the issuance of certification to certified medication aides.
(e) The Department shall allow for the creation of apprenticeship programs for currently employed resident care assistants (RCAs) and certified nurse aides (CNAs) to become certified medication aides.
(f) The Department may promulgate rules and regulations to carry out the provisions of this section.
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An Act relative to environmental public health
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S1469
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SD198
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-12T10:20:45.927'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-12T10:20:45.9266667'}, {'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-02-05T20:21:35.41'}]
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1469) of Bruce E. Tarr and Barry R. Finegold for legislation relative to environmental public health. Public Health.
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Massachusetts General Laws Chapter 17 as appearing in the 2020 Edition is hereby amended by adding the following new section
Section 22: There shall be established and set up on the books of the commonwealth a fund to be known as the United Neighbor's Investing in the Truth for Youth Fund (UNITY Fund), which shall be administered by the Commissioner of the Department of Public Health. Expenditures from the fund shall not be subject to appropriation unless otherwise required by law. The fund shall provide funding for, but not supplant, funds previously designated to support public health investigations under Section 4 of Chapter 21e of the General Laws. The purpose of the fund shall be to provide initial and ongoing funding for cancer surveillance and environmental data collection and to ensure that studies initiated by the department to examine the human health impact of past and present environmental conditions are completed in as timely a manner as scientifically feasible. Funds may be provided from the UNITY Fund to support environmental public health activities including but not limited to research, environmental and biologic sample(s) design and collection modeling, surveys, public engagement and associated administrative costs. The commissioner shall administer the fund using methods, policies, procedures, standards, and criteria for the proper and efficient operation of the fund and studies supported by it in a manner designed to achieve equity, fairness, and efficiency. The secretary of administration and finance, in consultation with the secretary of health and human services, shall determine annually the expenses of administering the fund, which shall be charged to the fund. Any health surveillance and research efforts supported by the UNITY Fund shall be published electronically on the General Court website as well as the department’s website and filed with the clerks of the House and Senate. The commissioner shall report annually itemized expenditures from the fund to the clerks of the House and Senate and the Senate and House committees on ways and means.
(b) The fund shall consist of: (i) legislative appropriations; (ii) gifts or grants from private or public sources, (iii) any legislatively authorized transfers approved by the secretary of administration and finance; and (iv) state and/or federal funds received as a result of cost recovery efforts associated with health investigations related to state and nationally recognized hazardous waste for the specific purpose of the fund. Any amounts contained in the fund shall not revert to the general fund. All interest earned on the amounts in the fund shall be deposited or retained in the fund. The Comptroller shall pay, without further appropriation, any and all amounts certified by the Commissioner for payment as provided above.
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An Act providing consumers with equal protection for all real estate appraisals
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S147
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SD1183
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T10:20:56.917'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T10:20:56.9166667'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-31T10:59:56.3333333'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-14T14:20:47.29'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 147) of Cynthia Stone Creem, Josh S. Cutler and Daniel M. Donahue for legislation to provide consumers with equal protection for all real estate appraisals. Consumer Protection and Professional Licensure.
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SECTION 1. Subdivision A of Section 174 of Chapter 112 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Except to the extent permitted under subdivision B, a person who has not obtained a real estate appraisal license or certification under this chapter shall not prepare, for a fee or other consideration, an appraisal or appraisal report relating to real estate or real property in the Commonwealth.
SECTION 2. Said Section 174 of said Chapter 112, as so appearing, is hereby further amended by striking out subdivision C.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act relative to personal health information portability and accessibility
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S1470
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SD621
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T14:08:10.537'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T14:08:10.5366667'}]
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1470) of Bruce E. Tarr for legislation relative to personal health information portability and accessibility. Public Health.
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SECTION 1. Section 1 of Chapter 111 as appearing in the 2020 Official Edition is hereby amended by inserting at the end thereof the following:-
“Hospital/Clinic” shall mean any health care provider as defined in this section, including, but not limited to: Hospitals, Hospital systems, primary care physicians and internists, urgent and/or acute care facilities, medical doctors of any specialty, psychiatric and/or psychological doctors, licensed social workers or other mental health professionals and therapists, dentists, oral surgeons, orthodontists, chiropractors, physical therapists, massage therapists, speech therapists, paramedics and EMTs, or any other like or similar health care provider or office.”
“Patient,” an individual who is receiving/has received care from a health care provider as defined in this section and any legal guardian, legal representative, administrator/executor of the patient’s estate, attorney, power of attorney, health care proxy, guardian ad litem, conservator, medical advocate, or other court appointed representative.
“Authorized Third Party,” any individual, organization and/or other legal entity who are not the patient as defined above but are contracted or with the patient or authorized in writing by the patient
“Electronic Digital Media Storage Device,” any disk, flash drive, thumb drive, or other similar electronic file storage
SECTION 2. Section 70 of chapter 111 as appearing in the 2020 Official Edition is hereby amended by striking in line 8-11 the following:- “These records may be handwritten, printed, typed or in electronic digital media or converted to electronic digital media as originally created by such hospital or clinic, by the photographic or microphotographic process, or any combination thereof”, and inserting in place thereof the following:- “These records must be kept by secure, electronic digital media or converted to electronic digital media as originally created by such hospital or clinic, by the photographic or microphotographic process, or any combination thereof.”
SECTION 3. Said section 70 of chapter 111 as appearing in the 2020 Official Edition is hereby further amended by striking in lines 31-37 the following:- “which for the purposes of this section shall mean a base charge of not more than $15 for each request for a hospital or clinic medical records; a per page charge of not more than $.50 for each of the first 100 pages of a hospital or clinic medical records that is copied per request; and not more than $.25 per page for each page in excess of 100 pages of a hospital or clinic medical record that is copied per request, except that” and inserting in place thereof the following:- “As the records must be kept by secure, electronic digital media, or converted to electronic digital media as originally created, the hospital or clinic is not permitted to charge the patient as defined in section 1 of this chapter by the page for the production of these records. Rather, a “reasonable fee” shall mean a base administrative fee of not more than $15 for each request for a hospital or clinic medical records, plus the reasonable cost of the Electronic Digital Media Storage Device used to save the records and provide same to the patient, not to exceed $10 per device. In the event that the records are requested by an authorized third party, the hospital or clinic may charge a base administrative fee of not more than $50, plus the reasonable cost of the Electronic Digital Media Storage Device used to save the records and provide same to the third party, not to exceed $10 per device.”
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An Act to require the Department of Public Health to conduct a study of the health impacts of airplane flights on the resident communities that are represented on the Massachusetts Port Authority Community Advisory Committee
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S1471
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SD516
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:38:46.347'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:38:46.3466667'}]
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1471) of Walter F. Timilty for legislation to require the Department of Public Health to conduct a study of the health impacts of airplane flights on the resident communities that are represented on the Massachusetts Port Authority Community Advisory Committee. Public Health.
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The Commissioner of the Department of Public Health of the Commonwealth of Massachusetts shall commission a study of the health and noise impacts of airplane flights on affected resident communities that are represented on the Massachusetts Port Authority Community Advisory Committee.
(a). Said study would establish a deadline of 180 days which would require the Commissioner of the Department of Public Health to conduct the study to determine the health and noise impacts of airplane flights on residents of the communities represented on the Massachusetts Port Authority Community Advisory Committee exposed to conditions related to noise and air pollution levels emanating from airplane flights directed to and from Logan International Airport.
(b). The study shall include, but not be limited to:
(1) Examining the health impacts of airplane flights on residents comprising the Massachusetts Port Authority Community Advisory Committee, including asthma exacerbation, sleep disturbance, stress, and elevated blood pressure;
(2) Considering in particular the health impacts on residents comprising the Massachusetts Port Authority Community Advisory Committee living partly or wholly within the vicinity underneath the flight paths most frequently used by aircraft flying, including landing or during takeoff, at an altitude of 10,000 feet; and
(c) Not later than 60 days after the Department of Public Health receives the study previously described, the Department of Public Health shall submit said study to the senate committee on ways and means committee and the joint committee on public health.
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An Act providing safeguards for home healthcare workers
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S1472
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SD748
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-13T10:46:44.507'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-13T10:46:44.5066667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T12:11:16.5666667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-06T16:18:30.66'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-06T16:18:30.66'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-06T16:18:30.66'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-08-25T15:56:51.29'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-09-25T13:38:41.5'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1472/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1472) of Walter F. Timilty, Jack Patrick Lewis, John F. Keenan, Michael O. Moore and others for legislation to provide safeguards for home healthcare workers. Public Health.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 243: (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Home healthcare employer”, any agency or organization employing home healthcare workers.
“Home healthcare worker”, an individual who provides healthcare services in the home, including but not limited to, nurses, physical therapists, and occupational therapists.
“Workplace Violence”, conduct at the work site that is: (i) an unpermitted or harmful touching of another person; (ii) an attempt or act to use some degree of physical force on another person; or (iii) engaging in conduct that could be reasonably perceived as an intent to touch without permission, use immediate physical force or injure a particular person now or in the future, that if carried out would constitute a crime, and causes another person to reasonably believe that the person has the intent and ability to carry out such conduct.
(b) Home healthcare employers shall provide annual comprehensive workplace safety training to all home healthcare workers. Employee training shall include methods of reporting to appropriate public safety officials, bodies or agencies and processes necessary for the filing of criminal charges.
(c) each healthcare employer shall develop and implement a program to minimize the danger of workplace violence to home healthcare workers, which shall include appropriate employee training, communication plans to ensure healthcare worker safety and a system for the ongoing reporting and monitoring of incidents and situations involving violence or the risk of violence.
(d) prior to the provision of services by a home healthcare worker, a home healthcare employer shall conduct a safety assessment of any setting in which home healthcare services are to be provided. This assessment shall include, but not be limited to (i) the patient’s current psychiatric, psychological, cognitive, and emotional status, (ii) any patient history of violent behavior, (iii) any patient history of substance use disorder, (iv) the presence or anticipated presence of any other individual or individuals and any history of violent behavior associated with said individual or individuals, and (v) the presence of any weapons and how they are secured.
(e) the safety assessment shall be used to develop or modify the delivery of home healthcare services to meet both patient needs and home healthcare worker safety.
(f) home healthcare employers shall provide home healthcare workers with cellular phones or other two-way communication devices and hand-held alarms or noise devices for use during home healthcare visits.
(f) Home healthcare workers shall be permitted to refuse to provide services in any situation where the home healthcare worker has (i) where possible, requested a home healthcare employer to eliminate the danger previously and (ii) genuinely believes an imminent danger exists. Home healthcare workers shall not face a loss of compensation nor disciplinary action for refusing services if these conditions are met.
(g) Each home healthcare employer shall designate a senior manager responsible for the development and support of an in-house crisis response team for home healthcare worker victims of workplace violence. Said team shall implement an assaulted staff action program that includes, but is not limited to, group crisis interventions, individual crisis counseling, staff victims’ support groups, home healthcare worker victims’ family crisis intervention, peer help and professional referrals.
(h) Any home healthcare employer who violates any rule, regulation or requirement made by the department under authority hereof shall be punished by a fine of not more than $2,000 for each violation. The department or its representative or any aggrieved employee, any interested party or any officer of any labor union or association, whether incorporated or otherwise, may file a written complaint with the district court in the jurisdiction of which the violation occurs and shall promptly notify the attorney general in writing of such complaint. The attorney general, upon determination that there is a violation of any workplace standard relative to the protection of the occupational health and safety of employees or of any standard of requirement of licensure, may order any work site to be closed by way of the issuance of a cease and desist order enforceable in the appropriate courts of the Commonwealth.
(i) No home healthcare worker shall be penalized by a home healthcare employer in any way as a result of such worker’s filing of a complaint or otherwise providing notice to the department in regard to the occupational health and safety of such home healthcare worker or their fellow home healthcare workers exposed to workplace violence risk factors.
(j) Not less than every 180 days, each home healthcare employer shall submit a report, on a form prescribed by the commissioner of the department, of all incidents of workplace violence reported to the home healthcare employer that involved a home healthcare worker. The report shall be submitted to the department and the office of the district attorney for the county where the incident occurred . Not more than 90 days after receiving the reports, the department shall make the aggregate data statewide and by county publicly available; provided that the department categorize the aggregate data by occupation and incident type.
SECTION 2. Chapter 149 of the General Laws is hereby amended by inserting after section 52E the following section:-
(a) Section 52F. (As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Home healthcare employer” any agency or organization employing home healthcare workers.
“Home healthcare worker” an individual who provides healthcare services in the home, including but not limited to, nurses, physical therapists, and occupational therapists.
(b) A home healthcare employer shall permit home healthcare workers to take up to 7 days of leave from work in any 12 month period if: (i) the home healthcare worker is a victim of an assault or assault and battery which occurred in the line of duty and (ii) the home healthcare worker uses the leave to seek or obtain victim services or legal assistance; obtain a protective order from a court; appear in court or before a grand jury; meet with a district attorney or other law enforcement official; or to address other legal issues directly related to the assault or assault and battery.
(c) The leave taken pursuant to subsection (b) shall be paid.
(d) A home healthcare employer may require a home healthcare worker to provide documentation evidencing that the home healthcare worker is a victim of assault or assault and battery sustained in the line of duty and that the leave taken is consistent with the conditions of subsection (b). A home healthcare worker shall provide such documentation to the home healthcare employer within 5 business days after the home healthcare employer requests documentation relative to the home healthcare worker’s absence.
(e) A home healthcare worker seeking leave from work pursuant to subsection (b) shall provide advance notice of the leave to the home healthcare employer in accordance with the employer's leave policy; provided, however, that if a home healthcare worker is absent on an unauthorized basis, the home healthcare employer shall not take any negative action against the home healthcare worker if the home healthcare worker, within 30 days from the unauthorized absence or within 30 days from the last unauthorized absence in the instance of consecutive days of unauthorized absences, provides documentation that the unauthorized absence meets the criteria of subsection (b).
(f) All information related to the home healthcare worker’s leave taken pursuant to this section shall be kept confidential by the home healthcare employer and shall not be disclosed, except to the extent that disclosure is: (i) requested or consented to, in writing, by the home healthcare worker; (ii) ordered to be released by a court of competent jurisdiction; (iii) required by federal or state law; (iv) required in the course of an investigation authorized by law enforcement, including, but not limited to, an investigation by the attorney general; or (v) necessary to protect the safety of the home healthcare worker or others employed at the workplace.
(g) No home healthcare employer shall require a home healthcare worker to exhaust all annual leave, vacation leave, personal leave or sick leave available to the home healthcare worker prior to requesting or taking leave under this section.
(h) No home healthcare employer shall coerce, interfere with, restrain or deny the exercise of, or any attempt to exercise, any rights provided by this section or to make leave requested or taken hereunder contingent upon whether or not the victim maintains contact with the alleged abuser.
(i) No home healthcare employer shall discharge or in any other manner discriminate against a home healthcare worker for exercising the home healthcare worker’s rights under this section. A home healthcare worker who takes leave under this section shall not lose any employment benefit accrued prior to the date on which the leave taken under this section commenced as a result of taking said leave. Upon the home healthcare worker’s return from said leave, the home healthcare worker shall be entitled to restoration to the home healthcare worker’s original job or to an equivalent position.
(j) Each home healthcare employer shall post in a conspicuous place accessible by home healthcare workers a notice prepared or approved by the department indicating the rights and responsibilities provided by this section. The notice shall be issued in English, Spanish, Chinese, Haitian Creole, Italian, Portuguese, Vietnamese, Laotian, Khmer, Russian and any other language that is the primary language of at least 10,000 or ½ of one percent of all residents of the Commonwealth. The required workplace notice shall be in English and each language other than English which is the primary language of 5 or more home healthcare workers or self-employed individuals of that workplace, if such notice is available from the department. Each home healthcare employer shall notify each home healthcare worker not more than 30 days from the beginning date of the home healthcare worker’s employment, the rights and responsibilities provided by this section, including those related to notification requirements and confidentiality.
(k) This section shall not be construed to exempt an employer from complying with chapter 258B, section 14B of chapter 268 or any other general or special law or to limit the rights of any home healthcare worker under said chapter 258B, said section 14B of chapter 268 or any other general or special law.
SECTION 3. Section 13I of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
Any home healthcare worker who is the victim of assault or assault and battery in the line of duty shall be given the option of providing the address of the home healthcare employer or of the labor organization in which they are a member in good standing. In instances where the address of the home healthcare employer is used or labor organization to which the home healthcare worker is a member in good standing, the home healthcare employer or labor organization shall ensure that the individual receives any documents pertaining to the assault or assault and battery within 24 hours of receipt by the home healthcare employer or labor organization. The home healthcare employer or labor organization shall demonstrate that it has provided any and all documentation by obtaining a signature from the individual acknowledging receipt.
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An Act relative to licensure demographics
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S1473
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SD210
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T13:06:23.613'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T13:06:23.6133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1473/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1473) of John C. Velis for legislation relative to licensure demographics. Public Health.
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SECTION 1. Chapter 13 of the General Laws is hereby amended by inserting after section 109 the following section:-
Section 110. (a) The department of public health shall annually collect and report on demographic information of applicants for initial licensure and renewal of licensure in professions that provide mental health and substance use disorder treatment. The department shall collect data from the board of registration in social work; board of registration in the allied mental health and human services professions; and board of registration of psychologists. The report shall include, but not be limited to: (i) race; (ii) ethnicity; (iii) language (primary and secondary); (iv) gender identity; (v) county(ies) where applicant intends to practice or currently practices; (vi) school where master’s degree was conferred; (vii) years of prior experience in the field of behavioral health; (viii) states, territories, or other jurisdictions where currently or previously licensed; (ix) application decision; (x) amount of time from application submission to application decision; and (xi) if the application resulted in denial, reason(s) for denial.
(b) Not later than October 31, 2023, and annually thereafter, the department shall report aggregate findings to the joint committee on mental health, substance use and recovery and make findings publicly accessible. Published findings shall be available in searchable, sortable format to allow for the cross-tabulation of statistical variables
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An Act relative to sudden cardiac arrest awareness
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S1474
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SD827
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T14:56:24.79'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T14:56:24.79'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-01T16:45:06.5133333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-02T16:31:37.0866667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T15:26:32.4833333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-28T14:59:54.1133333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T15:54:07.53'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T15:54:07.53'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-22T11:52:55.1933333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-07-26T10:54:34.6833333'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1474) of John C. Velis, Patrick M. O'Connor, Anne M. Gobi, Bruce E. Tarr and other members of the Senate for legislation relative to sudden cardiac arrest awareness. Public Health.
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Chapter 111 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 222 the following section:-
Section 222A. For the purposes of this section, the following words shall have the following meanings, unless the context clearly indicates otherwise:
(a) The department of public health, hereinafter referred to as the department, shall develop educational materials for students participating in athletic activities, their parents and coaches about cardiac arrest. The materials shall include, but not be limited to: (1) symptoms and warning signs of heart disease, anatomical and electrical abnormalities of the heart; (2) cardiac distress; (3) sudden cardiac arrest; and (4) risks associated with the aforementioned. A student participating in or desiring to participate in an athletic activity and the student’s guardian shall, sign and return to the student’s school an acknowledgment of receipt and review of the materials developed under section 222A prior to athletic activity.
(b) The department, in conjunction with the division of prevention and wellness, shall develop an interscholastic athletic sudden cardiac arrest and death prevention program in which all public schools, commonwealth charter schools and any school subject to the Massachusetts Interscholastic Athletic Association rules shall participate. Participation shall annually require coaches, trainers and parent volunteers for any extracurricular athletic activity; physicians and nurses who are employed by a school or school district or who volunteer to assist with an extracurricular athletic activity; school athletic directors; directors responsible for a school marching band; and parents and legal guardians of students who participates in an extracurricular athletic activity. The program shall include, but not be limited to: (i) current training in recognizing the symptoms and warning signs of heart disease, anatomical and electrical abnormalities of the heart, cardiac distress, and sudden cardiac arrest; and (ii) distributing materials mentioned in subsection(a) to participants. The prevention program may be held in conjunction with the interscholastic athletic head injury safety training program required under M.G.L. Ch. 111 Section 222(a); provided further, that both required training standards are covered appropriately.
(c) The department, in conjunction with the division of prevention and wellness, shall develop waivers explaining the risks of cardiac arrest and cardiac symptoms. These waivers shall require the signature of both the student and legal guardian and documentation of pre-existing cardiac issues. Completed waivers shall be provided to the overseeing coach and athletic director. The forms required under this subsection may be in conjunction with any forms required under M.G.L. Ch 111 Section 222, provided that all requirements under both sections are met.
(d) In accordance with M.G.L., Chapter 111, Section 222(c), a student who loses consciousness while participating in, or immediately following, an athletic activity, must be removed from participation at that time by the athletic director, coach or athletic trainer.
(e) A student who, as determined by a game official, coach from the student’s team, certified athletic trainer, licensed physician or other official designated by the student’s school, exhibits signs or symptoms set forth in this section during an athletic activity, may be removed from participation by said game official, student’s coach, certified athletic trainer, licensed physician or other official designated by the student’s school, if he reasonably believes that said symptoms are cardiac-related. A student who is removed from play under this provision shall not be permitted return to participation in an athletic activity until the student is evaluated and cleared for return to participation in writing by an appropriate medical professional and guardians are notified.
(f) The superintendent of the school district shall maintain complete and accurate records of the district's compliance with the requirements of this section. A school that fails to comply with this section, as determined by the department of public health, shall be subject to penalties as determined by the department of public health.
(g) Nothing in this section shall be construed to waive liability or immunity of a school district or its officers or employees. This section shall not create any liability for a course of legal action against a school district, its officers or employees.
(h) A person who volunteers to assist with an extracurricular athletic activity shall not be liable for civil damages arising out of any act or omission relating to the requirements of this section, unless such person is willfully or wantonly negligent in his act or omission.
(i) The department shall adopt regulations to carry out this section.
Chapter 69 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following section:-
SECTION 37. Notwithstanding any general or special law to the contrary, the department, based on available appropriations, shall create a cardiopulmonary resuscitation, also known as CPR, fund to provide financial incentives for school districts that require psychomotor skill-based CPR and automated external defibrillator training prior to graduation. Psychomotor Skill-Based hands only CPR Training shall be based on national guidelines for CPR and emergency cardiovascular care, which incorporates the use of hands-on practicing. These incentives may be in the form of mini-grants or subsidies to support equipment, professional development for psychomotor skills-based CPR training for students to provide hands only CPR training and use of an automated external defibrillator. There shall be a priority for school districts that are considered high needs as defined as: (i) where at least 50% of children are eligible to receive free and reduced priced meals; (ii) the school participates in the community eligibility provision or universal free meals; or (iii) title 1 status under the federal elementary and secondary education act.
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An Act establishing the Lead Poisoning Prevention Trust Fund
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S1475
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SD1828
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T09:46:20.36'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T09:46:20.36'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1475/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1475) of John C. Velis for legislation to establish the Lead Poisoning Prevention Trust Fund. Public Health.
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Chapter 111 of the General Laws, as so appearing in the 2022 Official Edition, is amended by adding after Section 197E the following new section:-
SECTION 197F. (a) Notwithstanding any general or special law to the contrary, there shall be a Lead Poisoning Prevention Trust Fund established under the department of housing and community development. The department shall establish and administer a program that provides assistance, including grants, for the abatement of lead paint hazards in residential housing.
(b) The department shall establish eligibility standards for participation in the program, including, but not limited to: (1) residential housing units or housing projects consisting of households with incomes up to 100% of the area median income as established by the United States Department of Housing and Urban Development; and (2) housing that serves as a childcare location for children under 6 years of age. Priority of program funds shall be given to abatement projects for housing in which a child who has been determined to have lead poisoning is residing within.
(c) All lead abatement performed pursuant to the program must comply with industry standards for lead abatement, including pre-abatement inspection and post-abatement inspection of the housing and other standards established by the Department of Environmental Protection.
(d) Amounts credited to said fund shall not be subject to further appropriation and money remaining in the fund at the close of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years. Funds from private and public sources and appropriations by the general court may be credited to said fund.
(e) Not later than October 1, the director of housing and community development and the commissioner shall provide an annual report to the joint committee on public health and the senate and house committees on ways and means providing a description and accounting of the revenue credited to the fund and expenditures made from the fund.
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An Act to require liability insurance for gun ownership
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S1476
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SD1440
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:11:41.903'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:11:41.9033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1476/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1476) of Michael J. Barrett for legislation to require liability insurance for gun ownership. Public Safety and Homeland Security.
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Chapter 140 of the General Laws is hereby amended by adding the following section:-
Section 207. (a) Whoever possess, carries or owns a firearm, rifle or shotgun without a liability policy or bond or deposit required by the provisions of this chapter, which has not been provided and maintained in accordance therewith, shall be punished by a fine of not less than 500 nor more than 5,000 dollars or by imprisonment for not more than one year in a house of correction, or both such fine and imprisonment. This section shall not apply to a person who possesses a firearm, rifle or shotgun on a temporary basis while on the premises of a licensed gun club.
(b) The commissioner of insurance shall promulgate regulations setting forth the minimum terms of liability insurance policies which shall satisfy the requirements of this section.
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An Act to improve transparency and accountability in correctional facilities
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S1477
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SD1528
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T17:05:48.707'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T17:05:48.7066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-26T15:06:56.0966667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-26T15:06:56.0966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1477/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1477) of Michael J. Barrett, Rebecca L. Rausch and Patricia D. Jehlen for legislation to improve transparency and accountability in correctional facilities. Public Safety and Homeland Security.
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SECTION 1. Chapter 127 of the General Laws is hereby amended by inserting after section 36C the following section:- Section 36D. (a) For the purpose of this section, “news media representatives” are persons who are engaged in reporting news for (1) a radio or television program, (2) an online or print newspaper, (3) an online or print magazine, (4) a national or international news service, including wire services, (5) a website or (6) a podcast. Freelance reporters and journalists shall also be considered news media representatives for the purpose of this section.
(b) No correctional institution, state prison, jail or house of correction, the commissioner of correction, hereinafter the commissioner, sheriff, superintendent, correctional officer, employee, contractor or any other staff member shall abridge the right of a person incarcerated in any correctional institution, state prison, jail or house of correction in the commonwealth to confer with any news media representative. Such news media representatives may visit an incarcerated person at such times as may be established under rules promulgated by the commissioner. News media representatives shall have rights to unimpeded, confidential, in person visitation and video conferencing commensurate with the rights of attorneys established in section 36A of this chapter; provided, that there shall be no restrictions on the access of news media representatives due to housing placement or disciplinary sanctions imposed on an incarcerated person for any offense.
(c) All correctional institutions, state prisons, jails and houses of correction shall provide for unimpeded, unmonitored, and confidential telephone communication between news media representatives and incarcerated persons. News media representatives shall be permitted to establish a telephone line which shall be authorized for confidential communication with any incarcerated person. All correctional institutions, state prisons, jails and houses of correction shall provide an online system whereby news media representatives may register their information, including, but not limited to, their email addresses and telephone numbers. The correctional institutions, state prisons, jails and houses of correction shall publish information regarding media access on their websites and provide said information to all incarcerated persons upon entry into such facilities. Ordinary pre-authorization processes, telephone limitations, restrictions and cap limits shall not apply to conversations between incarcerated persons and news media representatives. Incarcerated persons serving disciplinary sanctions shall at all times be permitted telephone access to news media representatives.
(d) Attorneys shall be permitted to bring with them a news media representative on any legal visit with an incarcerated person, including in-person visits, video visits and video conferencing.
(e) Retaliation against any incarcerated person for communication with a news media representative shall be prohibited and punishable by disciplinary action up to and including termination.
(f) The commissioner shall update regulations in accordance with this section.
(g) Sheriffs shall update policies in accordance with this section.
SECTION 2. Section 87 of Chapter 127 of the General Laws is hereby amended by inserting in subsection (a) after the words “the commissioner or any deputy commissioner of correction,” the following words:- any news media representative as defined in section 36D of chapter 127
SECTION 3. Chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:- Section 170. (a) The following data regarding use of force at all correctional institutions, state prisons, jails and houses of correction shall be collected and provided to any person upon request as well as published, quarterly, on the agency’s website and provided quarterly to the Joint Committee on the Judiciary, the Joint Committee on Public Safety and Homeland Security, the Attorney General and the Governor, to review and recommend clear limitations on the use of physical force by state and county correction officers and juvenile detention officers: (1) the number of incidents facility-wide, (2) the number of incidents in any form of segregated confinement, (3) the number of incidents during mental health watches, (4) the number of incidents involving incarcerated people who are being treated for psychiatric disabilities, (5) the number of incidents by race of involved incarcerated people and by race of involved staff, (6) the number of incidents resulting in injury to an incarcerated person, (7) the number of incidents resulting in injury to staff, (8) the number of incidents where any incarcerated person had to be treated at an outside hospital, as well an accounting of the injuries that required treatment, (9) the number of incidents where a correctional officer or any other staff person had to be treated at an outside hospital, as well as an accounting of the injuries that required treatment (10) the number of incidents involving use of chemical agents, (11) the number of incidents involving use of a restraint chair, (12) the number of incidents involving use of any kinetic impact weapon, (13) the number of incidents involving K-9s, and (14) the number of incidents involving any other use of force tool. Each data point shall include a breakdown by planned use of force, spontaneous cell entry and other use of force.
(b) The following data regarding use of force complaints, investigations, and outcomes at all correctional facilities shall be collected and provided to any person upon request as well as published, quarterly, on the agency’s website and provided quarterly to the Joint Committee on the Judiciary, the Joint Committee on Public Safety and Homeland Security, the Attorney General and the Governor: (1) the number of grievances and other complaints alleging that excessive force was used against an incarcerated person, (2) the number of investigations conducted by internal affairs related to use of force and an accounting of the outcomes of those investigations, including all findings and all resulting discipline, (3) a list of all officers, including their current employment status and position, who have been found to have engaged in excessive use of force, and (4) a list of all officers, including their current employment status and position, who have been found to have lied or been otherwise not fully truthful and cooperative in the course of an investigation related to use of force.
(c) An incarcerated person and their legally designated representative shall have the right to obtain a copy of all records relating to any use of force incident involving the incarcerated person, including, but not limited to, written reports, investigations, investigation findings, interviews, video and audio recordings and photographs. All such records must be provided within 10 business days of any request. All such records shall also be public records, except that records access officers must redact the name and identifying information of any involved incarcerated person before providing the records to any requestor who is not the involved incarcerated person or who does not have a release from them.
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An Act relative to military grade controlled property
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S1478
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SD1570
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T17:52:53.187'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T17:52:53.1866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T16:42:42.01'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T11:31:02.9566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1478/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1478) of Michael J. Barrett and Jack Patrick Lewis for legislation relative to military grade controlled property. Public Safety and Homeland Security.
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SECTION 1. Section 1 of chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Direct debt” the following definition:-
“Federal agency”, a federal military, law enforcement or intelligence agency, department or division.
SECTION 2. Said section 1 of said chapter 29 is hereby further amended by inserting after the definition of “Fund” the following definition:-
"Law enforcement agency", a police department, sheriff department, harbormaster, state or county correctional facility or lockup, regional law enforcement council, so-called, or cooperative or other joint task force or other entity with authority to enforce the laws of the commonwealth.
SECTION 3. Said section 1 of said chapter 29 is hereby further amended by inserting after the definition of “Line-item” the following 2 definitions:-
“Local legislative body”, the town meeting for the purposes of a town system, the city council subject to the provisions of its charter in a city system, the district meeting in a district system, the county commissioners in a county system and the governing body of the authority in an authority system.
"Military grade controlled property”, equipment, articles, services and related technical data as enumerated in the United State munitions list under 22 C.F.R. 121.1 or the department of commerce control list under 15 C.F.R. 774.
SECTION 4. Clause (3) of subsection (a) of section 6B of said chapter 29 is hereby amended by striking out subclauses (ii) and (iii) and inserting in place thereof the following 3 subclauses:-
(ii) the estimated amount of cash match, in-kind match or other monies to be supplied by the state and any other source from which such match will be required, and a description of the federal allocation formula and matching requirements including whether the grant is distributed to the commonwealth on the basis of a federally specified formula or on the basis of the federal grantor's discretion and a description of the federal constraints placed on the agency's discretion to use the grant;
(iii) the duration of the grant, the number of fiscal years the agency has been receiving assistance and the number of fiscal years in which assistance can be expected to continue under the program and a statement as to the priority of the program alongside other state or federally funded programs, including whether the agency would request that all or part of the program be funded out of the General Fund in the event federal funds are reduced or discontinued.
To avoid any inconsistency or duplication in review, notices given under this section shall be coordinated with other notice requirements for project or plan proposals in connection with federal aid including those required under Circular A-95 of the United States Office of Management and Budget; and
(iv) the projected annual maintenance costs of any military grade controlled property transferred or acquired from a federal agency
SECTION 5. Said section 6B of said chapter 29 is hereby further amended by adding the following 2 subsections:-
(k) The type and quantity of military grade controlled property available for purchase with any federal grant funds or available for acquisition by transfer, including but not limited to transfers by the United States Department of Defense pursuant to the 1033 Program, so-called, as authorized by Title 10, section 2576a of the United States Code, from a federal agency to a state law enforcement agency, including but not limited to the Massachusetts state police within the executive office of public safety and security, shall be set out with particularity to the general court so that it might consider proposed appropriations and the establishment of state policies and priorities.
(l) The department of state police, the office of law enforcement within the executive office of environmental affairs or the Massachusetts bay transportation authority police force shall not apply for or receive military grade controlled property or funds for the acquisition or transfer of military grade controlled property from a federal agency unless the department of state police, the office of law enforcement within the executive office of environmental affairs or the Massachusetts bay transportation authority police force obtains approval from the secretary of public safety and security, secretary of energy and environmental affairs or the secretary of transportation, respectively.
SECTION 6. Said chapter 29 is hereby further amended by inserting after section 6B the following section:-
Section 6B½. (a) A local law enforcement agency shall not apply for or receive military grade controlled property or funds for the acquisition or transfer of military grade controlled property from a federal agency unless: (1) the local law enforcement agency provides notice to the local legislative body of any intended application or transfer, including a detailed list of supplies and equipment sought to be acquired or transferred; (2) the local legislative body advertises and holds a public hearing, due notice of which shall be advertised to the public, regarding the prospective application or transfer, during which the public shall be allowed the opportunity to testify and comment; (3) the local law enforcement agency has responded in writing to any questions and matters raised by the local legislative body or residents at such public hearing; and (4) the local legislative body votes to approve the intended application or transfer, including the particular supplies and equipment sought to be acquired. The local law enforcement agency shall include documentation of the local legislative body’s approval in its application or acknowledgement of receipt.
(b) A regional law enforcement council or other multi-jurisdictional law enforcement agency, including, but not limited to, those made up of entities or representatives of multiple agencies and those administered by non-profits, shall not apply for or receive military grade controlled property or funds for the acquisition or transfer of military grade controlled property from a federal agency unless it has: (1) provided notice to each of the local legislative bodies for the cities and towns participating in the regional or multi-jurisdiction law enforcement agency regarding any prospective application or transfer; and (2) obtained approval from the secretary of public safety and security, who shall take into consideration any information, comments and recommendations from the local legislative bodies for the cities and towns participating in the regional or multi-jurisdiction law enforcement agency. The regional law enforcement council or multi-jurisdiction agency shall include documentation of the approval of the secretary of public safety and security in its application or acknowledgement of receipt. Notwithstanding any such approval, a local legislative body for a city or town participating in the regional or multi-jurisdiction law enforcement agency may vote to restrict or deny the use of the subject military grade controlled property within its locality.
(c) The department of state police shall not apply for or receive military grade controlled property or funds for the acquisition or transfer of military grade controlled property from a federal agency unless it has obtained approval from the secretary of public safety and security. The department of state police shall include documentation of the approval of the secretary of public safety and security in its application or acknowledgement of receipt.
(d) A sheriff’s department shall not apply for or receive military grade controlled property or funds for the acquisition or transfer of military grade controlled property from a federal agency unless it has obtained approval from the secretary of public safety and security. The sheriff’s department shall include documentation of the approval of the secretary of public safety and security in its application or acknowledgement of receipt.
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An Act protecting inmate safety and the expenditure of state funds
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S1479
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SD1584
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T18:01:59.767'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T18:01:59.7666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1479/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1479) of Michael J. Barrett for legislation to protect inmate safety and the expenditure of state funds. Public Safety and Homeland Security.
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Chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 170. No inmate or prisoner placed in the custody of a sheriff shall be transported outside of the commonwealth for the purposes of labor or public or community service programming unless there exists a bona fide public health or safety emergency. If such a bona fide public health or safety emergency exists, the sheriff shall file a description of the purpose, the proposed mode of transportation, the estimated duration of the time to be spent outside of the commonwealth, the housing and security arrangements to be made during the proposed stay and the estimated cost of the entire undertaking with the secretary of administration and finance, the secretary of the executive office of public safety and security, the chairs of the joint committee on public safety and homeland security and the chairs of the senate and house committees on ways and means and shall obtain written approval from the secretary of administration and finance and the secretary of the executive office of public safety and security prior to the commencement of said transport.
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An Act protecting reproductive health access, LGBTQ lives, religious liberty, and freedom of movement by banning the sale of cell phone location information
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S148
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SD1857
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T10:08:24.13'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T10:08:24.13'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T10:58:12.1566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T10:58:12.1566667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T15:02:06.7433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-07T15:10:15.8466667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-07T15:10:15.8466667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T12:00:12.1833333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-10T15:19:13.5366667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-14T14:20:08.3166667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T12:38:27.6733333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T13:02:00.1266667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-06-26T11:49:05.9133333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-07-20T17:01:38.2633333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-09-13T13:15:13.5133333'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-09-15T10:41:18.0833333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-09-18T15:21:22.5266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S148/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 148) of Cynthia Stone Creem, Joanne M. Comerford, Michael J. Barrett, James B. Eldridge and other members of the Senate for legislation to protect reproductive health access, LGBTQ lives, religious liberty, and freedom of movement by banning the sale of cell phone location information. Consumer Protection and Professional Licensure.
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SECTION 1. The General Laws, as appearing in the 2018 Official Edition, are hereby amended by inserting after chapter 93K the following chapter:
CHAPTER 93L. Privacy Protections for Location Information Derived from Electronic Devices
Section 1. Definitions
As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
“Application”, a software program that runs on the operating system of a device.
“Collect”, to obtain, infer, generate, create, receive, or access an individual’s location information.
“Consent”, freely given, specific, informed, unambiguous, opt-in consent. This term does not include either of the following: (i) agreement secured without first providing to the individual a clear and conspicuous disclosure of all information material to the provision of consent, apart from any privacy policy, terms of service, terms of use, general release, user agreement, or other similar document; or (ii) agreement obtained through the use of a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision making, or choice.
“Covered entity”, any individual, partnership, corporation, limited liability company, association, or other group, however organized. A covered entity does not include a state or local government agency, or any court of Massachusetts, a clerk of the court, or a judge or justice thereof. A covered entity does not include an individual acting in a non-commercial context. A covered entity includes all agents of the entity.
“Device”, a mobile telephone, as defined in section 1 of chapter 90 of the general laws, or any other electronic device that is or may commonly be carried by or on an individual and is capable of connecting to a cellular, bluetooth, or other wireless network.
“Disclose”, to make location information available to a third party, including but not limited to by sharing, publishing, releasing, transferring, disseminating, providing access to, or otherwise communicating such location information orally, in writing, electronically, or by any other means.
“Individual”, a person located in the Commonwealth of Massachusetts.
“Location information”, information derived from a device or from interactions between devices, with or without the knowledge of the user and regardless of the technological method used, that pertains to or directly or indirectly reveals the present or past geographical location of an individual or device within the Commonwealth of Massachusetts with sufficient precision to identify street-level location information within a range of 1,850 feet or less. Location information includes but is not limited to (i) an internet protocol address capable of revealing the physical or geographical location of an individual; (ii) Global Positioning System (GPS) coordinates; and (iii) cell-site location information. This term does not include location information identifiable or derived solely from the visual content of a legally obtained image, including the location of the device that captured such image, or publicly posted words.
“Location Privacy Policy”, a description of the policies, practices, and procedures controlling a covered entity’s collection, processing, management, storage, retention, and deletion of location information.
“Monetize”, to collect, process, or disclose an individual’s location information for profit or in exchange for monetary or other consideration. This term includes but is not limited to selling, renting, trading, or leasing location information.
“Person”, any natural person.
“Permissible purpose”, one of the following purposes: (i) provision of a product, service, or service feature to the individual to whom the location information pertains when that individual requested the provision of such product, service, or service feature by subscribing to, creating an account, or otherwise contracting with a covered entity; (ii) initiation, management, executution, or completion of a financial or commercial transaction or fulfill an order for specific products or services requested by an individual, including any associated routine administrative, operational, and account-servicing activity such as billing, shipping, delivery, storage, and accounting; (iii) compliance with an obligation under federal or state law; or (iv) Response to an emergency service agency, an emergency alert, a 911 communication, or any other communication reporting an imminent threat to human life.
“Process”, to perform any action or set of actions on or with location information, including but not limited to collecting, accessing, using, storing, retaining, analyzing, creating, generating, aggregating, altering, correlating, operating on, recording, modifying, organizing, structuring, disposing of, destroying, de-identifying, or otherwise manipulating location information. This term does not include disclosing location information.
“Reasonably understandable”, of length and complexity such that an individual with an eighth-grade reading level, as established by the department of elementary and secondary education, can read and comprehend.
“Service feature”, a discrete aspect of a service provided by a covered entity, including but not limited to real-time directions, real-time weather, and identity authentication
"Service provider”, an individual, partnership, corporation, limited liability company, association, or other group, however organized, that collects, processes, or transfers location information for the sole purpose of, and only to the extent that such service provider is, conducting business activities on behalf of, for the benefit of, at the direction of, and under contractual agreement with a covered entity.
“Third party”, any covered entity or person other than (i) a covered entity that collected or processed location information in accordance with this chapter or its service providers, or (ii) the individual to whom the location information pertains. This term does not include government entities.
Section 2. Protection of location information
(a) It shall be unlawful for a covered entity to collect or process an individual’s location information except for a permissible purpose. Prior to collecting or processing an individual’s location information for one of those permissible purposes, a covered entity shall provide the individual with a copy of the Location Privacy Policy and obtain consent from that individual; provided, however, that this shall not be required when the collection and processing is done in (1) compliance with an obligation under federal or state law or (2) in response to an emergency service agency, an emergency alert, a 911 communication, or any other communication reporting an imminent threat to human life.
(b) If a covered entity collects location information for the provision of multiple permissible purposes, it should be mentioned in the Location Privacy Policy and individuals shall provide discrete consent for each purpose; provided, however, that this shall not be required for the purpose of collecting and processing location information to comply with an obligation under federal or state law or to respond to an emergency service agency, an emergency alert, a 911 communication, or any other communication reporting an imminent threat to human life.
(c) A covered entity that directly delivers targeted advertisements as part of its product or services shall provide individuals with a clear, conspicuous, and simple means to opt out of the processing of their location information for purposes of selecting and delivering targeted advertisements.
(d) Consent provided under this section shall expire (1) after one year, (2) when the initial purpose for processing the information has been satisfied, or (3) when the individual revokes consent, whichever occurs first, provided that consent may be renewed pursuant to the same procedures. Upon expiration of consent, any location information possessed by a covered entity must be permanently destroyed.
(e) It shall be unlawful for a covered entity or service provider that lawfully collects and processes location information to:—
(1) collect more precise location information than necessary to carry out the permissible purpose;
(2) retain location information longer than necessary to carry out the permissible purpose;
(3) sell, rent, trade, or lease location information to third parties; or
(4) derive or infer from location information any data that is not necessary to carry out a permissible purpose.
(5) disclose, cause to disclose, or assist with or facilitate the disclosure of an individual’s location information to third parties, unless such disclosure is (i) necessary to carry out the permissible purpose for which the information was collected, or (ii) requested by the individual to whom the location data pertains.
(f) It shall be unlawful for a covered entity or service providers to disclose location information to any federal, state, or local government agency or official unless (1) the agency or official serves the covered entity or service provider with a valid warrant or establishes the existence of exigent circumstances that make it impracticable to obtain a warrant, (2) disclosure is mandated under federal or state law, or (3) the data subject requests such disclosure.
(g) A covered entity shall maintain and make available to the data subject a Location Privacy Policy, which shall include, at a minimum, the following:—
(1) the permissible purpose for which the covered entity is collecting, processing, or disclosing any location information;
(2) the type of location information collected, including the precision of the data;
(3) the identities of service providers with which the covered entity contracts with respect to location data;
(4) any disclosures of location data necessary to carry out a permissible purpose and the identities of the third parties to whom the location information could be disclosed;
(5) whether the covered entity’s practices include the internal use of location information for purposes of targeted advertisement
(6) the data management and data security policies governing location information;
(7) the retention schedule and guidelines for permanently deleting location information.
(h) A covered entity in lawful possession of location information shall provide notice to individuals to whom that information pertains of any change to its Location Privacy Policy at least 20 business days before the change goes into effect, and shall request and obtain consent before collecting or processing location information in accordance with the new Location Privacy Policy.
(i) It shall be unlawful for a government entity to monetize location information.
Section 3. Transparency
(a) A covered entity shall, on an annual basis, report to the attorney general aggregate information pertaining to any warrants seeking location information collected and processed by that covered entity that were received during the preceding calendar year by the entity and, if known, by any service providers and third parties. The report shall disaggregate orders by requesting agency, statutory offense under investigation, and source of authority.
(b) Covered entities that are required to regularly disclose location information as a matter of law shall, on an annual basis, report to the attorney general aggregate information related to such disclosures.
(c) The attorney general shall develop standardized reporting forms to comply with this section and make the reports available to the general public online.
Section 4: Prohibition Against Retaliation
A covered entity shall not take adverse action against an individual because the individual exercised or refused to waive any of such individual’s rights under this chapter, unless location data is essential to the provision of the good, service, or service feature that the individual requests, and then only to the extent that such data is essential. This prohibition includes but is not limited to:
(1) refusing to provide a good or service to the individual;
(2) charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; or
(3) providing a different level or quality of goods or services to the individual.
Section 5. Enforcement
(a) A violation of this chapter or a regulation promulgated under this chapter regarding an individual’s location information constitutes an injury to that individual.
(b) Any individual alleging a violation of this chapter by a covered entity or service provider may bring a civil action in the superior court or any court of competent jurisdiction; provided that, venue in the superior court shall be proper in the county in which the plaintiff resides or was located at the time of any violation.
(c) An individual protected by this chapter shall not be required, as a condition of service or otherwise, to file an administrative complaint with the attorney general or to accept mandatory arbitration of a claim arising under this chapter.
(d) In a civil action in which the plaintiff prevails, the court may award (1) actual damages, including damages for emotional distress, or $5,000 per violation, whichever is greater, (2) punitive damages; and (3) any other relief, including but not limited to an injunction or declaratory judgment, that the court deems to be appropriate. The court shall consider each instance in which a covered entity or service provider collects, processes, or discloses location information in a manner prohibited by this chapter or a regulation promulgated under this chapter as constituting a separate violation of this chapter or regulation promulgated under this chapter. In addition to any relief awarded, the court shall award reasonable attorney’s fees and costs to any prevailing plaintiff.
(e) The attorney general may bring an action pursuant to section 4 of chapter 93A against a covered entity or service provider to remedy violations of this chapter and for other relief that may be appropriate.
(f) Any provision of a contract or agreement of any kind, including a covered entity’s terms of service or policies, including but not limited to the Location Privacy Policy, that purports to waive or limit in any way an individual’s rights under this chapter, including but not limited to any right to a remedy or means of enforcement, shall be deemed contrary to state law and shall be void and unenforceable.
(g) No private or government action brought pursuant to this chapter shall preclude any other action under this chapter.
Section 6. Non-applicability
This chapter shall not apply to location information collected from a patient by a health care provider or health care facility, or collected, processed, used, or stored exclusively for medical education or research, public health or epidemiological purposes, health care treatment, health insurance, payment, or operations, if the information is protected from disclosure under the federal Health Insurance Portability and Accountability Act of 1996 or other applicable federal and state laws and regulations.
Section 7. Regulations
The attorney general shall:—
(1) adopt, amend, or repeal regulations for the implementation, administration, and enforcement of this chapter;
(2) gather facts and information applicable to the attorney general’s obligation to enforce this chapter and ensure its compliance;
(3) conduct investigations for possible violations of this chapter;
(4) refer cases for criminal prosecution to the appropriate federal, state, or local authorities; and
(5) maintain an official internet website outlining the provisions of this chapter.
SECTION 2. Location Information Collected Before Effective Date
Within 6 months after the effective date of this Act, covered entities shall obtain consent in accordance with the provisions of Section 2 of Chapter 93L for any location information collected, processed, and stored before such effective date, and shall permanently destroy any location information for which they have not obtained consent.
SECTION 3. Effective Date
This Act shall take effect 1 year after enactment.
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An Act creating the public safety building authority
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S1480
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SD181
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T11:55:21.72'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T11:55:21.72'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-27T10:35:56.5733333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-05T14:31:29.54'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-22T11:11:55.5966667'}]
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 1480) of Michael D. Brady and Colleen M. Garry for legislation to create the public safety building authority. Public Safety and Homeland Security.
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(a) There is hereby created a body politic and corporate and a public instrumentality to be known as the Massachusetts Municipal Public Safety 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, the secretary of the executive office of public safety and security, and 6 additional members appointed by the state treasurer, 3 of whom shall have practical experience in public safety facilities planning, public safety construction, or architecture and public safety facility design, and 1 of whom shall be persons in the field of law enforcement, 1 of whom shall be in the field of firefighting, and one of whom shall be in the field of emergency medical services, 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) Five members of the authority shall constitute a quorum, and the affirmative vote of five 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 public safety 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. The authority shall be subject to all provisions of 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.
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An Act relative to access to community corrections
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S1481
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SD269
| 193
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-12T16:17:02.643'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-12T16:17:02.6433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1481/DocumentHistoryActions
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Bill
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By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1481) of William N. Brownsberger for legislation relative to access to community corrections. Public Safety and Homeland Security.
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SECTION 1. Chapter 211F of the General Laws, as appearing in the 2020 Official Edition, is hereby stricken and inserting in place thereof the following:-
§ 1. Definitions
The following terms as used in this chapter shall have the following meanings:
“Commissioner”, the commissioner of probation.
“Community justice program”, any program or service that is operated by a state, local or private service agency, that has been deemed an appropriate provider of services by the office of community justice programs including, but not limited to, intensive supervision with treatment, community service, pretrial services programs, reentry services programs, programs designed as an alternative to jail or prison, and any other program or service as the commissioner may so direct; provided, however, that pretrial and reentry services programs shall each be a separate track of programming from intensive supervision with treatment as defined herein.
“Community justice plan”, a written proposal submitted to the executive director of the office of community justice programs for approval and funding as a community justice program.
“Executive director”, the executive director of the office of community justice programs.
“Intensive supervision with treatment”, as determined by the office of community justice programs, a community justice program that provides a combination of interventions, including treatment, services and accountability measures for persons assessed to be at moderate or higher risk for recidivism.
§ 2. Office of community justice programs; executive director
(a) There is hereby established subject to appropriation within the office of the commissioner of probation an office of community justice programs, which shall be used for any criminal justice purpose as determined by the commissioner, and shall establish a continuum of community justice programs statewide.
(b) The executive director of the office of community justice programs shall be appointed by the commissioner to establish, oversee and operate a statewide continuum of community justice programs.
(c) The executive director shall operate subject to the direction and approval of the commissioner. The office shall, to the extent practicable, utilize existing resources of the office of court management for the purpose of avoiding unnecessary duplication.
§ 3. Sentence to intensive supervision with treatment; conditions; eligibility
(a) Any court exercising jurisdiction is authorized to sentence any eligible person to intensive supervision with treatment.
(b) A sentence to intensive supervision with treatment shall be imposed as a condition of probation consistent with chapters 276 and 276A. The court may modify the sentence of a person subject to intensive supervision with treatment in the same manner as if the person had been placed on probation.
(c) The commissioner shall develop guidelines for the eligibility of persons for intensive supervision with treatment.
(d) No person shall be sentenced to intensive supervision with treatment in lieu of a mandatory minimum term of incarceration set by statute.
§ 3A. Participation in a pretrial services program in lieu of bail or as condition of release
(a) Participation in a pretrial services program may be ordered by the court, in lieu of bail or as a condition of release consistent with sections 57, 58 and 58A of chapter 276. The court may dictate the duration and conditions of the pretrial services program. Any conditions should be imposed to ensure return of the defendant to court or, where permitted by law, to assure the safety of any person or the community.
(b) The Massachusetts probation service may utilize pretrial services programs for pretrial supervision consistent with sections 87 and 87A of chapter 276, upon agreement by the person before the court who is charged with an offense or crime.
(c) If the sheriff who has custody of a person held on bail under section 57 or 58 of chapter 276 determines that the person would benefit from entering a pretrial services program, the sheriff shall provide a written recommendation of such determination to the court, the commissioner, the prosecuting office and the person or the person’s attorney, where applicable. The prosecuting office may notify any victim of the sheriff’s recommendation upon receipt of such recommendation. If the commissioner or the prosecuting office objects to such recommendation, the commissioner or prosecuting office shall file written objection with the court within 14 days of receipt of such notice. Upon receipt of such objection, the court may set the matter for hearing. After expiration of the time for filing objections and after hearing, if applicable, the court shall either decline to modify its earlier bail order or make an order under subsection (a) of this section authorizing the person’s participation in a pretrial services program. In no event shall the person held on bail be ordered under this paragraph to enter a pretrial services program without that person’s consent.
(d) Placement of a person in a pretrial services program shall require victim notification as required under subsection (t) of section 3 of chapter 258B.
§ 3B. Utilization of programs developed by the office of community justice programs for persons not sentenced to intensive supervision with treatment under Sec. 3
(a) For any person sentenced to probation supervision who has not been sentenced to intensive supervision with treatment under section 3, the probation department may utilize programs and services offered by the office of community justice programs: (i) for participation in court-ordered programming where such programming is available through the office of community justice programs; or (ii) upon agreement by the person so sentenced.
(b) The use of programs and services under subsection (a) of section 3B of this chapter shall not operate as intensive supervision with treatment as defined in section 1.
§ 3C. Utilization of programs developed by the office of community justice programs for reentry and other criminal justice involved persons
(a) The office of community justice programs may provide reentry services programs, which shall not operate as intensive supervision with treatment as defined in section 1 of this chapter, to any person released from incarceration including, but not limited to, any probationer or parolee.
(b) Any person who has previously been sentenced to probation supervision, even if that person is no longer being supervised by the Massachusetts probation service, may utilize programs and services offered by the office of community justice programs. The use of programs and services under this section shall not operate as intensive supervision with treatment as defined in section 1.
§ 4. Community justice plans
(a) The executive director is hereby authorized and directed to develop and implement standards for a contracting process for community justice plans, as follows:
(1) A community justice plan shall include:
(A) the type of programs and services offered such as, intensive supervision with treatment, pretrial services or reentry services and the interventions to be made therein, such as cognitive behavioral therapy, employment counseling, educational support, etc.
(B) a description of the administrative, capital and operating costs of the programs;
(C) a description of methods by which the state, local or private service agency shall implement the community justice program with fidelity to evidence-based practices;
(D) a description of the knowledge, skill and experience of the state, local or private service agency in the fields of criminal justice, human services and social sciences.
(2) Subject to appropriation, the executive director shall select plans for funding. All contracts shall provide that the executive director may suspend funding or may assume administrative responsibility for any community justice programs not in compliance with standards, or if the public safety is threatened.
(3) The executive director shall monitor programs for compliance with the goals of this chapter, and shall provide technical assistance, training and education to providers in developing and operating community justice programs.
(b) Subject to an agreement between the commissioner and the secretary of public safety and subject to appropriation, the resources of community justice programs shall be utilized by the parole board for the purpose of parole supervision and the department of correction for the purpose of reentry.
§ 5. Annual report
The commissioner shall submit an annual report no later than January 15 of each year, commencing January 15, 2021, to the governor, the joint committees on the judiciary, mental health, substance use and recovery, public health and public safety and homeland security and the clerks of the house of representatives and the senate. The report shall include but shall not be limited to the following information:
(1) a statistical report of the utilization of community justice programs, including a list of all community justice programs operated under the office of community justice programs;
(2) the effectiveness of the office of community justice programs in reducing prison commitments, reducing pretrial detention and increasing the court appearance rate and the metrics used to evaluate said effectiveness;
(3) fiscal audits on the expenditure of state funds;
(4) the results of any investigations into community justice program noncompliance with community justice plans;
(4) any other relevant information or recommendations provided by the commissioner.
SECTION 2. Section 57 of chapter 276 of the General Laws, as amended by chapter 69 of the Acts of 2018, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:- Participation in intensive supervision with treatment pursuant to chapter 211F as pretrial treatment may be ordered by the court, in lieu of bail, or as a condition of release; provided, however, that the defendant shall consent to such participation. The following shall not be admissible against the person in any proceedings: (i) a request to engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment program; (iii) any statement made by the person during the course of a pretrial treatment program assessment. A statement or other disclosure or a record thereof made by a person during the course of a pretrial treatment program assessment shall not be disclosed at any time to the commonwealth or other law enforcement officer in connection with the investigation or prosecution of any charges against the person or a codefendant.
SECTION 3. Section 58 of chapter 276 of the General Laws, as amended by chapter 69 of the Acts of 2018, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:- Participation in intensive supervision with treatment pursuant to chapter 211F as pretrial treatment may be ordered by the court, in lieu of bail, or as a condition of release; provided, however, that the defendant shall consent to such participation. The following shall not be admissible against the person in any proceedings: (i) a request to engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment program; (iii) any statement made by the person during the course of a pretrial treatment program assessment. A statement or other disclosure or a record thereof made by a person during the course of a pretrial treatment program assessment shall not be disclosed at any time to the commonwealth or other law enforcement officer in connection with the investigation or prosecution of any charges against the person or a codefendant.
SECTION 4. Section 58A of chapter 276 of the General Laws, as amended by chapter 69 of the Acts of 2018, is hereby amended by striking out, in lines 94-97 the following words “Participation in a community corrections program pursuant to chapter 211F may be ordered by the court or as a condition of release; provided, however, that the defendant shall consent to such participation” and by inserting in place thereof:- Participation in intensive supervision with treatment pursuant to chapter 211F as pretrial treatment may be ordered by the court, in lieu of bail, or as a condition of release; provided, however, that the defendant shall consent to such participation. The following shall not be admissible against the person in any proceedings: (i) a request to engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment program; (iii) any statement made by the person during the course of a pretrial treatment program assessment. A statement or other disclosure or a record thereof made by a person during the course of a pretrial treatment program assessment shall not be disclosed at any time to the commonwealth or other law enforcement officer in connection with the investigation or prosecution of any charges against the person or a codefendant.
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An Act relative to American Sign Language training
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S1482
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SD1196
| 193
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-18T14:29:54.747'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-18T14:29:54.7466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1482/DocumentHistoryActions
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Bill
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By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1482) of William N. Brownsberger for legislation to provide sign language training for public safety personnel and emergency medical personnel. Public Safety and Homeland Security.
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SECTION 1. Section 165 of chapter 6 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after clause (6) the following clause:-
(7) the establishment of training and on-going education courses that allow for basic understanding of American Sign Language by all levels of fire service personnel.
SECTION 2. Section 20 of chapter 22C of the General Laws, as so appearing, is hereby amended by inserting after the word “program”, in line 5, the following words:- ; provided that such training program shall include courses that allow for basic understanding of American Sign Language.
SECTION 3. Said section 20 of said chapter 22C, as so appearing, is hereby further amended by inserting after the word “police”, in line 6, the following words:- ; provided that such in-service training program shall include courses that allow for basic understanding of American Sign Language.
SECTION 4. Section 9 of chapter 111C of the General Laws, as so appearing, is hereby amended by inserting after the word “chapter”, in line 17, the following words:- ; and unless such person or any person providing, operating or participating in an ambulance service has successfully completed courses that allow for basic understanding of American Sign Language."
SECTION 5. Said chapter 111C, as so appearing, is hereby further amended by adding the following section:-
Section 26. The department shall designate certain American Sign Language courses as eligible for continuing education credits required pursuant to this chapter.
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An Act for an equitable ten community pilot program to improve traffic safety
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S1483
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SD1263
| 193
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-17T12:53:48.417'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-17T12:53:48.4166667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-03-28T14:22:42.3166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1483/DocumentHistoryActions
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Bill
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By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1483) of William N. Brownsberger for legislation for an equitable ten community pilot program to improve traffic safety. Public Safety and Homeland Security.
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SECTION 1. Clause Twenty-sixth of section 7 of chapter 4 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following subclause:-
(w) Photographs and other personal identifying information collected by cities and towns under chapter 90J.
SECTION 2. The General Laws are hereby amended by inserting after chapter 90I the following chapter:-
CHAPTER 90J.
“AUTOMATED ROAD SAFETY ENFORCEMENT PILOT PROGRAM
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Automated road safety camera system”, an automated motor vehicle sensor device that produces digital photographs of a motor vehicle that commits a camera enforceable violation at the location where the automated motor vehicle sensor device is installed.
“Camera enforceable violation”, any of the following violations of a traffic law or regulation: (i) failing to stop at a steady red indication in a traffic control signal at an intersection pursuant to section 9 of chapter 89; (ii) making a right turn on a steady red indication in a traffic control signal where prohibited pursuant to section 8 of said chapter 89; (iii) exceeding the speed limit in violation of section 17 , section 18, or section 18B of chapter 90; (iv) passing a school bus when its warning signals are activated in violation of section 14 of said chapter 90; (v) blocking an intersection in violation of said section 9 of said chapter 89; and (vi) operating, parking or causing a motor vehicle to stand in a lane designated for the exclusive use of buses unless otherwise regulated or posted by an official traffic signal, sign or marking or at the direction of an authorized police officer.
“Municipal designee”, the municipal entity designated by the city manager in a city with a Plan D or E form of government, the mayor in all other cities or the board of selectmen in a town to supervise and coordinate the administration of camera enforceable violations under this chapter.
“Registrar”, the registrar of motor vehicles.
Section 2. (a) A city or town that accepts this chapter may install an automated road safety camera system as a means of promoting traffic safety. The automated road safety camera system may be placed: (i) along any portion of any way within the city’s or town’s control; (ii) along any portion of any way within the control of the commonwealth, other than a limited access highway, with written permission from the Massachusetts Department of Transportation or the department of conservation and recreation; or (iii) attached to a school bus; provided, however, that before equipping a school bus serving a regional school district with an automated road safety camera, each city or town member of the regional school district shall accept this chapter and shall approve the location of the automated road safety camera system pursuant to subsection (b); provided further, that the city or town may impose a penalty for a camera enforceable violation on the registered owner of a motor vehicle pursuant to section 3.
(b) A city or town that accepts this chapter shall not employ more than 1 automated road safety camera system per 2,500 residents as measured by using the most recent census data; provided, however, that a city or town with less than 2,500 residents shall not employ an automated road safety camera system; and provided further, that an automated road safety camera system that is attached to a school bus shall not be included in the number of automated road safety camera systems in the city or town. The location of an automated road safety camera system shall be approved by the city council with the approval of the mayor in a city or the board of selectmen in a town after a public hearing on the proposed location of the automated road safety camera system; provided, however, that the city or town shall present the past 3 years of available crash data at the proposed location of an automated road safety camera system at the public hearing.
(c) Annually, not later than December 1, a city or town that accepts this chapter shall transmit a report to the Massachusetts Department of Transportation that details each automated road safety camera system located in the city or town or proposed to be located in the city or town. The report shall include, but not be limited to: (i) a list of the locations of each automated road safety camera system in the city or town; (ii) an analysis of the nexus between public safety and each location’s automated road safety camera system; and (iii) the number of fines and warnings issued for camera enforceable violations pursuant to section 3; (iv) records of the maintenance and calibration of each location’s automated road safety camera system. The department shall post all reports received pursuant to this section on its website; (v) crash data at each separate location of an automated road safety camera system; and (vi) an analysis of the frequency of traffic stops by the municipality’s police force prior to and after the implementation of an automated road safety camera system.
Section 3. (a) The maximum fine imposed under this chapter for a camera enforceable violation shall be $25 per violation. Except as provided in section 4, the registered owner of a motor vehicle shall be liable for the fine; provided, however, that a registered owner of a motor vehicle shall not be liable for the fine imposed under this chapter for a camera enforceable violation if the operator of the motor vehicle was issued a citation for the violation in accordance with section 2 of chapter 90C. A city or town that accepts this chapter may send a written warning to the registered owner of a motor vehicle for the purposes of education in lieu of enforcement through a fine; provided, however, that a written warning shall only be issued pursuant to objective and consistent criteria in a written policy established by the municipal designee; provided further, that the Massachusetts Department of Transportation may provide guidance to the city or town on establishing such objective and consistent criteria.
(b) A certificate, or a facsimile thereof, based upon inspection of photographs and data produced by an automated road safety camera system and sworn to or affirmed by the municipal designee shall be prima facie evidence of the facts contained therein.
(c) A camera enforceable violation issued by a city or town under this chapter shall not be: (i) made part of the operating record of the person upon whom such liability is imposed; or (ii) a conviction of a moving violation of the motor vehicle laws for the purpose of determining a surcharge on a motor vehicle premium pursuant to section 113B of chapter 175.
(d) The municipal designee may hire and designate personnel as necessary or contract for services to implement this chapter.
(e) (1) The municipal designee shall provide a notice of violation to the registered owner of a motor vehicle that is identified in photographs produced by an automated road safety camera system as evidence of a camera enforceable violation pursuant to this chapter. The notice shall include, but not be limited to: (i) a copy of the photographs produced by the automated road safety camera system and any other data showing the vehicle in the process of a camera enforceable violation; (ii) the registration number and state of issuance of the vehicle; (iii) the date, time and location of the alleged camera enforceable violation; (iv) the specific camera enforceable violation charged; (v) instructions for payment of the fine imposed pursuant to subsection (a); (vi) instructions on how to appeal the camera enforceable violation in writing and to obtain a hearing; and (vii) an affidavit form approved by the municipal designee for the purposes of making a written appeal pursuant to subsection (h).
(2) In the case of a violation involving a motor vehicle registered in the commonwealth, the notice of violation shall be mailed within 14 days of the violation to the address of the registered owner of the motor vehicle as listed in the records of the registrar. If a motor vehicle is registered under the laws of another state or country, the notice of violation shall be mailed within 21 days of the violation to the address of the registered owner as listed in the records of the official in the state or country that has charge of the registration of the motor vehicle. If the address is unavailable, it shall be sufficient for the municipal designee to mail a notice of violation to the official in the state or country that has charge of the registration of the motor vehicle.
(3) The notice of violation shall be sent by first class mail in accordance with paragraph (2). A manual or automatic record of mailing processed by or on behalf of the municipal designee in the ordinary course of business shall be prima facie evidence thereof and shall be admitted as evidence in any judicial or administrative proceeding as to the facts contained therein.
(f) A registered owner of a motor vehicle shall not be liable for a camera enforceable violation under this chapter if the: (i) violation was necessary to allow the passage of an emergency vehicle; (ii) violation was incurred while participating in a funeral procession; (iii) violation was incurred during a period of time in which the motor vehicle was reported to the police department of any state, city or town as having been stolen and had not been recovered before the time the violation occurred; (iv) operator of the motor vehicle was operating the motor vehicle under a rental or lease agreement and the registered owner of the motor vehicle is a rental or leasing company and has complied with section 4; (v) operator of the motor vehicle was issued a citation for the violation in accordance with section 2 of chapter 90C; or (vi) violation was necessary to comply with any other law or regulation governing the operation of a motor vehicle.
(g) A registered owner of a motor vehicle to whom a notice of violation has been issued pursuant to this chapter may admit responsibility for the violation and pay the fine provided therein. Payment of the established fine shall operate as the final disposition of a camera enforceable violation; provided, however, that payment by a registered owner of a motor vehicle shall operate as the final disposition of the violation as to any other registered owner of the same motor vehicle for the same violation.
(h) Not more than 60 days after a camera enforceable violation under this chapter, a registered owner of a motor vehicle may contest responsibility for the violation in writing by mail or online. The registered owner shall provide the municipal designee with a signed affidavit, in a form approved by the municipal designee, stating the: (i) reason for disputing the violation; (ii) full legal name and address of the registered owner of the motor vehicle; and (iii) full legal name and address of the operator of the motor vehicle at the time the violation occurred. The registered owner may include signed statements from witnesses, including the names and addresses of witnesses, supporting the registered owner’s defense. Not more than 21 days after receipt of the signed affidavit, the municipal designee or the hearing officer shall send the decision of the hearing officer, including the reasons for the outcome, by first class mail to the registered owner. If the registered owner is found responsible for the violation, the registered owner shall pay the fine in the manner described in subsection (g) not more than 14 days after the issuance of the decision or request further judicial review pursuant to section 14 of chapter 30A.
(i) In lieu of contesting responsibility for a violation in writing or online pursuant to subsection (h) and not more than 60 days after a violation under this chapter, a registered owner of the motor vehicle may request a hearing to contest responsibility for a camera enforceable violation. A hearing request shall be made in writing by mail or online. Upon receipt of a hearing request, the municipal designee shall schedule the matter before a hearing officer. The hearing officer may be an employee of the municipal designee or such other person as the municipal designee may designate. Written notice of the date, time and place of the hearing shall be sent by first class mail to each registered owner of the motor vehicle. The hearing shall be informal, the rules of evidence shall not apply and the decision of the hearing officer shall be final subject to judicial review pursuant to section 14 of chapter 30A. Not more than 21 days after the hearing, the municipal designee or the hearing officer shall send the decision of the hearing officer, including the reason for the outcome, by first class mail to the registered owner. If the registered owner is found to be responsible for the camera enforceable violation, the registered owner shall pay the fine in the manner described in subsection (g) not more than 14 days after the issuance of the decision or request further judicial review pursuant to said section 14 of said chapter 30A.
(j) The municipal designee shall notify the registrar when a registered owner of a motor vehicle to whom a notice of a camera enforceable violation has been issued: (i) fails to contest the responsibility for a violation pursuant to subsection (h) or subsection (i) and fails to pay the fine in the notice in accordance with subsection (g) within 60 days of the violation; or (ii) is found responsible for the violation and does not pay the fine in accordance with subsection (h) or subsection (i). Upon being notified by the municipal designee, the registrar shall place the matter on record. The municipal designee shall notify the registrar immediately when a fine that is the basis for a notice to the registrar under this subsection has been paid; provided, however, that certified receipt of full and final payment from the municipal designee issuing a violation shall also serve as legal notice to the registrar that a violation has been disposed of in accordance with this chapter. The certified receipt shall be printed in such form as the registrar may approve.
Section 4. (a) Notwithstanding section 3, if the registered owner of a motor vehicle is a person or entity engaged in the business of leasing or renting motor vehicles and the motor vehicle was operated under a rental or lease agreement at the time of the camera enforceable violation, this section shall be applicable and the registered owner shall not be liable for any unpaid fines if the registered owner has complied with the requirements of this section.
(b) The municipal designee shall provide notice in writing of each camera enforceable violation to the registered owner of a motor vehicle if a motor vehicle owned by the registered owner is involved in a camera enforceable violation.
(c) Not more than 45 days after the violation, the registered owner shall furnish to the municipal designee, in writing, the name and address of the lessee or rentee of the motor vehicle at the time of the camera enforceable violation, the lessee’s or rentee’s driver’s license number, the state that issued the driver’s license and the lessee’s or rentee’s date of birth.
(d) Upon receipt of the information required under subsection (c), the municipal designee shall issue a notice of a camera enforceable violation to the lessee or rentee in the form prescribed by section 3 and the lessee or rentee shall be liable for the violation.
(e) The municipal designee shall notify the registrar if the lessee or rentee to whom a notice of violation has been issued: (i) fails to contest the responsibility for a camera enforceable violation pursuant to either subsection (h) or subsection (i) of section 3 and fails to pay the fine in the notice in accordance with subsection (g) of said section 3 within 90 days of the violation; or (ii) is found responsible for the violation and does not pay the fine in accordance with said subsection (h) or said subsection (i) of said section 3. Upon being notified by the municipal designee, the registrar shall place the matter on record.
The municipal designee shall notify the registrar immediately when a fine that is the basis for a notice to the registrar under this subsection has been paid; provided, however, that certified receipt of full and final payment from the municipal designee issuing a camera enforceable violation shall also serve as notice to the registrar that the camera enforceable violation has been disposed of in accordance with this chapter; provided further, that the certified receipt shall be printed in such form as the registrar may approve.
Section 5. No violation shall be issued pursuant to this chapter for: (i) a failure to stop at a signal at an intersection if any part of the vehicle was over the stop line when the light was yellow, regardless of whether or not the light turned red while the vehicle was over the stop line; (ii) exceeding the speed limit, unless the vehicle exceeds the speed limit by not less than 10 miles per hour where the posted speed limit is 45 miles per hour or greater and not less than 5 miles per hour where the posted speed limit is less than 45 miles per hour; (iii) passing a school a bus when its warning signals are activated, unless the vehicle crosses the plane of the stop sign on the bus; (iv) making a right turn on a steady red indication in a traffic control signal where prohibited, unless the entire vehicle has crossed the stop line; or (v) blocking an intersection, unless the entire vehicle has crossed the stop line and no portion of the vehicle has exited the intersection.
Section 6. (a) A city or town that accepts this chapter shall install at each location of an automated road safety camera system an unobstructed sign notifying the public that an automated road safety camera system is in use; provided, however, that a school bus with an automated road safety camera system shall have a sign on the bus notifying the public that an automated road safety camera system is in use on the bus.
(b) A city or town that accepts this chapter shall make a public announcement and conduct a public awareness campaign of its use of automated road safety camera systems beginning not less than 60 days before the first such automated road safety camera system is put into use; provided, however, that a city or town that accepts this chapter may install but shall not activate automated road safety camera systems during the 60-day time period.
Section 7. (a) The compensation paid to the manufacturer or vendor of an automated road safety camera system authorized in this chapter shall be based on the value of the equipment or services provided and shall not be based on the number of camera enforceable violations issued or the revenue generated by the automated road safety camera system.
(b) Not less than annually, a professional engineer registered in the commonwealth or an independent laboratory shall verify that the automated road safety camera system and any appurtenant traffic control signals are correctly calibrated.
Section 8. (a) An automated road safety camera system shall only take photographs when a camera enforceable violation occurs. Photographs and other recorded evidence shall be destroyed not more than 48 hours after the final disposition of a camera enforceable violation.
(b) A photograph or other recorded evidence taken pursuant to this chapter shall not be discoverable in any judicial or administrative proceeding, other than a proceeding held pursuant to this chapter, without a court order. A photograph or other recorded evidence taken pursuant to this chapter shall not be admissible in any judicial or administrative proceeding, other than in a proceeding to adjudicate liability for a violation of this chapter, without a court order. A court shall not order a release of a photograph or other recorded evidence taken pursuant to this chapter unless the photograph or other recorded evidence establishes or undermines a finding of a moving violation and the camera enforceable violation is material as to a finding of civil or criminal liability.
(c) Photographs and other personal identifying information collected by a city or town pursuant to this chapter shall not be a public record under Clause Twenty-Sixth of section 7 of chapter 4 or chapter 66.
(d) An automated road safety camera system shall not be utilized to take a frontal view photograph of a motor vehicle committing a camera enforceable violation. A frontal view photograph of a motor vehicle committing a camera enforceable violation taken by an automated road safety camera system shall not be discoverable or admissible in any judicial or administrative proceeding and shall not be used as the basis for a camera enforceable violation under this chapter. To the extent practicable, additional efforts shall be made to ensure that photographs produced by an automated road safety camera system do not identify the vehicle operator, the passengers or the contents of the vehicle.
(e) A city or town or a manufacturer or vendor of an automated road safety camera system may not use, disclose, sell or permit access to data collected by an automated road safety camera system except as necessary to process camera enforceable violations in accordance with this chapter.
Section 9. A city or town that accepts this chapter may only recover costs reasonably related to the implementation and operation of an automated road safety camera system including, but not limited to, costs associated with: (i) maintaining and operating the automated road safety camera system; (ii) issuing notices of camera enforceable violations; (iii) holding hearings for appeals of camera enforceable violations; (iv) notifying the registrar of a failure to pay a fine under this chapter; and (v) collecting a fine; provided, however, that net revenues collected by participating cities and towns pursuant to this chapter shall be deposited in the Massachusetts Transportation Trust Fund established in section 4 of chapter 6C.
Section 10. The operation of emergency vehicles shall be subject to this chapter except as otherwise provided in section 7B of chapter 89.
Section 10A. A city or town shall not implement this chapter unless the city or town has submitted a plan for the implementation of automated road safety camera systems to the Massachusetts Department of Transportation and the department has approved the plan. The review of the plan by the department shall include, but shall not be limited to, consideration of the social and racial equity impacts of the plan. There shall not be more than 10 approved plans in effect at any given time.
Section 10B. Not less than annually, the Massachusetts Department of Transportation shall submit a report to the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on transportation that analyzes the public safety, traffic congestion, and social and racial equity impacts of this chapter. The Massachusetts Department of Transportation shall also publish the report on its website.
Section 11. The Massachusetts Department of Transportation shall promulgate rules and regulations necessary to implement this chapter.
SECTION 2A. Not later than 90 days from the effective date of this act, the Massachusetts Department of Transportation shall promulgate regulations to implement chapter 90J of the General Laws. The regulations shall include, but not be limited to: (i) establishing standardized forms for notices of violations and written warnings; (ii) developing uniform signage requirements for the purpose of complying with subsection (a) of section 6 of said chapter 90J; and (iii) establishing standards for the calibration of automated road safety camera systems under subsection (b) of section 7 of said chapter 90J.
“SECTION 3. The first report required under section 10B of chapter 90J of the General Laws shall be submitted not less than 2 years after the first plan is approved by the Massachusetts Department of Transportation under section 10A of said chapter 90J.
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[{'Description': 'SD1263 -- Cambridge', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16094&title=SD1263%20--%20Cambridge'}]
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[]
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An Act implementing the recommendations of the Walsh-Kennedy Commission Report
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S1484
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SD1363
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:01:09.9'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:01:09.9'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1484/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1484) of Nick Collins for legislation to implement the recommendations of the Walsh-Kennedy Commission Report. Public Safety and Homeland Security.
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SECTION 1. Notwithstanding and general or special law to the contrary, all certifications and training programs for cutting, welding, and hot works processes shall be performed using the existing National Fire Protection Association program or an equivalent program that includes a thorough and accessible electronic database that can be used to check a worker's status, multi-lingual in-class offerings, identity integrity safeguards, in-person original training, and subsequent annual continued education program either online or in person.
SECTION 2. Section 1 of Chapter 148 of the Massachusetts General Laws is hereby amended by inserting at the end thereof the following: ""Criminal Negligence", Repeated, reckless, and knowing failure to comply with the regulations contained in this chapter, and failure to perceive a substantial and unjustifiable risk that a result would occur from said failure. The risk must be of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in this situation."
SECTION 3. Section 34B of chapter 148 of the Massachusetts General Laws is hereby amended by striking out the section in its entirety and inserting in place thereof the following: "SECTION 34B. Any person who wantonly or recklessly violates the state building code or state fire code and thereby causes serious bodily injury to any person shall be punished by a fine of not more than $250,000 or by imprisonment in the state prison for not more than 5 years or in a house of correction for not more than 21/2 years, or both. Any person who wantonly or recklessly violates the state building code or state fire code and thereby causes death to any person shall be punished by a fine of not more than $500,000 and/or by imprisonment in the state prison for not more than 7 years or in a house of correction for not more than 5 years, or both. Any person found to have acted in accordance with the definition of criminal negligence in section 1 of this chapter may be determined to be criminally liable for damage or death stemming from repeated and reckless non-compliance with requirements set forth in this chapter. For purposes of this section, ''serious bodily injury'' shall mean bodily injury that results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death. SECTION 4. Section 34 of Chapter 148 is hereby amended by striking out the section in its entirety and inserting in place thereof the following: "Section 34. Except as otherwise provided, any person violating any provision of this chapter shall be liable to a fine of one hundred dollars, or, in case of a continuing offence after notice of such violation, to a fine of not more than one hundred dollars for every day during which the violation continues, unless said violation pertains to cutting, welding, or hot works processes. In the event of any person violating regulations regarding cutting, welding, or hot works processes, said person shall be liable to the following punishments: First offense: a fine of not more than $1,000 Second offense: a fine of not more than $2,000 and/or imprisonment in the house of correction for up to a year, provided that the Judge shall have the authority to take into account the size of the project on which the violation occurred and levy additional fines if the total cost said project is such that the fine is inadequate to deter continued offenses. Third and continuing offenses: a fine of not more than .025% of the total project value, or $10,000, whichever is greater, and/or imprisonment in the house of correction for up to 3 years." SECTION 5. Notwithstanding any general or special law to the contrary, the Department of Fire Safety shall, in consultation with the Department of Professional Licensure, or any other executive agency or department it deems necessary, establish a system of public notification and recording of non-compliance with regulations and statues pertaining to cutting, welding, and hot works processes. Said system may include: quarterly publications, an online database, an automated notification system to alert property owners, and/or communication with insurance companies.
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[]
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An Act relative to violation of regulation regarding hot work processes
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S1485
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SD1364
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:00:53.73'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:00:53.73'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1485/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1485) of Nick Collins for legislation relative to violation of regulation regarding hot work processes. Public Safety and Homeland Security.
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Notwithstanding any general or special law to the contrary, the Department of Professional Licensure shall establish a recording and public notification system of non-compliance with any provisions in Chapter 148, or any regulations, requirements, and statues pertaining to cutting, welding, and hot works processes. Said system shall include: an online database, an automated notification system to alert property owners, the general public, and insurance companies. The Department of Fire Services, and any municipal or governmental public safety agency that administers such violations, shall regularly notify the DPL of any violations. Violations shall include but not be limited to: failure to receive a Hot Works training certification prior to performing hot work, failure to perform hot work in accordance with DFS and municipal regulations, intentionally wrongfully identifying oneself for the purpose of performing hot work, or knowingly allowing the performance of hot work by someone without proper certification.
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An Act relative to the POST Commission
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S1486
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SD2274
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T09:27:02.11'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T09:27:02.11'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-23T15:35:14.7366667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-24T11:14:35.1966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1486/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1486) of Nick Collins for legislation relative to the membership of the Massachusetts Peace Officer Standards and Training Commission. Public Safety and Homeland Security.
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Section 2 of Chapter 6E of the Massachusetts General Laws, as appearing in the 2020 official edition, is hereby amended by striking the first sentence in Section 2 and replacing it with; “There shall be a Massachusetts Peace Officer Standards and Training Commission consisting of 11 members:” and adding to the last sentence of the first paragraph in Section 2 of Chapter 6E; “and 2 of whom shall be appointed by the Massachusetts District Attorney’s Association, 1 of whom shall be a sworn member of the Department of State Police who is appointed from a list of 2 nominations submitted by the President of the State Police Association of Massachusetts, and 1 of whom shall be a Juvenile Diversion Program professional appointed from a list of 2 nominations approved by a majority of the Board of the Massachusetts District Attorney’s Association.”
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Resolutions to embrace the Treaty on the Prohibition of Nuclear Weapons and move the US back from the brink of nuclear war
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S1487
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SD266
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:46:57.273'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:46:57.2733333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T15:02:03.51'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-15T09:54:20.9266667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T13:16:04.95'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-23T10:08:03.2366667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T15:18:10.54'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-14T12:03:56.9033333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-06-12T13:37:34.9066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1487/DocumentHistoryActions
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Resolution
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By Ms. Comerford, a petition (accompanied by resolutions, Senate, No. 1487) of Joanne M. Comerford, Lindsay N. Sabadosa, Tackey Chan, Erika Uyterhoeven and other members of the General Court for the adoption of resolutions to embrace the Treaty on the Prohibition of Nuclear Weapons and move the US back from the brink of nuclear war. Public Safety and Homeland Security.
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WHEREAS, the continued existence of more than 12,000 nuclear weapons worldwide poses a grave and existential threat to the citizens of the Commonwealth; and
WHEREAS, the Russian invasion of Ukraine and repeated threats to use nuclear weapons has dramatically increased the danger of nuclear war; and
WHEREAS, the citizens of the Commonwealth have expressed their deep concern about this continuing threat over many decades and continue to do so; and
WHEREAS, this concern has been expressed through numerous Town Meetings and City Council resolutions throughout the Commonwealth; and
WHEREAS, this concern has also been expressed through numerous resolutions and bills brought before this General Court, including at least 5 such bills introduced in the last legislative session on this topic; and
WHEREAS, in general it is the federal government and not the state which has jurisdiction over matters relating to nuclear weapons, this does not mean there is no role for the Commonwealth to play in this regard; and
WHEREAS, in fact, it has been shown that the policies and actions of states can lead the way to important and necessary changes at the federal level and even internationally; and
WHEREAS, the Commonwealth of Massachusetts played a leading role in ending the nuclear arms race with the Soviet Union in the 1980s, by adopting a Nuclear Freeze resolution and encouraging other states to follow our example and
WHEREAS, over 40 years later it is not a “freeze” of nuclear weapons that is needed to save the Commonwealth, and the world, from the unthinkable catastrophe of a nuclear war or a nuclear accident, but the complete elimination of these weapons, in line with the Treaty on the Prohibition of Nuclear Weapons, which entered into force as international law on January 22, 2021;
THEREFORE, be it resolved that the General Court of the Commonwealth of Massachusetts congratulates the 68 countries that have signed and ratified the Treaty on the Prohibition of Nuclear Weapons, and joins the legislatures of California and Oregon, the Maine State Senate, the New Jersey Assembly, Rhode Island Senate and the 20 cities and towns in Massachusetts which have taken action to protect their citizens from the existential threat of nuclear war by embracing this Treaty and endorsing the national Back from the Brink platform, which calls on our federal leaders to embrace the Treaty on the Prohibition of Nuclear Weapons and to take immediate steps to prevent nuclear war by actively pursuing a verifiable agreement among nuclear-armed states to eliminate their nuclear arsenals, renouncing the option of using nuclear weapons first, ending the President’s sole, unchecked authority to launch a nuclear attack, taking U.S. nuclear weapons off hair-trigger alert, and canceling the plan to replace its entire arsenal with enhanced weapons, and be it further
RESOLVED, that it shall henceforth be the policy of the General Court of the Commonwealth of Massachusetts to pursue whatever measures may be found necessary and appropriate to protect the citizens of the Commonwealth from the existential threat posed by nuclear weapons and to contribute in whatever ways it can, as a Commonwealth, towards the total elimination of these weapons from all countries, in line with the Treaty on the Prohibition of Nuclear Weapons; and be it further
RESOLVED, that copies of this resolution be transmitted forthwith by the clerk of the Senate to the President and Vice President of the United States, the Speaker and Minority Leader of the United States House of Representatives, the Majority and Minority Leaders of the United States Senate, and to each Senator and Representative from the Commonwealth in the Congress of the United States, and to the Governor of the Commonwealth.
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Resolve providing for an investigation and study by a special commission relative to the existential threats posed by nuclear weapons and climate change to the commonwealth of Massachusetts
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S1488
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SD606
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-16T13:52:32.137'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-16T13:52:32.1366667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T16:02:18.2233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1488/DocumentHistoryActions
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Resolve
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By Ms. Comerford, a petition (accompanied by resolve, Senate, No. 1488) of Joanne M. Comerford and Lindsay N. Sabadosa that provisions be made for an investigation and study by a special commission relative to the existential threats posed by nuclear weapons and climate change to the commonwealth of Massachusetts. Public Safety and Homeland Security.
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Resolved, that there shall be a special citizens commission to investigate and make recommendations regarding the transition away from the development and production of nuclear weapons within the commonwealth towards the development and production of green technologies needed to address the climate emergency;
The citizens commission shall investigate and report on the extent to which jobs, businesses and communities in the commonwealth are dependent on the development and production of nuclear weapons and the extent to which funds under the control of the commonwealth are invested in those activities. The commission shall further investigate and make recommendations regarding any financial or legal measures that may assist or encourage the transition from nuclear weapons-related jobs and activities taking place within the commonwealth to jobs and activities that instead directly address the climate emergency. The commission shall determine what assistance from the federal government would be needed to implement its recommendations and how Massachusetts as a state might leverage the federal government to provide such assistance.
The citizens commission shall consist of 11 United States citizens who are residents of Massachusetts, 1 of whom shall be appointed by the speaker of the house of representatives; 1 of whom shall be appointed by the senate president; 1 of whom shall be appointed by the secretary of the commonwealth; 1 of whom shall be appointed by the attorney general; and 7 of whom shall be appointed by the governor, of whom 6 shall be selected by the governor from a group of 10 individuals nominated by Massachusetts Peace Action, Inc., Climate Action Now, Mass Climate Action Network, Massachusetts Council of Churches, Massachusetts Labor Federation, Massachusetts Chamber of Commerce, Massachusetts League of Women Voters, Massachusetts Young Professionals Association, Massachusetts Interfaith Power and Light, Inc., Union of Concerned Scientists, Inc. and Massachusetts Municipal Association; provided, however, that all appointments shall be made from a list of applicants who have publicly applied for such appointment. The governor’s office shall post all applications on a webpage, established for the public knowledge and oversight of the appointment to and operation of the commission. No person may be appointed to the commission who is a current or former employee of any company or military installation involved in the development, production or maintenance of nuclear weapons.
An application to serve on the commission shall state: (i) the intent of the applicant to comply with and advance the policy established by this resolve; (ii) the applicant’s qualifications and interest in serving on the commission; (iii) the city or town in which the applicant resides; and (iv) the employment of the applicant, if employed. The governor shall post the appointment opportunity on the official website of the commonwealth within 30 days of the effective date of this resolve. All applications for service on the commission shall be submitted within 30 days of the posting of the appointment opportunity.
All appointments shall be made no sooner than 90 days and no later than 120 days following the effective date of this resolve. In making appointments to the commission, the speaker of the house of representatives, senate president, secretary of the commonwealth, attorney general and governor shall consider the range of expertise needed on the commission, and shall seek to ensure that the commission reflects a range of geographical and demographic backgrounds. Appointees to the commission shall serve without compensation. The governor’s initial appointee shall convene the first meeting of the commission no later than 30 days after the appointment of the final member of the commission. Members of the commission shall, at their first meeting, elect a chair or co-chairs, as the members of the commission may decide by majority vote. The commission shall meet on a regular basis to research and to gather evidence, testimony and advice in the manner that the members of the commission determine is most conducive to achieving the objectives of this resolve; provided, however, that the commission proceedings and activities shall be subject to the open meeting law established by sections 18 to 25, inclusive, of chapter 30A of the General Laws and shall be considered public records as defined in clause Twenty-sixth of section 7 of chapter 4 of the General Laws; and provided further, that all residents of Massachusetts have a reasonable opportunity to offer their views and ideas related to the policies herein to the commission.
The commission shall hold at least 5 public hearings in different parts of the commonwealth to inform citizens and legislators about the humanitarian consequences to the commonwealth resulting from any possible use of nuclear weapons and the implications of the Treaty on the Prohibition of Nuclear Weapons, including but not limited to a full appraisal of how jobs, technologies and industries currently devoted to nuclear weapons within the commonwealth are likely to be affected by the Treaty and the options for converting these to jobs and activities that instead address the climate emergency.
The commission shall report the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerk of the house of representatives and clerk of the senate, with copies to the governor, lieutenant governor, attorney general, and all members of the Massachusetts federal congressional delegation, on or before December 31, 2025. The report may include recommendations for specific legislation aimed at reducing the exposure of private companies and public institutions within the commonwealth to the legislative risk of investing in nuclear weapons. The report may also include recommendations for the effective transferal of human and financial resources within the commonwealth away from the nuclear weapons business and towards the global effort to address the climate emergency.
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An Act creating a Municipal and Public Safety Building Authority
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S1489
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SD2257
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-20T14:17:35.53'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-20T14:17:35.5466667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-15T09:52:17.2366667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-26T16:26:58.0733333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-22T15:00:56.3266667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-12T09:28:35.1433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1489/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1489) (subject to Joint Rule 9) of Joanne M. Comerford, Susannah M. Whipps and Colleen M. Garry for legislation to create a Municipal and Public Safety Building Authority. Public Safety and Homeland Security.
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SECTION 1. 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 and Public Safety Building Authority, established under section 1 of chapter 40Y.
''Dedicated marijuana sales tax revenue amount'', all moneys received by the commonwealth equal to 33 per cent of the receipts from the excise tax imposed on sales of marijuana and marijuana products under section 2 of chapter 64N.
(b) There is hereby established and set up on the books of the Commonwealth a separate fund, to be known as the Municipal and Public Safety Building Modernization and Reconstruction Trust Fund. The authority shall administer the fund for the purpose of assisting municipalities with the construction of or improvements to municipal or public safety buildings including, but not limited to, police stations, fire stations, city or town offices, city or town halls and department of public works facilities. There shall be credited to the fund the dedicated marijuana 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 a 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 8 of chapter 40Y 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 section 2 of chapter 64N shall not be reduced below the rates prescribed by this section.
SECTION 2. The General Laws are hereby amended by inserting after chapter 40X the following chapter:-
Chapter 40Y.
Section 1. For the purposes of this chapter, the following words shall have the following meanings:-
“Advisory board”, the municipal and public safety building assistance advisory board.
''Authority'', the Massachusetts Municipal and Public Safety Building Authority.
“Municipal building,” any building owned and operated by a city or town.
“Public safety services”, city or town police, fire, and emergency medical service departments.
“Public safety project”, any capital construction or major reconstruction project; the lease of buildings or modular facilities; or arrangements with other nonprofit or municipal entities to build, provide or improve a public safety facility.
“Public safety facility”, a building or portion of a building that contains providers of public safety services.
“Rural”, a municipality with a population density of less than 500 persons per square mile.
Section 2. (a) There is hereby created a body politic and corporate and a public instrumentality to be known as the Massachusetts Municipal and Public Safety 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 chair, the secretary of administration and finance or designee, the secretary of the executive office of public safety and security or designee, the Senior Deputy Commissioner of the division of local services or designee, and 5 additional members appointed by the state treasurer, 1 of whom shall have practical experience in public safety facilities planning, design, or construction, 1 of whom shall be a person in the field of firefighting, law enforcement or emergency medical services, 1 of whom shall have practical experience in public building planning, design, or construction, 1 of whom shall be a serving or former municipal official, and 1 of whom shall be in the field of municipal management or municipal public works with demonstrated knowledge of Massachusetts facility needs and 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. In making appointments, the treasurer shall maximize geographic, racial and ethnic diversity among members of the authority.
(c) Five members of the authority shall constitute a quorum, and the affirmative vote of 5 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 understanding the municipal and public safety, 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. The authority shall be subject to all provisions of 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 3. There is hereby established a municipal and public safety building assistance program. The purpose of the program shall be to assist cities and towns with the costs of municipal building and public safety projects; to conduct surveys and studies relative thereto; and to administer the provisions of this chapter relative to grants and loans to cities and towns for the planning, construction or improvement of municipal building and and public safety projects.
The purposes of the program shall be the provision of financial assistance to cities and towns as beneficiaries of the trust to finance and refinance the costs of approved municipal building and public safety projects as provided in, and as necessary to implement this chapter, including without limitation providing for the payment of grants approved pursuant to this chapter and the payment of all costs of the authority, including professional and financial services incident to the conduct of its operations.
The authority shall establish general policy and review standards regarding municipal building and public safety facility construction, renovation, maintenance and facility space, and administer, oversee and manage the municipal and public safety building assistance program in accordance with this chapter. In carrying out its duties, the authority shall be guided by the following principles: preservation of open space and minimization of loss of such open space, emphasis on thoughtful community development, environmental and health benefits, and project flexibility that addresses the needs of individual communities and municipalities. The authority shall promote regional equity in its grants and other activities, and shall prioritize assistance to cities and towns with less financial resources, those that are regionalizing services, and those that disproportionately contain environmental justice populations, as defined by section 62 of chapter 30; provided, that the authority shall provide no less than 10 per cent of its financial assistance to municipal building and public safety projects in rural cities and towns. The authority shall establish standards, and a funding formula for local contributions and assistance amounts based on a municipality's ability to pay and that reflect available funds and the principles, priorities and powers of the authority under this chapter.
In accordance with the terms of any bond resolution, trust or security agreement or credit enhancement agreement, surety bond or insurance policy related to indebtedness incurred by the authority secured by amounts provided to the trust in accordance with section 35TTT of chapter 10, the holders of indebtedness and the providers of any credit enhancement, surety bond or insurance policy shall also be beneficiaries of the trust. The authority shall apply and disburse moneys and revenues of the trust without further appropriation or allotment.
Specific powers of the authority shall include, but not be limited to, the following:
(a) review, approve or deny grant applications, waivers and other requests submitted to the program; review, approve and recommend changes to grant payment schedules or suspend said schedules for program projects such as refinancings, audit findings and such other circumstances that may warrant such action;
(b) provide architectural or other technical advice and assistance, training and education, to cities and towns or to joint committees thereof and to general contractors, subcontractors, construction or project managers, designers and others in the planning, maintenance and establishment of municipal buildings or public safety facilities;
(c) recommend to the general court such legislation as it may deem desirable or necessary to further the purposes of this chapter;
(d) develop or use an existing municipal building or public safety facility needs projection model;
(e) to apply for, receive, administer and comply with the conditions and requirements respecting any grant, gift or appropriation of property, services or moneys;
(f) to enter into contracts, arrangements and agreements with other persons and execute and deliver all trust agreements, grant agreements and other instruments necessary or convenient to the exercise of the powers of the trust;
(g) to borrow and repay money by issuing bonds or notes of the trust, to apply the proceeds thereof as provided in this chapter and to pledge or assign or create security interests in any revenues, receipts or other assets or funds of the trust to secure bonds or notes;
(h) develop a project priority system;
(i) collect and maintain a clearinghouse of prototypical municipal building and public safety facility plans which may be consulted by eligible applicants;
(j) determine eligibility of cost components of projects for reimbursement, including partial or full eligibility for project components for which the benefit is shared between a public safety entity and municipal entities;
(k) establish appropriate rules and regulations as may be necessary to carry out the purposes of this chapter;
(l) prepare an annual budget for the administration of the program;
(m) collect and maintain data on all municipal building and public safety facilities in the commonwealth, including information on size, services, number of employees, available facility space, and maintenance;
(n) perform or commission a needs survey to ascertain the capital construction, reconstruction, maintenance and other capital needs for municipal building and public safety services in the commonwealth;
(o) develop a long term capital plan in accordance with needs and projected funding;
(p) adopt and amend bylaws and such rules, regulations and procedures for the conduct of the business of the trust as the board shall deem necessary to carry out the provisions of this chapter;
(q) establish and maintain reserves;
(r) disburse amounts due to cities and towns under grants approved by the authority to finance or refinance costs of approved municipal building and public safety projects and, in conjunction therewith, finance or refinance the local share of costs of these projects, through the purchase of bonds, notes or other evidences of local indebtedness, at the rates and on the terms that the authority may in its discretion determine, and provide for the payment of all costs of the authority, including professional and financial services incident to the conduct of its operations;
(s) invest the funds of the trust in such investments as may be legal investments for funds of the commonwealth or any fiduciary in the commonwealth;
(t) obtain insurance and enter into agreements of indemnification necessary or convenient to the exercise of the powers of the trust;
(u) sue and be sued and to prosecute and defend actions relating to the affairs of the trust; but the trust shall not be authorized to become a debtor under the United States Bankruptcy Code;
(v) engage accounting, management, legal, financial, consulting and other professional services necessary to the operations of the trust; and
(w) do all things necessary or convenient to carry out the purposes of this chapter.
The chair of the authority shall appoint an executive director, who shall supervise the administrative affairs and general management and operations of the authority and who shall also serve as secretary of the authority, ex officio. The executive director shall receive a salary commensurate with the duties of the office, and may be removed by the board for cause. The executive director may appoint other officers of the authority necessary to the functioning of the authority. The executive director shall designate no fewer than 1 employee to be a municipal liaison to assist cities and towns with concerns regarding the construction of municipal and public safety buildings. Sections 9A, 45, 46, and 46C of chapter 30, chapter 31 and chapter 150E shall not apply to the executive director or any other employees of the authority. The executive director shall, with the approval of the authority: (i) plan, direct, coordinate and execute administrative functions in conformity with the policies and directives of the authority; (ii) employ professional and clerical staff as necessary; (iii) report to the authority on all operations under his control and supervision; (iv) prepare an annual budget and manage the administrative expenses of the authority; and (v) undertake any other activities necessary to implement the powers and duties set forth in this chapter.
Section 4. There shall be a municipal and public safety building assistance advisory board comprised of: the state auditor or a designee; the inspector general or a designee; the superintendent of the state police or a designee; the state fire marshal or a designee; the director of the Massachusetts emergency management agency or a designee; a representative of the Rural Policy Advisory Commission, the executive director of the authority, who shall serve as the secretary to the advisory board and shall be a nonvoting member of the board; and 12 members to be appointed by the chair to represent the following organizations: the Massachusetts Municipal Association, Small Town Administrators of Massachusetts, the Massachusetts Association of Regional Planning Agencies, the Metropolitan Area Planning Council, the Massachusetts Public Health Association, the Massachusetts Mayors Association, Inc., the Massachusetts Police Association, the Massachusetts Coalition of Police, the Massachusetts Chiefs of Police Association, the Professional Fire Fighters of Massachusetts, Fire Chiefs' Association of Massachusetts, Massachusetts Taxpayers Foundation, and the American Institute of Architects-Massachusetts. The advisory board shall assist the authority in the development of general policy regarding municipal and public safety building construction, renovation, reconstruction, maintenance and facility space, regional equity, protection of public safety, preservation of open space and minimization of loss of open space, thoughtful community development, cost management, and shall provide technical advice and input to the authority. The advisory board shall meet at least quarterly. In making appointments, the chair shall maximize geographic, racial and ethnic diversity among members of the advisory board.
Section 5. The authority, in cooperation with the state treasurer, shall at all times keep accounts of all receipts, expenditures and disbursements and all assets and liabilities of the authority, which shall be open to inspection by any officer or duly appointed agent of the commonwealth.
Section 6. Any eligible applicant may apply to the authority for reimbursement, in whole or in part, of any expenses incurred for educational, engineering and architectural services incidental to the planning of a municipal building or public safety project or any expenses incurred for surveys made of municipal or public safety building needs and conditions, the contract for which has been approved by the authority. Such application shall be accompanied by information and documentation that the authority may require.
Section 7. An eligible applicant may submit to the authority a statement of interest which shall be approved by a vote of the applicable local governing body or bodies as set forth and in a form prescribed by the authority, and which shall state what the eligible applicant believes are the deficiencies in said eligible applicant's municipal building and public safety facilities that meet one or more of the priorities established by the authority. Said statement of interest shall be accompanied by such additional forms, documents, and information as the authority shall deem necessary to review the statement. The submission for a statement of interest shall not commit the authority to accept any further application materials, approve an application, or provide a grant or any other type of funding, or place any other obligation or requirement upon the authority. The authority shall notify an eligible applicant if the authority determines that the statement of interest has not met the criteria established by the authority.
If the authority determines that the statement of interest and associated material merits further consideration, the authority may, in its discretion, invite the eligible applicant to apply to the authority for a project grant to meet in part the cost of a municipal or public safety building project; but, a city or town shall not have an entitlement to funds under this chapter except at the discretion of the authority in accordance with this chapter. An application shall include documents, forms, letters, statements, certifications, plans, studies, drawings, and other data and information required by the authority to be submitted within the deadlines and in the format prescribed by the authority and shall be accompanied or supplemented by drawings, plans, estimates of cost and proposals for defraying the costs or any additional information the authority may require, before construction is undertaken. The authority shall require a maintenance plan to be submitted as part of the application to address any required updates to the public safety building following the completion of construction. The authority shall promulgate regulations establishing the procedural steps by which applications must be made and reviewed, and may at any time during the application process determine that the application does not warrant further consideration, pursuant to the priority criteria established by the authority. In the event that an eligible applicant undertakes construction before approval is obtained, the eligible applicant shall remain subject to the authority's approval process as if the construction were not undertaken.
Section 8. (a) Upon receipt of an application under section 7, from time to time, the authority may designate approved municipal building and public safety projects. The authority shall examine forthwith the applications and any facts, estimates, or other information relative thereto, and shall make the following findings in order to designate a public safety project as an approved municipal building or public safety project:
(1) The municipal building or public safety project is in the best interests of the commonwealth and the eligible applicant, with respect to its site, type of construction, sufficiency of accommodations, open space preservation, urban development, urban sprawl, benefits to a rural region, energy efficiency, impact of building on the health of occupants and otherwise.
(2) The municipal building or public safety project will address the needs of the municipality and improve the lives of residents.
(3) The municipal building or public safety project has a value over its useful life commensurate with the lifecycle cost of building, operating, and maintaining the project.
(4) The municipal building or public safety project is within the capacity of the authority to finance within revenues projected to be available to the trust, established pursuant to section 35TT of chapter 10.
The authority shall also consider the availability of funds projected in the trust and other financial obligations of the authority, the authority's long term capital plan, the results of needs surveys, and standards under section 9 and otherwise as prescribed by law and regulation.
(b) Within a reasonable time after receipt of the application the authority shall notify the applicant of its approval or rejection of the application, and, in the event of its rejection, of the reasons for the decision. The notice of approval shall be accompanied by a statement of the estimated approved cost as determined by the authority, and an estimate of the amount of total assistance amount which the applicant may be eligible to receive, based on approved costs
(c) Any municipality which has received, in accordance with subsection (b), notice of approval and an estimate of the amount of a project grant, may borrow from time to time to finance that portion of the cost of the approved municipal building or public safety project not being paid by such project grant, in such amount approved by the board of selectmen, mayor or city manager of the city or town, and may issue bonds or notes therefor which shall bear on their face the words --(name of city, town or) “Municipal Building Project Loan, chapter 40Y” or “Public Safety Facility Project Loan, chapter 40Y”. Each authorized issue shall constitute a separate loan, and the loans shall be paid in not more than 25 years from their dates or up to 30 years if consistent with the guidelines established by the director of accounts pursuant to section 38 of chapter 44. Any city or town which has received, in accordance with subsections (b), notice of approval and an estimate of the amount of a project grant may issue and renew temporary notes. The authority shall issue regulations relative to issuance of temporary notes for public safety facilities construction. Indebtedness incurred under this chapter shall be outside the statutory debt limit but shall, except as herein provided, be subject to chapter 44.
(d) A city or town may borrow for a term of not more than 5 years for the cost of feasibility studies as may be required to apply for a project grant under this chapter.
Section 9. (a) In order to maximize the cost effective production of efficient and creative municipal building and public safety projects, the authority shall require that every municipal building and public safety project conform to standards and procedures as the authority considers appropriate including, not but limited to, the following: (1) that the applicant fully consider all available options for satisfying the described need, including acquisition and any necessary rehabilitation or usage modification of any existing building which could be made available for municipal or public safety use; (2) that the applicant's site selection is based on the cost and environmental factors, including an awareness of soil conditions and their probable effect on foundation and site development costs, transportation effects, dislocation of site occupants and relationship to other community facilities; (3) that the applicant enter into contracts, using forms satisfactory to the authority for such competent architectural, engineering and other services as may be required; and (4) that procedures satisfactory to the board are followed by the applicant throughout the planning and construction of the project such as will assure maximum attention to the operating and capital cost effects of program and design decisions, materials and systems selections.
(b) The authority shall issue annually, as hereinafter provided, maximum eligible cost standards and size standards for municipal building and public safety projects. The program standards shall define prototype design and space recommendations for public safety projects eligible for state financial assistance. The program standards shall, in the judgment of the authority, be in conformity with the minimum requirements of state law and shall be based on the price experience of recently completed and recently bid municipal and public safety projects, taking into account the cost effectiveness of design and construction, differences in cost due to geographic location, consideration of facility size, and other factors used in the projects.
(c) On or before March 1 each year, the authority shall adopt interim regulations, including program and maximum cost standards for the implementation of this chapter. Upon the adoption of such regulations, the authority shall file copies thereof with the clerk of the house of representatives who shall refer such regulations to an appropriate committee of the general court. Within 30 days after the filing, said committee may hold a public hearing on the regulations, shall issue a report, and file a copy thereof with the board. The board shall adopt final regulations making such revisions in the interim regulations as it deems appropriate in view of the committee report and shall forthwith file a copy of the regulations with the chairs of the committee of the general court to which the interim regulations were referred. Not earlier than 30 days after the date of such filing, the board shall file the final regulations with the state secretary and the regulations shall then take effect.
(d) A city or town shall not have entitlement to funds under this chapter except at the discretion of the authority in accordance with this chapter.
Section 10. The authority may determine by regulation any effect if a city or town sells or leases a municipal building or public safety facility that received financial assistance for a public safety project.
Section 11. (a) On or before June 30 of each year, the authority shall submit a report to the governor, the house and senate committees on ways and means, the joint committee on public safety and homeland security, the joint committee on bonding, capital expenditures and state assets, and the joint committee on municipalities and regional government, that includes financial statements relating to the operations, assets and expenditures of the authority maintained in accordance with generally accepted accounting principles so far as applicable and audited by an independent certified public accountant firm. The report shall analyze the anticipated financial needs for municipal and public safety facilities projects of the kind that qualify for assistance under this chapter. The report shall include a listing of each municipal or public safety building, together with a description of its municipal building or public safety services, number of population served, age and state of maintenance and whether it is likely to require construction, enlargement, reconstruction, rehabilitation or improvement due to such factors as deterioration, lack of adequate facilities to meet public needs and changing number of population served.
(b) The authority shall conduct periodic surveys of the cities and towns to determine the need for new municipal building and public safety facility construction to meet demand.
(c) The authority shall develop a long-term capital plan in accordance with needs and funding projected to be available in the trust under this chapter for purposes of planning and guiding the policies of the authority.
(d) The capital plans, needs surveys and reports of the authority shall not give rise to any claim, legal or moral, or enforceable right in any party to benefits or funds from the trust or from other sources.
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[{'Description': 'Memorandum of the Massachusetts Secretary of State on Senate 1489', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16475&title=Memorandum%20of%20the%20Massachusetts%20Secretary%20of%20State%20on%20Senate%201489'}]
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An Act modernizing lottery payment options
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S149
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SD468
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T16:52:47.69'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T16:52:47.69'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S149/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 149) of Brendan P. Crighton for legislation to modernize lottery payment options. Consumer Protection and Professional Licensure.
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Section 24 of chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the word “agents”, in line 17, and inserting in place thereof the following words:-
“agents; provided, further, that said restriction shall not govern the transmittal of lottery information and sales for the purpose of facilitating point of sale transactions”.
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An Act relative to a fresh start
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S1490
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SD618
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T13:58:46.973'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T13:58:46.9733333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T12:00:52.3966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1490/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1490) of Cynthia Stone Creem and Vanna Howard for legislation relative to a fresh start. Public Safety and Homeland Security.
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SECTION 1. Section 98F of Chapter 41 is herby amended by striking out in the last sentence the word "18" and inserting in place thereof the following word:- "25".
SECTION 1. Section 98F of Chapter 41 is herby amended by striking out in the last sentence the word "18" and inserting in place thereof the following word:- "25".
SECTION 2. Notwithstanding any special or general laws to the contrary, Chapter 41 of the General Laws is hereby amended by inserting after section 98F the following section:-
Section 98FF. (a) There shall be within the Executive Office of Public Safety a Fresh Start Program to: (i) serve the purpose of removing the negative collateral consequences, including but not limited to difficulty in gaining employment, mental health challenges, and varied other barriers to social and economic mobility, of past stories reported online about an individual’s criminal offense(s) or other events as deemed applicable by the program; (ii) allow any individual the opportunity to submit a request to update, remove, or anonymize a story published online through a specified media outlet(s); (iii) share written recommendations to specified media outlets with respect to each individual's request for changes to past stories based upon the review of the program, providing that all media outlets will be encouraged to accept the recommended decisions of the program; and (iv) include the promotion of diverse marketing and promotion efforts to ensure awareness of this program to the general public.
(b) There shall be a Fresh Start Coordinating Council that will be responsible for: (a) identifying best practices for pre-publication reporting and unpublishing protocols; (b) establishing a set of guidelines for the review of applications submitted by all individuals based upon the above mentioned best practices, providing that such guidelines shall be adopted only after the approval of the Council by a majority vote in the affirmative of those members so voting; (d) providing recommendations to the Secretary of the Executive Office of Public Safety and Security for the appointment of the Director of the Fresh Start Program, known as the Director; (e) developing best practices and journalistic standards for the reporting or un-reporting of any offenses committed by young adults under the age of 25; and (f) approving and managing any appeal process for final decisions of all applications based on the guidelines set by the Council.
(c) The Council shall consist of twenty-five members to be appointed with the approval of the Governor. Said Council members shall advise the Director in all matters relating to oversight and supervision of the program. The Council shall be comprised of the following members: one of whom shall be a member of the house of representatives to be appointed by the Speaker of the House, one of whom shall be a member of the Senate to be appointed by the Senate President; one of whom shall be the Secretary of Public Safety and Security or a designee; not more than ten representatives from daily newspapers or other media outlets in Massachusetts that have an online publication; one of whom shall be the executive director of the American Civil Liberties Union of Massachusetts, Inc. or a designee; one of whom shall be the Chief Justice of the Trial Court or designee; one of whom shall be the president of the Massachusetts Major City Chiefs of Police Association; one of whom shall be the Chief Counsel of the Committee for Public Counsel Services or designee; one of whom shall be the President of the Massachusetts District Attorney Association or designee; three of whom have past histories of incarceration to be appointed by the Secretary of the Executive Office of Public Safety and Security; and no less than four of whom to be appointed by the Governor, including representatives of two organizations dedicated to serving justice-involved young adults. Said members shall elect a chairperson and shall meet at least quarterly for a minimum of two year terms as set by the Secretary. The Council shall submit a report annually by July 1 to the governor and the clerks of the senate and house. The report shall include: (i) data related to the percentage of applications received; (ii) periodic benchmarks for, and strategies to achieve, any stated goals; (iii) data demonstrating the number and percentage of decisions that were accepted by media outlets; and (iv) any additional recommendations or findings.
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An Act relative to preventing illegal trafficking of firearms
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S1491
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SD627
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T14:11:30.383'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T14:11:30.3833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1491/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1491) of Cynthia Stone Creem for legislation to prevent illegal trafficking of firearms. Public Safety and Homeland Security.
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SECTION 1. Subclause (j) of clause twenty-sixth of section 7 of chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “cards”, in line 206, the following words: - , but such names and addresses shall be made available to law enforcement or other investigative officials, including district attorneys, assistant district attorneys, the attorney general and assistant attorneys general for purposes of enforcing subsection (c) of section 131E of chapter 140.
SECTION 2. Section 123 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking the striking in line 27 the words “forthwith at” and inserting in place thereof the words: - within thirty minutes of.
SECTION 3. Section 123 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after the word “condition.”, in line 247, the following sentences: - Twenty-second, That no licensee shall sell, rent or lease a firearm or large capacity weapon without first: (i) obtaining a signed declaration from the purchaser, renter or lessee, on a form furnished by the executive director of the criminal history systems board, that such individual has not purchased, rented or leased, as those terms are used in section 121 and subsection (c) of section 131E of this chapter, any firearm or large capacity weapon during the previous 30 days, or that such individual is an exempt person as set forth under subsection (c) of section 131E of this chapter; (ii) forwarding such declaration to the executive director of the criminal history systems board; and (iii) receiving notification from the criminal history systems board that the purchaser, renter or lessee has not purchased, rented or leased any firearm or large capacity weapon during the previous 30 days, or that such individual is an exempt person as set forth under subsection (c) of section 131E of this chapter. Such notification from the criminal history systems board shall be valid for no more than two business days after the criminal history systems board issues the notification, after which time the licensee must receive a new notification before completing a sale, rental or lease of a firearm or large capacity weapon to such purchaser, renter or lessee. Such declaration from the purchaser, renter or lessee shall not be a defense in any action brought against a licensee.
SECTION 4. Section 128 of said chapter 140 of the General Laws, as so appearing, is hereby amended by replacing in lines 5 and 6 the words “or twenty-first” and inserting in place thereof the words “,twenty-first or twenty second”.
SECTION 5. Paragraph (1) of section 129B of said chapter 140, as so appearing, is hereby amended by striking in line 100 the word “or” and by inserting after clause (xi) in line 102 the following :-
“or (xii) has been convicted of a violation of subsection (c) of section 131E of this chapter.”
SECTION 6. Paragraph (d) of section 131 of said chapter 140, as so appearing, is hereby amended by striking in line 144 the word “or” and by inserting after clause (x) in line 146 the following :-
“or , (xi) has been convicted of a violation of subsection (c) of section 131E of this chapter.
SECTION 7. Section 131A of said chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after the words “proper purpose”, in lines 5 and 6, the following words: - and does not violate the firearm or large capacity weapon purchase, rental or lease limitation in subsection (c) of section 131E of this chapter.
SECTION 8. Section 131E of said chapter 140 of the General Laws, as so appearing, is hereby amended by adding the following subsection: -
(c) no person, other than an exempt person hereinafter described, shall purchase, rent or lease more than one firearm or large capacity weapon in any 30 day period. The term “rent or lease” as used herein shall not apply to the rental or lease of a firearm or large capacity weapon for a duration of less than 48 hours, provided, however that such firearm is rented or leased from a licensee who is licensed under the provisions of section 122 and subject to the conditions described in section 123.
The provisions of this subsection shall not apply to the following persons and uses:
(1) Any law enforcement agency or authority;
(2) Any branch of the United States military, including the national guard;
(3) Any persons in any branch of the United States military or police officers and other peace officers who are acquiring firearms for the purposes of performing their official duties or when duly authorized by their employer to purchase them;
(4) Any licensed watch, guard or patrol agency or their licensed employees in the course of their employment under sections 22 and 25 of chapter 147;
(5) Any person who has been certified as a licensed collector by the criminal history systems board;
(6) A federal, state or local historical society, museum or institutional collector open to the public;
(7) Any exchange of a firearm or large capacity weapon for another firearm or large capacity weapon purchased, rented or leased from the licensed dealer by the same person seeking the exchange within 30 days immediately before the exchange;
(8) A firearms surrender program authorized by and in compliance with section 131O of this chapter.
A non-exempt person who purchases, rents or leases more than one firearm or large capacity weapon in any 30 day period shall be punished, for a first offense, by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both such tine and imprisonment; and for any subsequent offense shall be punished by a fine of not less than $ 1,000 and not more than $5,000, or by imprisonment for not more than two and one-half years, or by both such fine and imprisonment. The punishments under this subsection shall be separate from the procedures established for the denial, revocation or suspension of firearm identification cards, licenses and permits provided under this chapter.
Any person or licensee who sells, rents or leases a firearm or large capacity weapon to a non-exempt person under this section, with knowledge or reason to know that the person has purchased, rented or leased a firearm or large capacity weapon within the previous thirty days shall be punished, for a first offense, by a fine of not more than $5,000 or by imprisonment of not more than two and one-half years, or by both such fine and imprisonment; and for any subsequent offense shall be punished by a tine of not less than $1,000 and not more than $10,000 or by imprisonment for not more than five years, or by both such fine and imprisonment. These punishments shall be separate from the procedures established for the denial, revocation or suspension of firearm identification cards, licenses and permits provided under this chapter.
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An Act relative to crime gun data reporting and analysis
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S1492
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SD659
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T14:39:48.887'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T14:39:48.8866667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T11:00:27.9933333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-09T10:02:44.5433333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-27T14:12:54.67'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T11:33:06.9766667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-06-09T15:14:28.82'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1492/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1492) of Cynthia Stone Creem, Michael J. Barrett and Patrick M. O'Connor for legislation relative to crime gun data reporting and analysis. Public Safety and Homeland Security.
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SECTION 1. Section 18 ¾ of Chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking paragraph (10) and inserting in place thereof the following paragraph:-
(10) to develop or solicit proposals for a university or nonprofit to develop a biennial report analyzing the firearms trace data collected under section 131Q of chapter 140 of the General Laws and non-identifying gun sales transaction data held by the firearms records bureau. Such report shall be sent to the clerks of the house of representatives and senate, the house and senate committees on ways and means and the house and senate chairs of the joint committee on public safety and homeland security not later than March 1 of every even-numbered year. The report shall contain, but not be limited to, the following information: (i) statistics related to firearms crimes; (ii) arrests and prosecutions of firearms-related offenses, to serve as an examination of the effectiveness of the commonwealth’s firearms-related regulations; (iii) aggregate data on the source of firearms that have been confiscated and identified as being used in a crime or in an attempted or completed suicide during the report period, including aggregate information on the manufacturer, state of origin and last known point of sale, transfer, loss or theft of such firearms; (iv) an explanation of substantial changes in state and federal firearms-related laws and firearms-related statistics in the commonwealth; (v) the effectiveness of section 128B of chapter 140; (vi) the effectiveness of current reporting mechanisms for lost and stolen guns, including identifying the number of guns traced to crime that were determined to have been lost or stolen and, of these, how many were reported lost or stolen prior to their use in the commission of a crime; and (vii) firearm purchase and sales patterns as they relate to firearms traced to crime, including an analysis of the number of guns traced to a crime that were originally purchased from each licensed gun dealer in the commonwealth or purchased through a secondary private seller; and (viii) an analysis of whether the license number used for the purchase or transfer of any firearm used in a crime was associated with the purchase or transfer of any other firearms, in this or any other jurisdiction, within a 12 month period prior or subsequent to the sale of the recovered firearm and the total number of such firearms purchased or transferred by that license holder and whether any of such firearms were also used in crime. Provided, further that, all data referenced herein or relied upon in compiling the report shall accompany the report in an aggregate and non-identifying format. "
SECTION 2. The initial report required by this act shall include an analysis and compilation of all relevant data as of August 11, 2014.
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An Act relative to rehabilitation, re-entry, and human rights for incarcerated persons
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S1493
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SD1406
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T15:21:48.583'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T15:21:48.5833333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-07T15:12:24.9166667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-07T15:12:24.9166667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-07T15:12:24.9166667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T13:39:21.66'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-10T15:19:27.9533333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-27T10:50:40.9333333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-27T10:50:40.9333333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-29T16:49:24.9233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1493/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1493) of Cynthia Stone Creem, Joanne M. Comerford, John J. Cronin, Lindsay N. Sabadosa and other members of the General Court for legislation relative to rehabilitation, re-entry, and human rights for incarcerated persons. Public Safety and Homeland Security.
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SECTION 1. Chapter 127, as appearing in the 2020 Official Edition, is hereby amended by inserting the following new section immediately after section 48B:-
Section 48C:
(a) Definitions. For purposes of this section, the following definitions apply:
“Cell” means any room, area, or space that is not a shared space conducive to meaningful, regular, and congregate social interaction among many people in a group setting, where an individual is held for any purpose.
“Congregate” means more than one person together in a space without barriers between them.
“Out of cell” means a space outside of, and in an area away from, a cell, in a group setting with other people all in the same shared space without physical barriers, conducive to meaningful and regular social interaction and activity.
(b) The commissioner and administrators of state prisons and county facilities shall, by the effective date of this legislation, promulgate regulations to maximize out of cell time and opportunities for participation of incarcerated people in education, training, employment, and all other programming including programming related to rehabilitation, health care, and substance use. At a minimum, the commissioner and administrators of state prisons and county facilities shall ensure that:
(1) All incarcerated people shall have the opportunity to access at least one hour of congregate programming per day which is eligible for good conduct deductions under Mass. Gen. Laws chapter 127 section 129D. Programming in addition to the one hour daily required by this section shall be maximized and may include individual tablet-based programming as well as other individual and congregate programming.
(2) All incarcerated people shall have the opportunity to access vocational and educational training and work opportunities, including in the community. Community partnerships for vocational training shall be maximized, and vocational training shall be updated in accordance with evolving community needs to increase the potential for successful re-entry.
(3) All incarcerated people shall have the opportunity to earn good conduct deductions pursuant to Mass. Gen. Laws chapter 127 section 129D every month through a combination of in-person and virtual education, vocational, and rehabilitation programming and work.
(4) All incarcerated people shall have the opportunity to create organizations and affinity groups for peer support, peer-led programming, and self-improvement.
(5) Except for operational emergencies, all incarcerated people shall be offered at least eight hours out of cell per day. Incarcerated people shall not be handcuffed, shackled, restrained to a chair or table, or otherwise restrained during out of cell time.
(6) All incarcerated people shall have access to at least one hour of congregate fresh air recreation outdoors where they can reasonably move around, exercise and have social interaction without physical barriers or mechanical restraints per day. Weather permitting, this recreation shall be offered in an uncovered location.
(7) All incarcerated people shall be treated with dignity and cultural sensitivity and shall not be discriminated against on the basis of age, race, ethnicity, sexuality, gender identity, citizenship status, disability, alleged or charged crime.
(8) All incarcerated people shall receive access to in-person visitations at least in accordance with Mass. Gen. Laws chapter 127 section 36C.
(9) All incarcerated people shall have access to commissary on a weekly basis that is appropriate for their race, culture and gender identity, and commissary shall not be restricted unless the Superintendent makes an individualized determination that such restriction is necessary, explained in writing. Prices for items shall be in line with community prices and state or county correctional facilities shall not charge more than 3 percent over the purchase cost for commissary items. Culturally, racially, gender appropriate, and gender affirming items shall be made equally available as all other items. Incarcerated Black, Indigenous, and people of color shall be permitted to provide input at least quarterly on what items are deemed racially and culturally appropriate. Incarcerated women, transgender, and gender nonconforming people shall be permitted to provide input at least quarterly on what items are deemed appropriate and affirming for their gender identity. The catalogue of items shall be made accessible to incarcerated people and the public. The department of correction and sheriffs shall maximize opportunities to purchase commissary items in bulk and shall not receive revenue, financial incentives or commissions, in any contract with suppliers of commissary items. Any service, benefit or program for incarcerated people to which commissary commissions were specifically designated in fiscal year 2023 including, but not limited to, the Inmate Benefit Fund, The Law Library and the Central Program Account in the state prison system, shall be funded by the department of correction and the sheriffs at not less than the level of funding in fiscal year 2023.
(10) All incarcerated people shall receive medical care, substance use disorder treatment, and mental health care in line with the community standard of care, state regulations, and agency contracts.
(11) All incarcerated people shall have access to water quality that meets the Massachusetts Department of Environmental Protection's most recent standards and guidelines for contaminants in Massachusetts drinking water, daily showers, and flushable toilets.
(12) All incarcerated people shall have access to a library where they can access legal and other reading materials at least three times weekly.
(13) All correctional facilities must maintain temperatures in every habitable area of at least 68°F, between 7:00 A.M. and 11:00 P.M, and at least 64°F, between 11:01 P.M. and 6:59 A.M. The temperature should at no time exceed 78°F.
(c) The Commissioner shall collect data from the counties and publish a snapshot report on January first of each year with, for each state prison, county jail and house of correction, (1) how many people are in custody (2) how many people are enrolled in an educational program, and how many of those are earning good conduct deductions (3) how many people are enrolled in a rehabilitative program, and how many of those are earning sentence reduction credits (4) how many people are enrolled in vocational training, and how many of those are earning sentence reduction credits (5) how many people are working in a community based job, community based vocational program, or community based educational program and (6) how many people have at least eight hours out of cell daily as defined by this section.
SECTION 2. Section 48 of Chapter 127, as appearing in the 2020 Official Edition, is hereby amended by striking the second paragraph and inserting in place thereof the following:- The commissioner shall ensure that each facility provide educational programs that earn high school credit toward graduation, vocational classes, and high school equivalency classes and certificate programming to all persons who are committed to the custody of the department or to a county correctional facility who have not obtained a high school degree or equivalency. These educational programs shall be provided regardless of classification or disciplinary status. The commissioner shall ensure that each facility provide community college or four year college programming for all students who have already received a high school diploma or equivalency and who express interest in higher education. In addition to each such facility providing at least one general high school equivalency (GED) class, each facility shall also include specialized, age-appropriate educational classes for emerging adults, including all individuals ages 18 thru 25, for both individuals who have and have not obtained a high school degree or equivalency, including but not limited to: (1) classes that earn credit toward high school graduation; (2) special education classes and supports in line with the educational goals identified in students’ individualized educational programs, (3) high school equivalency classes and testing opportunities; (4) vocational education classes, (5) college and workforce readiness classes; and (6) credit-bearing community college and college classes. All emerging adults shall have the opportunity to access at least 4 hours of educational programming daily at least five days a week.
SECTION 3. This legislation shall come into effect 120 days after passage.
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An Act to keep families connected
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S1494
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SD1441
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T14:56:54.333'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T14:56:54.3333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T10:58:53.6566667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T10:58:53.6566667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T16:43:57.9966667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-02T15:46:42.24'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-02T15:46:42.24'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-07T15:10:49.9433333'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-07T15:10:49.9433333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-09T12:00:29.2766667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T15:46:11.5466667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-27T10:49:54.4933333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-27T10:49:54.4933333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-01T16:58:13.6'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T12:12:56.8433333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-22T11:46:34.1333333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-03-29T16:49:36.1266667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-05T10:50:49.8866667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T11:33:14.8366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1494/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1494) of Cynthia Stone Creem, Joanne M. Comerford, Michael J. Barrett, Rebecca L. Rausch and other members of the Senate for legislation relative to inmate telephone calls. Public Safety and Homeland Security.
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Chapter 127 of the General Laws is hereby amended by inserting after section 87 the following section:-
Section 87A. (a) For the purposes of this section, the terms “state correctional facilities,” “state prisons” and “county correctional facilities” shall have the same meanings as those terms are defined in section 1 of chapter 125. For purposes of this section, “housing units” are defined as follows: any and all administrative segregation or restrictive housing units, Hospital Service Units, Mental Health Units and General Population housing units in the facility, and any new types of housing units the department of correction or sheriffs may establish in the future.
(b) The department of correction and sheriffs shall provide and shall ensure adequate infrastructure to provide voice communication services to persons committed to state correctional facilities, state prisons and county correctional facilities, including jails and houses of correction.
(c) The provision of such communication services shall be provided free of charge to the person initiating and the person receiving the communication.
(d) In all housing units, each incarcerated or detained person shall be able to access voice communication services at all times to the extent that such access does not interfere with rehabilitative, educational or vocational programming or routine facility procedures; and further, access to voice communication services shall not be less than existed during the month prior to enactment of this section.
(e) In all state correctional facilities, state prisons and county correctional facilities, including jails and houses of correction, that currently provide tablets that are capable of becoming calling-enabled, the department of correction and sheriffs shall enable voice communication services via these tablets, and shall ensure adequate infrastructure to provide voice communication services via these tablets. These voice communication services shall be provided free of charge to the person initiating and the person receiving the communication. When tablet calling is unavailable because Wifi is unavailable, the tablet is damaged or lost, or for any other reason, incarcerated persons shall have access to landline phones at all times in all housing units to the extent that such access does not interfere with rehabilitative, educational or vocational programming or routine facility procedures.
(f) The department of correction and sheriffs may supplement voice communication services with other communication services, including, but not limited to, video and electronic communication services provided, however, that other communication services shall not replace voice communication services; and provided further, that other communication services shall be provided free of charge to the person initiating and the person receiving the communication.
(g) Nothing in this section shall authorize or permit the department of correction or sheriffs to limit or prohibit in-person contact visits.
SECTION 2. Notwithstanding any general or special law to the contrary, not later than 90 days of enactment of this bill, any provision of a contract for communication services to any person confined in a state correctional facility, state prison or county correctional facility that provides for the payment of revenue, financial incentives or commissions to a state or local law enforcement agency shall be void and the department of correction and sheriffs shall renegotiate any such contract to remove any such provision. A renegotiated contract shall reduce the cost of communication services to reflect the removal of any provision that provide for the payment of revenue, financial incentives or commissions to a state or local enforcement agency; provided, however, that no other terms of the contract shall be affected by this section; provided further, that the department of corrections and the sheriffs shall seek to maximize purchasing power and consolidate contracts to the extent feasible after such renegotiated contracts expire; provided further, that not later than 90 days after the enactment of this bill, the department of correction and the sheriffs shall report to the house and senate committees on ways and means and the joint committee on the judiciary on the status of any communication services contracts and plans to consolidate contracts to maximize purchasing power for voice communication services.
SECTION 3. Chapter 29 of the General Laws is hereby amended by adding after section 2QQQQQ the following new section:-
Section 2RRRRR. There shall be a Communications Access Trust Fund to be administered by the secretary of administration and finance, in consultation with the secretary of public safety and security. The fund shall consist of: (i) money transferred to the fund by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to, gifts, grants and donations; and (iii) interest earned on such money. Amounts credited to the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund. (b) Amounts credited to the fund may be expended, without further appropriation, by the secretary of administration and finance for the purposes of making payments to the department of correction and the sheriffs for providing voice communication services, including phone calls, and other communication services free of charge to the person initiating and the person receiving the communication pursuant to section 87A of chapter 127. The secretary of administration and finance shall make said payments to the department of correction and the sheriffs on a quarterly basis; provided, that sufficient documentation shall be received by the secretary of administration and finance consistent with subsection (c); provided, however, that no payment from the fund shall be for any financial incentive received in connection with a communication services contract, including, but not limited to a commission. (d) The department of correction and the sheriffs shall submit quarterly to the secretary of administration and finance documentation of communication services provided free of charge in order to receive payments from the fund pursuant to subsection (b); provided, that documentation shall include, but not be limited to, the following information for each facility: (i) the number of voice calls; (ii) the total number of minutes for voice calls; (iii) the number of video calls; (iv) the total number of minutes for video calls; (v) the number of electronic mail messages sent and received; ; and provided further, that the secretary of administration and finance may require additional documentation as deemed necessary by the secretary. (d) Quarterly, the secretary of administration and finance, in consultation with the department of correction and the sheriffs, shall report to the house and senate committees on ways and means and the joint committee on the judiciary on matters related to telecommunication contracts entered into by the department of correction and the sheriffs, including, but not limited to: (i) records of all payments for telecommunications services for incarcerated persons; (ii) contracts for all telecommunication services, including the compensation structure; (iii) a rate sheet itemizing all charges to consumers for services or programs embedded in the telecommunications contract, including charges for tablet services and transfers to commissary accounts via tablet; (iv) revenue derived from products or services embedded in the telecommunications contract; (v) any policy governing access to voice, video or electronic mail communications, if such policy exists, and; (vi) any changes in contracts for voice communication services, including any progress in maximizing purchasing power and consolidating contracts between the sheriffs and the department of correction.
SECTION 4. The provisions of paragraphs (c), (e), and (f) of Section 1 of this act shall go into effect no later than ninety days after the enactment.
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An Act relative to firearms and firearms violence
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S1495
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SD1565
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T14:50:25.99'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T14:50:25.99'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1495) of Cynthia Stone Creem for legislation relative to firearms and firearms violence. Public Safety and Homeland Security.
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SECTION 1. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 2OOOOO, the following new section:-
2PPPPP. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Violence Prevention Trust Fund. Amounts credited to such fund shall be available, without further appropriation, to the executive office of health and human services who shall utilize such funds to establish an annual municipal grant program to support local programs targeted at reducing youth violence and gun violence.
SECTION 2. Section 2 of Chapter 64H of the General Laws, as so appearing, is hereby amended by adding the following new paragraph:-
In addition to all other rates of tax provided herein, an additional surcharge of 4.75 percent shall be imposed on sales at retail of all ammunition, rifles, shotguns, firearms or parts thereof, as those terms are defined in section 121 of chapter 140, in the Commonwealth. All revenues received from such surcharge, together with any penalties, forfeitures, interest, costs of suits and fines collected in connection therewith, less all amounts refunded or abated in connection therewith, all as determined by the commissioner of revenue according to his best information and belief, shall be credited to the Violence Prevention Trust Fund established pursuant to section 2PPPPP of chapter 29 of the General Laws.
SECTION 3. Section 2 of Chapter 64I of the General Laws, as so appearing, is hereby amended by adding the following new paragraph:-
In addition to all other rates of tax provided herein, an additional surcharge of 4.75 percent shall be imposed on the storage, use or other consumption of ammunition, rifles, shotguns, firearms or parts thereof, as those terms are defined in section 121 of chapter 140, purchased from any vendor or manufactured, fabricated or assembled from materials acquired either within or outside the commonwealth for storage, use or consumption within the commonwealth. All revenues received from this surcharge, together with any penalties, forfeitures, interest, costs of suits and fines collected in connection therewith, less all amounts refunded or abated in connection therewith, all as determined by the commissioner of revenue according to his best information and belief, shall be credited to the Violence Prevention Trust Fund established pursuant to section 2PPPPP of chapter 29 of the General Laws.
SECTION 4. Chapter 140 of the general laws, as so appearing is hereby amended by inserting after section 123, the following new section:
Section 123A. Notwithstanding any other provision of this chapter, law or regulation to the contrary, it shall be unlawful to sell, purchase, rent, lease or possess a .50 BMG rifle or .50 BMG cartridge. Any person violating this section shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment for not less than 1 year nor more than 10 years, or by both such fine and imprisonment. For purposes of this section the following words shall have the following meanings:-
".50 BMG cartridge" means a cartridge that is designed and intended to be fired from a center fire rifle and that meets all of the following criteria:
(a) It has an overall length of 5.54 inches from the base to the tip of the bullet.
(b) The bullet diameter for the cartridge is from .510 to, and including, .511 inch.
(c) The case base diameter for the cartridge is from .800 inch to, and including, .804 inch.
(d) The cartridge case length is 3.91 inches.
".50 BMG rifle" means a center fire rifle that can fire a .50 BMG cartridge and is not already an assault weapon or a machinegun. It shall not include any antique firearm, nor any curio or relic as defined in Section 478.11 of Title 27 of the Code of Federal Regulations.
The provisions of this section shall not apply to (i) any officer, agent or employee of the commonwealth or any state or the United States; (ii) any member of the military or other service of any state or of the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to carry or possess the weapon so carried or possessed and is acting within the scope of his duties.
SECTION 5. Section 128A of chapter 140 of the General Laws, as so appearing, is hereby amended by striking the in lines 27-36 following 2 sentences:- “Any sale or transfer conducted pursuant to this section shall comply with section 131E and shall, prior to or at the point of sale, be conducted over a real time web portal developed by the department of criminal justice information services. The department of criminal justice information services shall require each person selling or transferring a firearm, shotgun or rifle pursuant to this section to electronically provide, though the portal, such information as is determined to be necessary to verify the identification of the seller and purchaser and ensure that the sale or transfer complies with this section.” and inserting in place thereof the following 2 sentences:- “Any sale or transfer conducted under this section shall comply with section 131E and shall take place at the location of a dealer licensed under section 122, who shall transmit the information required by this section for the purchases and sales by utilizing the electronic verification link established by the commissioner of the department of criminal justice information services. A licensed dealer may charge the seller a fee not to exceed $25 for each sale or transfer electronically submitted on behalf of the seller to the department of criminal justice information services.”
SECTION 6. Section 131 of said chapter 140, is hereby amended in paragraph (b) by adding in line 29 after the words “or by such other person” the following words:- “over the age of 16”.
SECTION 7. Section 131½ of chapter 140 of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting, after the words “police chiefs association” the following new language:-“, one of whom shall be the attorney general or a designee”.
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An Act relative to ghost guns
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S1496
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SD2031
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T16:38:07.17'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T16:38:07.17'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-27T14:27:56.76'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-27T14:27:56.76'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T11:33:16.4666667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-05-26T15:28:54.33'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-06-09T15:14:35.3466667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-09-21T13:23:24.9666667'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1496) of Cynthia Stone Creem for legislation relative to ghost guns. Public Safety and Homeland Security.
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SECTION 1. Section 121 of chapter 140 of the General laws is hereby amended by inserting the following new definitions:
“Federal licensee authorized to serialize firearms” means a person, firm, corporation, or other entity that holds any valid federal license that authorizes the person, firm, corporation, or other entity to imprint serial numbers onto firearms, rifles, shotguns, and completed or unfinished frames or receivers pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto.
“Federally licensed gunsmith, manufacturer, or importer” means a person, firm, corporation, or other entity that holds a valid gunsmith license, or license to manufacture or import firearms, rifles, and shotguns, issued pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto.
“Frame” means the part of a firearm, as defined in this section, or variant of a firearm, that provides housing or a structure for the primary energized component designed to hold back the hammer, striker, bolt, or similar element, prior to initiation of the firing sequence, even if pins or other attachments are required to attach the component to the housing or structure. Any such part that is identified with an importer's or manufacturer's serial number shall be presumed, absent an official determination by the Bureau of Alcohol, Tobacco, Firearms and Explosives or other reliable evidence to the contrary, to be the frame of the weapon.
“License to manufacture firearms” means a valid license to manufacture firearms, rifles, and shotguns issued pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto.
“Manufacture or assemble” means to fabricate, construct, fit together component parts of, or otherwise produce, a firearm, rifle, shotgun, or completed or unfinished frame or receiver, including through additive, subtractive, or other processes.
“Receiver” means the part of a rifle or shotgun, or variants thereof, that provides housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence, even if pins or other attachments are required to connect the component to the housing or structure. Any such part that is identified with an importer's or manufacturer's serial number shall be presumed, absent an official determination by the Bureau of Alcohol, Tobacco, Firearms and Explosives or other reliable evidence to the contrary, to be the receiver of the weapon.
“Security exemplar” has the meaning given that term in 18 U.S.C. 922.
“Undetectable firearm, rifle, or shotgun” means a firearm, rifle, or shotgun manufactured, assembled, or otherwise comprised entirely of nonmetal substances, if one of the following is true: (i) After removal of grips, stocks and magazines, the firearm, rifle, or shotgun is not detectable as a security exemplar by a walk-through metal detector calibrated to detect the security exemplar; or (ii) The firearm, rifle, or shotgun includes a major component that, if subjected to inspection by the types of X-ray machines commonly used at airports, would not generate an image that accurately depicts the shape of the component. The term “major component” has the same meaning given that term in 18 U.S.C. 922.
“Unfinished frame or receiver” means a forging, casting, printing, extrusion, machined body or similar item that:
(i) Is designed to or may readily be completed, assembled, or otherwise converted to function as a frame or receiver; or
(ii) Is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm, rifle, or shotgun once completed, assembled, or otherwise converted.
However, “unfinished frame or receiver” does not include a component designed and intended for use in an antique weapon.
“Valid serial number” means a serial number that has been imprinted by a federal licensee authorized to serialize firearms in accordance with federal law, or that has otherwise been assigned to a firearm, rifle, shotgun, or completed or unfinished frame or receiver pursuant to the laws of any state or pursuant to Chapter 53 of Title 26 of the United States Code and the regulations issued pursuant thereto.
SECTION 2. Section 121 of chapter 140 of the General laws is hereby further amended by striking the definition of firearm and inserting in place thereof the following:-
“Firearm”, a stun gun or a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured.
SECTION 3. Section 121 of chapter 140 of the General laws is hereby further amended by inserting the following new paragraph after the words “‘Weapon’, any rifle, shotgun or firearm.”:-
As used in sections 122 to 129D, inclusive, and in sections 131A and 131E, the term “firearm” includes the completed or unfinished frame of such a weapon, and the terms “rifle” and “shotgun” include the completed or unfinished receiver of such a weapon.
SECTION 4. Chapter 140 is hereby amended by inserting after section 121A a new section 121B, as follows:-
Section 121B. Unserialized and Undetectable Ghost Guns.
(a) It is unlawful to knowingly manufacture or assemble, cause to be manufactured or assembled, import, purchase, sell, offer for sale, or transfer ownership of any firearm, rifle, or shotgun that is not imprinted with a valid serial number. A violation of this subsection is punishable, for a first offense, by up to 12 months imprisonment, or a fine of up to $5,000 per weapon in violation, or by both such fine and imprisonment. A second or subsequent offense is punishable by up to four years imprisonment, or a fine of up to $15,000 per weapon in violation, or by both such fine and imprisonment.
(b) It is unlawful to knowingly import, purchase, sell, offer for sale, or transfer ownership of any completed or unfinished frame or receiver, unless the completed or unfinished frame or receiver:
(1) Is deemed to be a firearm pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and regulations issued pursuant thereto; and
(2) Is imprinted with a valid serial number.
A violation of this subsection is punishable by up to 12 months imprisonment, or a fine of up to $5,000 per completed or unfinished frame or receiver in violation, or by both such fine and imprisonment.
(c) Commencing July 1, 2024, it is unlawful to knowingly possess a firearm, rifle, shotgun, or any completed or unfinished frame or receiver that is not imprinted with a valid serial number. A violation of this subsection is punishable, for a first offense, by a fine of up to $500 per weapon in violation. A second or subsequent offense is punishable by up to 12 months imprisonment, or a fine of up to $5,000 per weapon in violation, or by both such fine and imprisonment.
(d) This section does not apply to any of the following:
(1) A firearm, rifle, shotgun, or any completed or unfinished frame or receiver, that is an antique as defined in Section 479.11 of Title 27 of the Code of Federal Regulations, or that has been rendered permanently inoperable.
(2) The sale, offer for sale, or transfer of ownership of a firearm, rifle, shotgun, or any completed or unfinished frame or receiver, to a law enforcement agency.
(3) The manufacture or assembly, importation, purchase, transfer, or possession of a firearm, rifle, shotgun, or any completed or unfinished frame or receiver, by a law enforcement agency for law enforcement purposes.
(4) The sale or transfer of ownership of a firearm, rifle, shotgun, or any completed or unfinished frame or receiver, to a federally licensed gunsmith, manufacturer, or importer, or to any other federal licensee authorized to serialize firearms.
(5) The manufacture or assembly, importation, purchase, or possession of a firearm, rifle, shotgun, or any completed or unfinished frame or receiver, by a federally licensed gunsmith, manufacturer, or importer, or by any other federal licensee authorized to serialize firearms.
(6) A member of the Armed Forced of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any law enforcement agency or forensic laboratory.
(7) A common carrier, motor carrier, air carrier, or carrier affiliated with an air carrier through common controlling interest that is subject to Title 49 of the United States Code, or an authorized agent of any such carrier, when acting in the course and scope of duties incident to the receipt, processing, transportation, or delivery of property.
(8) An authorized representative of a local, state, or federal government that receives a firearm, rifle, shotgun, or any completed or unfinished frame or receiver, as part of an authorized, voluntary buyback program in which the governmental entity is buying or receiving such weapons from private individuals.
(9) The possession and disposition of a firearm, rifle, shotgun, or any completed or unfinished frame or receiver by a person who meets all of the following:
(A) The person is not prohibited by Massachusetts or federal law from possessing the weapon.
(B) The person possessed the firearm, rifle, shotgun, or any completed or unfinished frame or receiver no longer than was necessary to deliver it to a law enforcement agency for that agency’s disposition according to law.
(C) If the person is transporting the firearm, rifle, shotgun, or any completed or unfinished frame or receiver, the person is transporting it to a law enforcement agency in order to deliver it to the agency for the agency’s disposition according to law.
(10) The possession or importation of a firearm, rifle, shotgun, or any completed or unfinished frame or receiver by a nonresident of the commonwealth who:
(A) Is traveling with the firearm, rifle, shotgun, or completed or unfinished frame or receiver in the commonwealth in accordance with the provisions of Section 926A of Title 18 of the United States Code; or
(B) Who possesses or imports the firearm, rifle, shotgun, or completed or unfinished frame or receiver in the commonwealth exclusively for use in an organized sport shooting event or competition, and no longer than reasonably necessary to participate in such an event or competition.
(11) The possession or importation of a firearm, rifle, shotgun, or any completed or unfinished frame or receiver by a new resident moving into the commonwealth who, within 90 days of moving into the commonwealth, causes the firearm, rifle, shotgun, or completed or unfinished frame or receiver to be imprinted with a valid serial number, removes the weapon from the commonwealth, or otherwise comes into compliance with this section.
SECTION 5. Chapter 140 is hereby amended by inserting the following new section 121C:-
Section 121C. Manufacture of Guns Without a Valid Federal License.
121C. (a) It is unlawful to knowingly manufacture or assemble more than one firearm, rifle, shotgun, or completed or unfinished frame or receiver within the commonwealth in a calendar year without a valid license to manufacture firearms.
(b) It shall be unlawful to use a three-dimensional printer or CNC milling machine to manufacture or assemble any firearm, rifle, shotgun, or completed or unfinished frame or receiver within the commonwealth without a valid license to manufacture firearms.
(c) (1) It is unlawful to sell, offer to sell, or transfer a three-dimensional printer or CNC milling machine that has the primary or intended function of manufacturing or assembling firearms, rifles, shotguns, or completed or unfinished frame or receivers, to any person in the commonwealth who does not have a valid license to manufacture firearms.
(2) It is unlawful for any person in the commonwealth to purchase or receive a three-dimensional printer or CNC milling machine that has the primary or intended function of manufacturing or assembling firearms, rifles, shotguns, or completed or unfinished frame or receivers, unless that person has a valid license to manufacture firearms.
(3) There shall be a presumption that a three-dimensional printer or CNC milling machine has the primary or intended function of manufacturing or assembling firearms, rifles, shotguns, or completed or unfinished frame or receivers, if the printer or machine is marketed or sold in a manner that advertises that it may be used to manufacture or assemble firearms, rifles, shotguns, or completed or unfinished frame or receivers, or in a manner that foreseeably promotes the printer or machine’s use in manufacturing or assembling such weapons, regardless of whether the printer or machine is otherwise described or classified as having other functions or as a general-purpose printer or machine.
(d) A person who manufactures or assembles a firearm, rifle, shotgun, or completed or unfinished frame or receiver within the commonwealth and who does not have a valid license to manufacture firearms, shall within 10 days after manufacturing or assembling the weapon, notify the commissioner of the department of criminal justice information services in a form and manner to be prescribed by the department, and provide any identifying information concerning the weapon and the owner of such weapon requested by the commissioner, including but not limited to the weapon’s serial number.
(e) Except by operation of law, it is unlawful for a person who does not have a valid license to manufacture or assemble firearms to sell or transfer ownership of a firearm, rifle, or shotgun if:
(1) The person manufactured or assembled the firearm without a valid license to manufacture firearms;
(2) The person knowingly caused the firearm to be manufactured or assembled by another person who does not have a valid license to manufacture firearms; or
(3) The person is aware that the firearm was manufactured or assembled by another person who does not have a valid license to manufacture firearms.
(f) (1) It is unlawful to knowingly allow, facilitate, aid, abet, or cause the manufacture or assembling of a firearm, rifle, shotgun, or completed or unfinished frame or receiver, by a person who is legally prohibited from possessing such a weapon under Massachusetts or federal law.
(2) It is unlawful to knowingly allow, facilitate, aid, abet, or cause the manufacture or assembly of a machine gun, assault weapon, undetectable firearm, rifle, or shotgun, or of any firearm, rifle, shotgun, or completed or unfinished frame or receiver that is not imprinted with a valid serial number.
(g) This section does not apply to any member of the Armed Forces of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any law enforcement agency or forensic laboratory, or to the transfer, relinquishment, or sale of a firearm, rifle, or shotgun to a law enforcement agency.
(h) A violation of this section is punishable by up to 12 months imprisonment, or a fine of up to $5,000 per weapon in violation, or by both such fine and imprisonment.
SECTION 6. Chapter 140 is hereby amended by inserting the following new section 121D:-
121D. Distribution of Digital Firearm Manufacturing Code.
(a) As used in this section, “Digital firearm manufacturing code” means any digital instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a CNC milling machine, a three-dimensional printer, or a similar machine, to manufacture, assemble, or produce a firearm, rifle, shotgun, or completed or unfinished frame or receiver.
(b) A person, firm, or corporation shall not, by any means, including the Internet, knowingly distribute, or knowingly cause the distribution of, digital firearm manufacturing code to any person in the commonwealth who does not have a valid license to manufacture firearms.
(c) In addition to any other applicable penalty or remedies authorized by any other statute or cause of action, a person, firm, or corporation who violates this section may be held strictly liable for personal injury or property damage inflicted by the use of any firearm, rifle, or shotgun, that was manufactured, assembled, or produced in whole or in part using any digital firearm manufacturing code that was distributed in violation of this section.
(d) This section does not apply to, or affect the distribution of digital firearm manufacturing code to, any member of the Armed Forces of the United States or the National Guard, while on duty and acting within the scope and course of employment, or any law enforcement agency or forensic laboratory.
SECTION 7. Section 131N of Chapter 140 is hereby amended by striking said section and inserting in place thereof the following:-
No person shall knowingly manufacture or assemble or cause to be manufactured or assembled, import, sell, offer for sale, transfer or possess any weapon, capable of discharging a bullet or shot, that is: (i) constructed in a shape that does not resemble a handgun, short–barreled rifle or short–barreled shotgun including, but not limited to, covert weapons that resemble key–chains, pens, cigarette–lighters or cigarette–packages; or (ii) an undetectable firearm, rifle, or shotgun as defined in section 121. Whoever violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not more than 15 years, or by both such fine and imprisonment.
SECTION 8. Section 11A of Chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 5 after the word “shotgun” the words “, or a completed or unfinished frame or receiver” and by inserting in line 7 after the word “manufacture” the words “, or by a licensee authorized to serialize firearms as defined in section one hundred and twenty-one of chapter one hundred and forty, or that has otherwise been assigned to a firearm pursuant to the laws of any state or pursuant to Chapter 53 of Title 26 of the United States Code and the regulations issued pursuant thereto".
SECTION 9. Section 11E of said Chapter 269 is hereby amended by striking in lines 1-2 the words “of new manufacture,” and by striking in lines 9-10 the words “newly manufactured” and by striking in lines 10-11 the words “received directly from a manufacturer, wholesaler or distributor”.
SECTION 10. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
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An Act to connect veterans with earned benefits
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S1497
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SD1962
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-19T11:07:24.533'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-19T11:07:24.5333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1497/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1497) of John J. Cronin for legislation to connect veterans with earned benefits. Public Safety and Homeland Security.
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SECTION 1. Section 3 of said chapter 276A, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
The probation officers of a district or municipal court, or an official designee of such a probation officer, when gathering information in accordance with section 85 of chapter 276, shall also screen each defendant for the purpose of enabling the judge at arraignment to consider the eligibility of the defendant for diversion to a program. The probation officers or an official designee shall also confirm the defendant's status as a veteran or as a person on active service in the armed forces of the United States and shall determine if the defendant has previously been diverted pursuant to clause (ii) of subsection (c) of section 4. Any person identified as a veteran, as defined in said clause, shall be provided with a list of contact information for the Veteran’s Administration, the local Veteran Justice Officer, their local Veteran Service Officer and the Veterans Administration Department of Veteran Services Suicide Hotline.
SECTION 2. The first paragraph of section 3 of chapter 276A, as so appearing, is hereby amended by adding after the first paragraph the following paragraph:
Once a veteran is identified by the indigency verification process, the office of probation shall refer said veteran to the Veteran Justice Officer for determination of Federal Benefits.
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An Act to improve public health and safety standards in communities around aging nuclear power plants and high-level nuclear waste dump sites
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S1498
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SD216
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:01:53.2'}
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[{'Id': None, 'Name': 'Diane Turco, Executive Director of the Cape Downwinders', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-12T14:01:53.2166667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-22T13:55:08.7033333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-22T13:55:08.7033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1498/DocumentHistoryActions
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Bill
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By Mr. Cyr (by request), a petition (accompanied by bill, Senate, No. 1498) of Diane Turco, Executive Director of the Cape Downwinders, Lindsay N. Sabadosa and Michael O. Moore for legislation to improve public health and safety standards in communities around aging nuclear power plants and high-level nuclear waste dump sites. Public Safety and Homeland Security.
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Section 2B of chapter 639 of the acts of 1950 is hereby amended by striking the first paragraph and inserting the following:-
The director shall designate certain areas of the commonwealth as “nuclear power plant areas”. For the purposes of this section, said areas shall consist of all communities located within a fifty (50) mile radius of any nuclear power plant or inactive nuclear power plant storing nuclear waste in a spent fuel pool or an Independent Spent Fuel Storage Installation until all the nuclear waste leaves the site. This designation shall apply whether or not said NNP area is located within the commonwealth. Such assessments may be made against active facilities, or inactive nuclear power facilities that harbor spent nuclear fuel, high-level waste, or other nuclear material in spent fuel pool or in an Independent Spent Fuel Storage Installation until the nuclear waste leaves the site.
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An Act to promote rehabilitation including guaranteed health, treatment, and safety for incarcerated LGBTQI+ People
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S1499
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SD447
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:29:54.28'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:29:54.28'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T16:07:05.0933333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-22T13:57:37.6466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-07T16:11:27.4'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-24T16:04:22.4133333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-05-16T10:33:00.34'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-17T13:31:36.7833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1499/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1499) of Julian Cyr, Jack Patrick Lewis, Lindsay N. Sabadosa and Rebecca L. Rausch for legislation to promote rehabilitation including guaranteed health, treatment, and safety for incarcerated LGBTQI+ people. Public Safety and Homeland Security.
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SECTION 1. Section 13 of chapter 125 of the General Laws is hereby amended by adding the following paragraph:-
The superintendent of each state correctional facility and administrator of each county correctional facility shall designate 1 staff member as the LGBTQI+ coordinator. The LGBTQI+ coordinator shall: (i) ensure compliance with housing compatibility standards; (ii) coordinate education, employment, and program placement for incarcerated persons who are LGBTQI+, as defined in section 1 of chapter 127; (iii) support self-facilitated LGBTQ+ groups and leisure activities as defined in section 32C; (iv) after consulting with incarcerated persons, ensure at least one periodical is available in each institutional library pertaining to living well with HIV and at least one periodical pertaining to the LGBTQI+ community, and (v) perform other necessary responsibilities. The LGBTQI+ coordinator shall not be the institutional PREA officer appointed pursuant to section 32B of chapter 127.
SECTION 2. Section 1 of chapter 127 of the General Laws, and section 1 of chapter 125 as so appearing, is hereby amended by inserting the following definitions:-
“LGBTQI+”, lesbian, gay, bisexual, transgender, queer, intersex or not conforming to a specific gender identity or sexual orientation.
"General Population", any housing placement where an incarcerated person is not held in restrictive housing. In no event shall any general population unit have conditions that are similar to or more restrictive than restrictive housing. These conditions shall include an incarcerated person’s access to: out of cell time; the yard, gym, and other recreational spaces; the law library; religious services; canteen; all personal property; visitation, including both the total available visitation time and the opportunity for contact visits; telephones and video visits; opportunities to earn a wage, and opportunities to earn good time. All such access shall be maximized as much as possible.
“Incarcerated Person”, inmate or prisoner.
“Consensual”, free from fraud, force, or coercion, provided, however, that relations involving correctional officers and incarcerated persons shall not be deemed consensual.
SECTION 3. Said chapter 127, as so appearing, is hereby amended by inserting after section 21 the following section:-
Section 21A. Upon intake at a correctional facility, each incarcerated person shall be provided an opportunity to voluntarily disclose their sexual orientation and gender identity, provided further that this information may be disclosed and documented at any time. The information provided shall only be made available to the LGBTQI+ coordinator and any other staff persons designated by the commissioner of correction or sheriff; provided, however that the commissioner and sheriffs shall minimize access to sensitive information. Aggregated data on the number of incarcerated persons who voluntarily disclosed their sexual orientation and gender identity shall be made publicly available on an annual basis for each correctional facility; provided, however, that the report shall not include any personally identifiable information.
SECTION 4. Section 22 of said chapter 127, as so appearing, is hereby amended by adding the following paragraph:-
Upon intake at a correctional facility, each incarcerated person shall be provided an opportunity to voluntarily disclose homophobic or transphobic sentiments, provided further that this information may be disclosed and documented at any time. Anyone who discloses, is reasonably reported to harbor, or demonstrates behavior consistent with homophobic or transphobic sentiments shall not be housed in the same cell or housing unit as someone who identifies as LGBTQI+; provided that no person shall be punished for disclosure or nondisclosure of such information. Information obtained consistent with this section shall not be shared with the Department of Probation or the Parole Board.
SECTION 5. Said chapter 127, as so appearing, is hereby amended by inserting after section 32A the following 2 sections:-
Section 32B. For the purposes of this section, the term “superintendent” shall mean the superintendent of each state correctional facility and administrator of each county correctional facility.
Each correctional facility shall make anonymized, aggregate data related to the federal Prison Rape Elimination Act of 2003, codified in 34 U.S.C. §§ 30301 to 30309, inclusive, hereinafter PREA, publicly available on their website annually.
For each PREA investigation conducted, the correctional facility shall make publicly available on their website the factual basis for the PREA investigation, including, but not limited to, whether it was initiated by staff, an incarcerated person, or a third party. In addition, the factual basis upon which it was initiated shall include a detailed description of the alleged incident, who initiated the investigation, whether the investigated behavior was consensual, and the general location of the alleged incident, provided further, the department will report on the race, age, disability status, sexual orientation and gender identity of incarcerated persons involved delineated by whether they were a victim, perpetrator, or consensual party to said investigated behavior; provided however, that the detailed description of the complaint shall not include any personally identifiable information of incarcerated persons.
For each PREA investigation conducted, each correctional facility shall make publicly available on their website a detailed summary of the investigation and factual basis for the investigatory outcome including the evidence relied upon and steps taken to respond to the allegation; provided however, that the detailed summary of the investigation shall not include any personally identifiable information of incarcerated persons.
Annually, each correctional facility shall make publicly available on their website all documents normally provided to the federal Bureau of Justice Statistics pursuant to 34 U.S.C. § 30303; provided however, that said documents shall not include any personally identifiable information of incarcerated persons.
All formal or informal institutional grievances and federal Americans With Disabilities Act requests related to sexual violence or the general wellbeing of LGBTQI+ persons and those living with HIV shall be redacted and made publicly available on each correctional facility’s website; provided, that said documents shall not include any personally identifiable information of incarcerated persons.
Section 32C. Each correctional facility shall provide meaningful opportunities for LGBTQI+ incarcerated persons to: (i) congregate; (ii) form and self-facilitate self-help groups; (iii) receive LGBTQI+ themed literature in the institutional library, including one commonly read periodical about living well with HIV and one commonly read periodical about the LGBTQI+ community; (iv) watch LGBTQI+ movies free of charge; and (v) celebrate June as pride month. Provided further, each correctional facility shall allow visitors to participate in subsection (ii) and subsection (v).
SECTION 6. Section 38F of said chapter 127, as so appearing, is hereby amended by adding the following sentence:- Any claim that is directly related to sexual violence by an incarcerated person that may be the subject of a grievance pursuant to said section 38E shall be deemed exhausted.
SECTION 7. Section 39A of said chapter 127, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) The fact that an incarcerated person identifies as LGBTQI+ shall not be grounds for placement in restrictive housing or removal from the general population, provided however, that an incarcerated person may request to be removed from the general population for their own safety at any time.
SECTION 8. Section 39A of said chapter 127, as so appearing, is hereby further amended by striking out subsection (f) and inserting in place thereof the following 4 subsections:-
(f) No incarcerated person shall be placed in restrictive housing or removed from general population for reporting an act of sexual violence in good faith, provided that an incarcerated person may request to be removed from general population for their own safety at any time.
(g) No incarcerated person who engages in consensual sex shall be removed from general population. Provided further, such behavior shall not be grounds for removal of visitation, or phone privileges, provided further, any guilty finding on a disciplinary report shall not be used in determining the classification status or parole eligibility of an incarcerated person.
(h) Public displays of affection, including but not limited to handshakes, hugs, touching of another's hair and other forms of non-sexual contact, shall not be subject to disciplinary action, nor shall such incidents be used as a basis to punish or penalize an incarcerated person in any way.
(i) An incarcerated person shall not be confined to restrictive housing except pursuant to section 39 or this section.
SECTION 9. Section 16 of said chapter 127, as so appearing, is hereby amended by adding the following 3 sections:
16A: Each correctional facility shall ensure that an incarcerated person that requests access to medication to prevent the transmission of HIV be provided such medication at no cost to the incarcerated person, provided further, that reasons for requesting said medication shall be kept confidential between the medical provider and incarcerated person and not be shared with security or administrative staff, provided however, that said medication shall only be provided if clinically appropriate.
16B: Each correctional facility shall ensure that any incarcerated person prescribed medication to prevent the transmission of HIV or to control and manage HIV, whether held on pre-trial or committed status, shall be provided a thirty day supply upon release from custody.
16C: Each correctional facility shall ensure that an incarcerated person prescribed medication to control and manage HIV shall be permitted to keep said medication on their person or in their cell to ensure regular and timely dosage of said medication.
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Proposal for a legislative amendment to the Constitution to cap the state income tax
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S15
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SD411
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:33:31.3'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:33:31.3'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-06T10:31:12.2533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S15/DocumentHistoryActions
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Proposal for Constitutional Amendment
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By Mr. Tarr, a petition (accompanied by proposal, Senate, No. 15) of Bruce E. Tarr for a legislative amendment to the Constitution to cap the state income tax. Revenue.
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Article 44 of the Massachusetts Constitution is hereby amended by adding the following paragraph at the end thereof:-
In addition to the taxes on income otherwise authorized under this Article, the tax on that portion of annual taxable income shall not be in excess of 6.25 per cent reported on any return related to those taxes. This paragraph shall apply to all tax years beginning on or after January 1, 2023.
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[]
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[{'Action': 'Adverse', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J26', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J26'}, 'Votes': []}]
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[]
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An Act relative to consumer protection on online automobile franchise transactions
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S150
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SD619
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T14:04:34.54'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T14:04:34.54'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S150/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 150) of Brendan P. Crighton for legislation relative to certain online automobile franchise transactions. Consumer Protection and Professional Licensure.
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Section 48 of Chapter 93 of the General Laws is hereby amended by inserting at the end thereof the following subsection:-
L. This section shall not apply to a transaction for the sale of a new or used motor vehicle by a seller holding a Class 1 license pursuant to section 59 of chapter 140 in which the buyer signs by electronic means away from the seller’s place of business a written contract regarding the sale of a motor vehicle; provided, however, the seller shall give written notice at time of sale to the buyer that this section does not apply.
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[]
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[]
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[]
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[]
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An Act relative to firearms in certain public buildings
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S1500
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SD449
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:34:27.5'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:34:27.5'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1500/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1500) of Julian Cyr for legislation relative to firearms in certain public buildings. Public Safety and Homeland Security.
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SECTION 1. Section 10 of Chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following paragraphs:-
(p) For the purposes of this paragraph, “firearm” shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged.
Whoever, not being an on-duty law enforcement officer and notwithstanding any license obtained by the person pursuant to chapter 140, carries on the person a firearm, loaded or unloaded in any building or on the grounds of the state house shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 2 years or both. A law enforcement officer may arrest without a warrant and detain a person found carrying a firearm in violation of this paragraph.
(q) For the purposes of this paragraph, “firearm” shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged.
Whoever, not being an on-duty law enforcement officer and notwithstanding any license obtained by the person pursuant to chapter 140, carries on the person a firearm, loaded or unloaded on the grounds of or in any portion of a building that is designated a polling place or a place to be used for the counting ballots shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 2 years or both. A law enforcement officer may arrest without a warrant and detain a person found carrying a firearm in violation of this paragraph.
SECTION 2. Said chapter 269, as so appearing, is further amended by adding thereto a new section entitled “12G. Firearms—Carrying Firearms at Demonstrations”
(1) For the purposes of this section, the following words have the meanings indicated.
"Demonstration" means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers. "Demonstration" does not include the casual use of property by visitors or tourists that does not have the intent or propensity to attract a crowd or onlookers.
"Firearm" any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged.
"Public building", a building, including its grounds or curtilage, owned by the commonwealth or any political subdivision thereof, or a portion of a building, including its grounds and curtilage or other public grounds where employees of a state agency or department of the commonwealth are regularly present for the purpose of performing their official duties.
(2) Whoever, not being an on-duty law enforcement officer and notwithstanding any license obtained by the person pursuant to chapter 140, knowingly carries on the person a firearm, loaded or unloaded at a demonstration in a public building shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 2 years or both. A law enforcement officer may arrest without a warrant and detain a person found carrying a firearm in violation of this paragraph.
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[]
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[]
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[]
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An Act relative to the membership of the forensic science oversight board
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S1501
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SD497
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-16T22:22:06.367'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-16T22:22:06.3666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1501/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1501) of Julian Cyr for legislation relative to the membership of the forensic science oversight board. Public Safety and Homeland Security.
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Chapter 6 Section 184A(a) is hereby amended by striking the following words: “and 13 members who shall be appointed by the governor” and inserting in place thereof the following:-
“and 15 members who shall be appointed by the governor, 1 of whom shall be nominated by the president of the Massachusetts Organization of State Engineers and Scientists, 1 of whom shall be nominated by the president of the Massachusetts Chiefs of Police Association".
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[]
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[]
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[]
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An Act relative to the reduction of certain toxic chemicals in firefighter personal protective equipment
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S1502
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SD614
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-17T13:46:23.593'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-17T13:46:23.5933333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T16:32:58.3166667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-07T16:32:58.3166667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-07T16:32:58.3166667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-07T16:32:58.3166667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T16:32:58.3166667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-07T16:32:58.3166667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-07T16:32:58.3166667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-07T16:11:16.16'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-14T11:39:27.47'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-24T16:03:49.8666667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-06-12T12:32:26.5166667'}, {'Id': 'FEP1', 'Name': 'Francisco E. Paulino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FEP1', 'ResponseDate': '2023-06-12T12:32:26.5166667'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-06-12T12:32:26.5166667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-07-25T13:18:12.72'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-09-25T10:02:10.9733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1502/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1502) of Julian Cyr, Vanna Howard, Susannah M. Whipps, Angelo J. Puppolo, Jr. and other members of the General Court for legislation to reduce certain toxic chemicals in firefighter personal protective equipment. Public Safety and Homeland Security.
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SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the following section:-
Section 237. (a) The following terms shall have the following meanings, unless the context clearly requires otherwise:-
“Firefighting personal protective equipment” means any clothing designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets, and respiratory equipment.
“Local governments” includes any county, city, town, fire district, regional fire protection authority, or special purpose district that provides firefighting services.
“Manufacturer” includes any person, firm, association, partnership, corporation, organization, joint venue, importer, or domestic distributor of firefighting agents or firefighting equipment. For the purposes of this definition, “importer” means the owner of the product.
“Perfluoraolkyl and polyfluoraolkyl substances” or “PFAS chemicals” means, for the purposes of firefighting agents and firefighting equipment, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(b) A manufacturer or other person that sells firefighting personal protective equipment containing PFAS chemicals to any person, local government, or state agency shall provide written notice to the purchaser at the time of sale which shall state: (i) that the firefighting personal protective equipment contains PFAS chemicals; and (ii) the reason PFAS chemicals are added to the equipment.
The manufacturer or other person selling firefighting personal protective equipment and the purchaser of the equipment shall retain a copy of the notice required pursuant to this subsection on file for at least 3 years from the date of the purchase. Upon the request of the department, a person, manufacturer, or purchaser shall furnish the notice, or written copies, and associated sales documentation to the department within 60 days of such request.
SECTION 2. Section 237 of chapter 111 of the General Laws, as added by section 1, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) A manufacturer or other person that sells firefighting personal protective equipment to any person, local government, or state agency shall not manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in the commonwealth any firefighting personal protective equipment containing intentionally added PFAS chemicals.
SECTION 3. Section 1 shall take effect on January 1, 2025.
SECTION 4. Section 2 shall take effect on January 1, 2027.
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[]
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[]
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[]
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An Act regulating access to the disclosure of certain police reports
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S1503
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SD504
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-13T11:07:28.31'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-13T11:07:28.31'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1503/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1503) of Sal N. DiDomenico for legislation relative to the disclosure of certain police reports. Public Safety and Homeland Security.
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Section 97D of chapter 41 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the second sentence the following sentence:- "If a police officer receives a request for such access from an advocate or counselor not specifically authorized by the victim to obtain such information, the police department shall make a reasonable attempt to notify the victim."
Said section 97D, as so appearing, is hereby further amended by adding the following paragraph:-
In this section, the term "police officer" shall mean a regular police officer or a special officer appointed pursuant to section 63 of chapter 22C.
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[]
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[]
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[]
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An Act relative to seatbelts on school buses
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S1504
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SD774
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T19:15:05.587'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T19:15:05.5866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1504/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1504) of Sal N. DiDomenico for legislation relative to requirements for seatbelts on school buses. Public Safety and Homeland Security.
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SECTION 1. Section 7B of chapter 90 of the general laws, as appearing in the 2020 official edition, is hereby amended by adding after criteria (18) the following:- "(19) Every school bus transporting students to or from a public, vocational, private or parochial school shall be equipped with a seatbelt for each permanent seating accommodation designed and installed in compliance with United States motor vehicle D.O.T. safety standards."
SECTION 2. A city or town may enact a local ordinance or bylaw requiring that school buses operating within the municipality must be equipped with seatbelts at an earlier implementation date.
SECTION 3. No claim for damages shall arise from the failure of a school bus operator, a school, school district or municipality to ensure that a passenger of a school bus was wearing the restraint system prescribed by Sections 7B of Chapter 90 of the general laws.
SECTION 4. This act shall take effect on July 1, 2026.
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[]
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[]
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[]
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An Act relative to fire safety education in schools and colleges
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S1505
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SD1350
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T13:46:09.227'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T13:46:09.2266667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-27T13:49:54.5733333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-09T12:25:03.9333333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-08-09T11:34:40.58'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1505/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1505) of Sal N. DiDomenico, Michael J. Barrett and Jacob R. Oliveira for legislation relative to fire safety education in schools and colleges. Public Safety and Homeland Security.
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SECTION 1. Chapter 15A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:- “Section 46. Establishment of a fire safety curriculum. (a) For the purposes of this section, the following term shall, unless the context clearly requires otherwise, have the following meaning:- “Institute of higher education”, all postsecondary institutions including (i) the system of public institutions of higher education, established in section 5; (ii) private occupational schools, as defined in section 263 of chapter 112; and (iii) private colleges, universities and other institutions of higher learning.
(b) All institutes of higher education shall require students to complete a comprehensive fire safety curriculum from an expert source. The curriculum shall include instruction on fire safety in a variety of scenarios, such as: fire prevention, fires in homes, in professional settings, in vehicles, wild and brush fires, fires while cooking, while camping, electrical fires, heating fires, smoking fires, solid, liquid and gas fires, smoldering fires, fast-burning fires, smoke inhalation, carbon monoxide poisoning, and leaving a fire scene, and any other matter the institution deems essential to the curriculum. Students shall complete an examination to test student proficiency.
SECTION 2. Chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:- “Section 98. Establishment of a fire safety curriculum. (a) For the purposes of this section, the following term shall, unless the context clearly requires otherwise, have the following meaning:- “School”, every public or private elementary and secondary school in the commonwealth; provided, however, that the term school shall not include colleges and universities.
(b) All schools shall require students to complete a comprehensive fire safety curriculum by the end of the 10th grade from an expert source. The curriculum shall include instruction on fire safety in a variety of scenarios, such as: fire prevention, fires in homes, in professional settings, in vehicles, wild and brush fires, fires while cooking, while camping, electrical fires, heating fires, smoking fires, solid, liquid and gas fires, smoldering fires, fast-burning fires, smoke inhalation, carbon monoxide poisoning, and leaving a fire scene, and any other matter the institution deems essential to the curriculum. Students shall complete an examination to test student proficiency.
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[]
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[]
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[]
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An Act relative to successful transition and re-entry to tomorrow for incarcerated persons
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S1506
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SD2090
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T21:19:57.36'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T21:19:57.36'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T13:25:46.9033333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-14T14:16:23.6233333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T16:36:07.5133333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-09T10:48:10.13'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-21T12:44:23.7566667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-23T13:37:05.7966667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-05-10T09:03:51.3266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1506/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1506) of Sal N. DiDomenico, Jason M. Lewis, Patricia D. Jehlen, Paul R. Feeney and others for legislation relative to successful transition and re-entry to tomorrow for incarcerated persons. Public Safety and Homeland Security.
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Chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the end thereof the following new section:-
Section 170.
(a) As used in this section the following words shall have the following meanings:-
“Correctional facility”, any building, enclosure, space or structure used for the custody, control and rehabilitation of incarcerated persons and of such other persons as may be placed in custody therein in accordance with law.
“Family member”, a spouse, child, stepchild, adopted child, sibling, step-sibling, adopted sibling, parent, step-parent, adopted parent, foster parent, grandparent, grandchild, aunt, uncle, niece, nephew, or cousin.
“Incarcerated person”, a person convicted of a crime and committed under sentence to a correctional facility.
(b) The commissioner shall ensure that, not later than 120 days prior to the expected discharge date of an incarcerated person, or upon learning of an anticipated departure from incarceration within the next 120 days, the chief administrative officer of the correctional facility supervising such incarcerated person shall begin the process for securing from the Registry of Motor Vehicles, on behalf of the incarcerated person, an identification card by: (i) requesting the necessary documents from personal sources, organizations, or government agencies that may hold such documents and (ii) filing waivers of indigency if the standards are met under section 29 of chapter 261 to waive document fees. If the chief administrative officer can secure the requisite documentation for a REAL-ID compliant identification card or license through the standard process to request necessary documents as determined by the regulations promulgated under this section, then the chief administrative officer shall make reasonable efforts to secure the requisite documentation and file an application to provide the incarcerated person with a REAL ID-compliant identification card or license. If the chief administrative officer has made reasonable efforts and exhausted all requests for necessary documents for a REAL-ID compliant identification card or license, but has been unable to secure sufficient documentation, then the chief administrative officer shall secure the requisite documentation necessary and file an application to provide an incarcerated person with a Massachusetts identification card or license.
(c) Notwithstanding sections 8 and 8E of chapter 90 or regulations promulgated by the Registry of Motor Vehicles, if an incarcerated person attests that they do not have a permanent address that would fulfill residence requirements indicated by the Registry of Motor Vehicles, the following addresses shall be accepted for the sole purpose of issuing a REAL-ID compliant or Massachusetts identification card or license: (i) the residence of an adult family member; (ii) a temporary group residence where the incarcerated person intends to reside, such as a homeless shelter, a halfway house, or a similar residence; (iii) a place of worship, community center, non-profit organization, or a similar institution that provides the incarcerated person services; or (iv) the address of the city or town hall in the municipality in which the incarcerated person intends to reside upon discharge. If an incarcerated person chooses to provide an address from clauses (i), (ii) or (iii), notice shall be sent to the owner and tenant of such residence or property within 7 days, including an option to object to the listing of the address on the incarcerated person’s proposed identification card or license. If the owner or tenant of such residence objects within 14 days or prior to the filing of an incarcerated person’s application for an identification card or license, then the incarcerated person shall be provided with the option to select or provide an alternative address in accordance with clause (iv). If an alternative address other than an individual’s address of principal residence is provided in accordance with this paragraph but not in full compliance with federal REAL-ID regulations, then such individual shall be issued a Massachusetts identification card or license. Upon securing permanent residence, an incarcerated person who received an identification card or license under this section shall provide the Registry of Motor Vehicles with an updated address, and act in accordance with all other applicable laws and regulations for a resident of the commonwealth reporting a change of address. A municipality with a city or town hall that is listed as an address under clause (iv) shall not be liable or responsible for routing an individual’s correspondence or possessions.
(d) The Registry of Motor Vehicles shall accept a valid inmate identification card issued by a Massachusetts correctional facility in accordance with chapter 127 section 23 as an acceptable identification document for purposes of proof of Massachusetts residency when issuing a Massachusetts identification card or license under sections 8 and 8E of chapter 90.
(e) An incarcerated person may affirmatively choose not to receive an identification card or license. Such decision must be noted in a written and signed form, including the reason for the incarcerated person’s choice. Annually, on the first of January, the commissioner shall report to the legislature the number of incarcerated persons who chose not to receive an identification card or license and the listed reasons for that choice.
(f) The administrative officer shall aid the incarcerated person in submitting an affidavit of indigency to the Registry of Motor Vehicles in accordance with section 29 of chapter 261, and the Registry of Motor Vehicles shall provide the chosen identification card or license at no cost to the incarcerated person. The administrative officer shall not delay further efforts to secure an identification card or license while waiting for the Registry of Motor Vehicles to approve the affidavit of indigency. If an incarcerated person does not qualify for indigency under section 29 of chapter 261, then the administrative officer shall provide the incarcerated person with the option to pay the fees to secure the identification card or license through funds that the incarcerated person may have in their personal canteen account. A correctional facility may devote funds from its budget to subsidize or fully cover the fees to provide incarcerated persons in their custody with an identification card or license. Neither the Registry of Motor Vehicles, nor a correctional facility, or its affiliates, shall charge fees to incarcerated persons in excess of the fees charged to the general public to receive a comparable identification card or license.
(g) Upon discharge from a state or county correctional facility, an incarcerated person who did not affirmatively choose to refuse an identification card or license shall be provided with their identification card or license.
(h) Nothing in this section shall be construed to extend the sentence of an incarcerated person, nor shall an incarcerated person be held solely for the purpose of fulfilling the requirements of this section.
(i) The Department of Corrections in consultation with the Registry of Motor Vehicles shall promulgate regulations for the implementation of this section within 90 days of enactment.
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An Act relative to public safety around hospitals with air emergency helipads
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S1507
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SD139
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-10T15:04:25.25'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-10T15:04:25.25'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1507/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1507) of James B. Eldridge for legislation relative to public safety around hospitals with air emergency helipads. Public Safety and Homeland Security.
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Notwithstanding any general or special law or rule or regulation to the contrary, non-emergency aircraft flight training maneuvers are prohibited within a 2 nautical mile radius of hospital helipads in the commonwealth. These areas should be avoided for simulated landings, practice approaches, turns about a point, power off turns, and related maneuvers. Overflights of such areas may not descend below 2,000 feet above ground level (AGL) and should be avoided. Private flight schools and recreational pilots are not to consider these locations appropriate areas to concentrate maneuvers due to public safety.
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An Act to strengthen gun control
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S1508
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SD1455
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T16:31:49.24'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T16:31:49.24'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-09T09:17:30.05'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-10T08:53:39.9933333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-05-30T16:06:18.9333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1508/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1508) of James B. Eldridge, James Arciero and Sal N. DiDomenico for legislation to strengthen gun control. Public Safety and Homeland Security.
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SECTION 1. Section 121 of chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “weapon” the following definitions:-
“Frame”, the part of a firearm or variant of a firearm, that provides housing or a structure for the primary energized component designed to hold back the hammer, striker, bolt, or similar element, prior to initiation of the firing sequence, even if pins or other attachments are required to attach the component to the housing or structure.
“Receiver”, the part of a rifle or shotgun, or variants thereof, that provides housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence, even if pins or other attachments are required to connect the component to the housing or structure.
SECTION 2. The first paragraph of section 123 of said chapter 140, as so appearing, is hereby amended by inserting after the twenty-first clause the following clause:- Twenty-second, That no licensee shall sell, lease, rent, transfer or deliver or offer for sale, lease, rent, transfer or delivery to a person a completed or unfinished frame or receiver that is not an integrated component of a fully-assembled weapon.
SECTION 3. Said section 123 of said chapter 140, as so appearing, is hereby amended by striking out, in line 286, the words “licensing authority” and inserting in place thereof the following words:- “the office of the attorney general".
SECTION 4. Chapter 258E of the General Laws is hereby amended by inserting after section 4 of chapter 258E the following sections: -
Section 4A. Order for suspension and surrender of firearms license; surrender of firearms; petition for review; hearing
Upon issuance of a temporary or emergency order under section five of this chapter, the court shall, if the plaintiff demonstrates a substantial likelihood of immediate danger of abuse, order the immediate suspension and surrender of any license to carry firearms and or firearms identification card which the defendant may hold and order the defendant to surrender all firearms, rifles, shotguns, machine guns and ammunition which the defendant then controls, owns or possesses in accordance with the provisions of this chapter and any license to carry firearms or firearms identification cards which the defendant may hold shall be surrendered to the appropriate law enforcement officials in accordance with the provisions of this chapter and, said law enforcement official may store, transfer or otherwise dispose of any such weapon in accordance with the provisions of section 129D of chapter 140; provided however, that nothing herein shall authorize the transfer of any weapons surrendered by the defendant to anyone other than a licensed dealer. Notice of such suspension and ordered surrender shall be appended to the copy of abuse prevention order served on the defendant pursuant to section seven. Law enforcement officials, upon the service of said orders, shall immediately take possession of all firearms, rifles, shotguns, machine guns, ammunition, any license to carry firearms and any firearms identification cards in the control, ownership, or possession of said defendant. Any violation of such orders shall be punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than two and one-half years in a house of correction, or by both such fine and imprisonment.
Any defendant aggrieved by an order of surrender or suspension as described in the first sentence of this section may petition the court which issued such suspension or surrender order for a review of such action and such petition shall be heard no later than ten court business days after the receipt of the notice of the petition by the court. If said license to carry firearms or firearms identification card has been suspended upon the issuance of an order issued pursuant to section five or six, said petition may be heard contemporaneously with the hearing specified in the second sentence of the second paragraph of section five. Upon the filing of an affidavit by the defendant that a firearm, rifle, shotgun, machine gun or ammunition is required in the performance of the defendant's employment, and upon a request for an expedited hearing, the court shall order said hearing within two business days of receipt of such affidavit and request but only on the issue of surrender and suspension pursuant to this section.
Section 4B: Continuation or modification of order for surrender or suspension
Upon the continuation or modification of an order issued pursuant to section 4A or upon petition for review as described in section 4A, the court shall also order or continue to order the immediate suspension and surrender of a defendant's license to carry firearms and firearms identification card and the surrender of all firearms, rifles, shotguns, machine guns or ammunition which such defendant then controls, owns or possesses if the court makes a determination that the return of such license to carry firearms and firearm identification card or firearms, rifles, shotguns, machine guns or ammunition presents a likelihood of abuse to the plaintiff. A suspension and surrender order issued pursuant to this section shall continue so long as the restraining order to which it relates is in effect; and, any law enforcement official to whom such weapon is surrendered may store, transfer or otherwise dispose of any such weapon in accordance with the provisions of section 129D of chapter 140; provided, however, that nothing herein shall authorize the transfer of any weapons surrendered by the defendant to anyone other than a licensed dealer. Any violation of such order shall be punishable by a fine of not more than $5,000 or by imprisonment for not more than two and one-half years in a house of correction or by both such fine and imprisonment.
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An Act relative to 3D printed guns and ghost guns
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S1509
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SD1469
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T16:37:40.18'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T16:37:40.18'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-27T09:48:19.62'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-10T08:53:58.34'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T10:30:52.01'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-10T08:53:30.35'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T13:01:00.0766667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-27T13:41:08.9933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T12:43:31.4233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1509/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1509) of James B. Eldridge, Michael J. Barrett, John F. Keenan, Patricia D. Jehlen and others for legislation relative to 3D printed guns and ghost guns. Public Safety and Homeland Security.
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Section 1. Section 121 of Chapter 140 of the General Laws, is hereby amended by inserting after the word “detectors” in line 77, ‘“frame”, the part of a handgun, or variants thereof, that provides housing or a structure for the primary energized component designed to hold back the hammer, striker, bolt, or similar component prior to initiation of the firing sequence (i.e., sear or equivalent), even if pins or other attachments are required to connect such component to the housing or structure, including any such part (1) that is marketed or sold to the public to be used in an assembled, operable firearm or (2) that can be readily converted for use in an assembled, operable firearm.
Section 2. Section 121 of Chapter 140 of the General Laws is hereby amended by inserting after the word “detectors” in line 77, the following: a firearm shall include any firearm frame or receiver.
Section 3. Section 121 of Chapter 140 of the General Laws is hereby amended by inserting after the word “tense” in line 133, the following: “‘receiver,’ the part of a rifle, shotgun, or projectile weapon other than a handgun, or variants thereof, that provides housing or a structure for the primary component designed to block or seal the breech prior to initiation of the firing sequence (i.e., bolt, breechblock, or equivalent), even if pins or other attachments are required to connect such component to the housing or structure, including any such part (1) that is marketed or sold to the public to be used in an assembled, operable firearm or (2) that can be readily converted for use in an assembled, operable firearm. The term shall not include a piece of material that has had its size or external shape altered to facilitate transportation or storage or has had its chemical composition altered.”
Section 4. Section 121 of Chapter 140 of the General Laws is hereby amended by inserting after the word “lever” in line 165, the following: “‘variant’ and ‘variants thereof’ means a weapon utilizing a similar frame or receiver design irrespective of new or different model designations or configurations, characteristics, features, components, accessories, or attachments.
Section 5. Chapter 140 is hereby amended by inserting the following new Section after Section 122D.
Section 122E.
(a) “assembly” or “assemble” means the fitting together of component parts of a firearm to construct a firearm; but shall not apply to the restoration of antique firearms nor the replacement of existing parts of a completed firearm so long as the parts are properly imprinted with a serial number issued by the Department of Criminal Justice Information Services.
(b) “manufacture” means the newly fabricate or construct a firearm.
(c) No individual shall sell, deliver, or transfer a firearm unless the firearm is required by law to be, and has been, imprinted with a serial number by a licensed importer, manufacturer, or dealer of firearms pursuant to 18 USC 923(i), or with a serial number issued by the by the Department of Criminal Justice Information Services as amended from time to time, and any regulation adopted thereunder within.
(d) No individual shall purchase, obtain, or possess any firearm that is undetectable. "Undetectable firearm” means a firearm that: (1) after removal of all parts other than major components, is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; or (2) includes a major component which, if the firearm were subjected to inspection by the types of detection devices commonly used at airports for security screening, would not generate an image that accurately depicts the shape of the component.
"Major component” means the barrel, the slide or cylinder, or the frame or receiver of a firearm.
“Security Exemplar” means the Security Exemplar fabricated in accordance with subparagraph (C) of paragraph (2) of subsection (p) of 18 U.S.C. § 922
(e) No person shall use a three-dimensional printer to manufacture any firearm, or any part or component that is intended to be used to assemble or manufacture a firearm, unless such person possesses a federal license to manufacture firearms and operates in compliance pursuant to 18 USC 923(i), as amended from time to time, and any regulation adopted thereunder within.
(f) No person shall distribute by any means, including the Internet, to a person in Massachusetts who is not registered or licensed as a manufacturer, digital instructions in the form of computer-aided design files or other code or instructions stored and displayed in electronic format as a digital model that may be used to program a three-dimensional printer to manufacture or produce a firearm, magazine, or firearm component if the distributer intends the instructions to be used in commission of an act against the laws of the Commonwealth or knows, or has reason to know, that the person receiving the instructions intends to use them in commission of an act against the laws of the Commonwealth. As used in this subsection: “three-dimensional printer” means a computer or computer-driven machine or device capable of producing a three-dimensional object from a digital model; and “distribute” means to sell, or to manufacture, give, provide, lend, trade, mail, deliver, publish, circulate, disseminate, display, share, advertise, offer, or make available via the Internet or by any other means, whether for pecuniary gain or not, and includes an agreement or attempt to distribute.
(g) The department of criminal justice information services shall develop and maintain a system to distribute a unique serial number or other mark of identification to any individual requesting such serial number or mark pursuant to this section, in accordance with applicable federal laws and regulations. Upon an application made by a person for a serial number or mark for a firearm pursuant to this section, which shall include any information required by the department, the department shall confirm with the appropriate licensing authority that the applicant is authorized to possess such firearm and possess a valid license or firearm identification card as required under chapter 140. Upon issuance of a serial number or mark, the department shall maintain identifying information of the person requesting the number or mark and of the firearm for which each such number or mark is requested.
(h) Not later than ninety days after the effective date of this act, an individual who is in possession of a firearm that has not been imprinted with a serial number by the department of criminal justice information services, a licensed importer, manufacturer, or dealer of firearms pursuant to 18 USC 923(i) shall notify the commissioner of the department of criminal justice information services and provide any identifying information concerning the firearm and the owner of such firearm pursuant to Section 128B of Chapter 140, shall apply for a serial number or mark for a firearm pursuant to subsection (g), and within 30 days of receiving such serial number shall imprint or have it imprinted upon the firearm.
(i) No individual shall knowingly, facilitate, aid, or abet the manufacture or assembly of a firearm by an individual or for an individual who is otherwise prohibited by law from owning or possessing a firearm.
(j) The department of criminal justice information services shall promulgate regulations to carry out this section.
(k) The provisions of this section shall not apply to (1) the sale or transfer of a firearm to, or to purchasing, obtaining, or possessing of a firearm by, a federally licensed firearm manufacturer, importer, or dealer, or (2) delivery or transfer of a firearm to a law enforcement agency.
Section 6. Chapter 269 of the Massachusetts General Laws is hereby amended by inserting the following new Section after Section 10K
Section 10L.
(a) Any person who is found to have violated any provision of Chapter 140, Section 122E of the Massachusetts General Laws shall be punished by imprisonment in the state prison for a term of not more than ten years for each offense, or by not more than two and one half years in the House of Correction or by a fine of not more than ten thousand dollars for each offense or by both such imprisonment and fine.
(b) Section 26 of Chapter 218 of the General Laws shall be amended by inserting after the words, “knowing the same to be forged”, the following words:
“a violation of Section 122E of Chapter 140 of the General Laws.”
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An Act further regulating business practices between motor vehicle dealers, manufacturers, and distributors
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S151
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SD1036
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T19:11:19.677'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T19:11:19.6766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S151/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 151) of Brendan P. Crighton for legislation to further regulate business practices between motor vehicle dealers, manufacturers, and distributors. Consumer Protection and Professional Licensure.
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SECTION 1. Subsection (c) of said section 4 of said chapter 93B, as appearing in the 2020 Official Edition, is hereby amended by inserting after paragraph (12) the following six paragraphs: -
(13) to require, coerce, or attempt to coerce any dealer by program, policy, standard, or otherwise to: (a) change location of the dealership; (b) construct, renovate, or make any substantial changes, alterations, or remodeling to a dealer’s sales or services facilities; or (c) add to or replace a dealer’s sales or services facilities; provided, however, that nothing herein shall prohibit a manufacturer or distributor from continuing a facility improvement program that is in effect as of the effective date of this paragraph with more than one dealer in the commonwealth or to renewing or modifying such program, or providing lump sum or regularly-scheduled payments to assist a dealer in making a facility improvement, including construction, alteration or remodeling, or installing signage or an image element of the manufacturer or distributor; provided further, that the provisions of the facility improvement program in which such dealer participates be contained in a written agreement voluntarily entered into by the dealer and must be made available, on substantially similar terms, to any of the manufacturer’s or distributor’s other same line-make dealers in the commonwealth with whom the manufacturer or distributor offers to enter into such an agreement; provided further, that, except as necessary to comply with a health or safety law or to comply with a technology requirement which is necessary to sell or service a motor vehicle that the motor vehicle dealer is authorized or licensed by the manufacturer or distributor to sell or service, a manufacturer, distributor, or franchisor representative shall not require, coerce, or attempt to coerce a motor vehicle dealer, by program, policy, facility guide, standard or otherwise, to change the location of the dealership, replace, or construct a new dealer facility or substantially alter or remodel an existing dealer facility before the date that is ten years after the date the construction of the new dealer facility or substantial alteration or remodeling at that location was completed regardless of whether a successor dealer has been appointed; provided further, that such construction, alteration or remodeling substantially complied with the manufacturer’s or distributor’s brand image standards or plans that the manufacturer or distributor provided at the time the construction, alteration, or remodeling was completed.
(14) to require a dealer to provide to the franchisor representative, manufacturer or distributor its customer lists, service files, or information about a retail customer unless necessary: (a) for the sale and delivery of a new motor vehicle to a retail buyer; (b) to validate and pay customer or dealer incentives; (c) for reasonable marketing purposes; (d) for warranty reimbursement substantiation under this chapter; or (e) to enable the manufacturer to fulfill safety, recall, or other legal obligations imposed by state or federal law. A manufacturer or distributor shall not share, sell, or transfer to other dealers or third party’s customer information obtained from a dealer and not otherwise publicly available unless otherwise agreed to by the originating dealer or unless the franchise has been terminated. Notwithstanding any consent, authorization, release, franchise agreement or other agreement or contract, a manufacturer or distributor, or any third party acting on behalf or through a manufacturer or distributor, having electronic access to consumer or customer data or other information in a computer system utilized by a dealer, or who has otherwise been provided consumer or customer data or information by the dealer, shall fully indemnify and hold harmless the dealer from whom it has acquired the consumer or customer data or other information from all claims, demands, damages, liabilities, costs, and expenses incurred by the dealer, arising out of any alleged or actual data security breaches or other unlawful use of said customer or consumer data or other information by said manufacturer, distributor or third party acting on behalf of same, including, but not limited to, judgments, settlements, fines, penalties, expenses related to the disclosure of security breaches to customers and consumers, and attorneys’ fees and expenses arising out of complaints, claims, demands, security breaches, civil or administrative actions, and, to the fullest extent allowable under the law, attorneys’ fees and expenses arising from governmental investigations and prosecutions relating to the access, storage, maintenance, use, sharing, disclosure, or retention of the dealer’s consumer or customer data or other information, or maintenance or services provided to any computer system utilized by the dealer, by the manufacturer, distributor or third party acting on behalf of or through the manufacturer or distributor.
(15) to arbitrarily or unreasonably alter the geographic area of responsibility within which it measures the dealer’s performance. A manufacturer or distributor shall give advance notice of any proposed alteration of a dealer’s so-called area of responsibility at least 60 days before the effective date of a proposed alteration. Notice shall include an explanation of the basis for the change, and, upon request by such motor vehicle dealer within 30 days of the manufacturers or distributor’s notice, the manufacturer or distributor immediately shall provide sufficient supporting documentation. At any time prior to the effective date of such alteration, and after completion of any internal appeal process provided by a manufacturer or distributor, a dealer may protest the proposed alteration pursuant to section 15. Filing of a protest shall mean no alteration is effective until an agreement is reached by the parties, or a court makes a final determination. The court may affirm, deny, or modify the proposed alteration of the dealer’s area of responsibility, may enter any other orders necessary to ensure that an alteration of the dealer’s area of responsibility is reasonable in light of all the relevant circumstances, and may assess the attorneys’ fees and expenses among the parties to the protest as appropriate. A manufacturer or distributor shall not take any adverse action against a dealer as a result of a change to the dealer’s area of responsibility for at least 18 months after the effective date of the change.
(16) to require a dealer to purchase goods or services from a vendor selected, identified, or designated by a manufacturer or distributor by agreement, program, incentive provision, or otherwise in connection with a dealer expanding, constructing, or significantly modifying its dealership facility without allowing the dealer the option to obtain a good or service of substantially similar quality from a vendor chosen by the dealer and approved by the manufacturer, which approval may not be unreasonably withheld. For purposes of this subdivision, the term "goods" does not include moveable displays, brochures, and promotional materials containing material subject to intellectual property rights of, or parts to be used in repairs under warranty obligations of, a manufacturer or a distributor, or special tools and training as required by the manufacturer or distributor. Nothing under this paragraph shall be construed to (i) allow a dealer or vendor to eliminate or impair a manufacturers or distributor’s intellectual property rights, including trademarks, or (ii) permit a dealer to erect or maintain signs that do not conform to the intellectual property usage guidelines of the manufacturer.
(17) to offer, directly or indirectly, vehicles for lease or subscription in the commonwealth of the same line make as any of the vehicles manufactured, assembled or distributed by the manufacturer, distributor or franchise representative in the commonwealth and sold or leased in the commonwealth by a dealer affiliated with such manufacturer, distributor or franchisor representative, unless such lease or subscription is offered through, or in partnership with, a dealer of the same line make affiliated with said manufacturer, distributor or franchisor representative. For purposes of this paragraph, “subscription” means a contract or arrangement whereby a person, for a recurring fee, secures the exclusive use of a specific vehicle of the same line make for a term exceeding thirty days. This paragraph shall not apply to a rental company or rental agreement regulated pursuant to Section 32E ½ of chapter 90 of the General Laws.
(18) to require, attempt to require, coerce, or attempt to coerce a motor vehicle dealer to sell exclusively an extended service contract, extended maintenance plan or similar products, including, but not limited to, guaranteed automobile protection or guaranteed asset protection products, offered, endorsed or sponsored by the motor vehicle manufacturer, distributor or franchisor representative by any of the following means: (i) a statement made by the motor vehicle manufacturer, distributor or franchisor representative that failure to sell exclusively an extended service contract, extended maintenance plan or similar products will substantially and adversely impact the dealer; (ii) a provision in a franchise agreement that the dealer sell exclusively an extended service contract, extended maintenance plan or similar product offered, endorsed or sponsored by the motor vehicle manufacturer, distributor or franchisor representative; (iii) measuring the dealer’s performance under the franchise based on the sale of extended service contracts, extended maintenance plans or similar products offered, endorsed or sponsored by the motor vehicle manufacturer, distributor or franchisor representative; or (iv) requiring the dealer to exclusively promote the sale of extended service contracts, extended maintenance plans or similar products offered, endorsed or sponsored by the motor vehicle manufacturer, distributor or franchisor representative; provided, however, that nothing in this paragraph shall prohibit a motor vehicle manufacturer, distributor or franchisor representative from providing incentives to a dealer that encourages a voluntary decision to sell exclusively an extended service contract, extended maintenance plan or similar product, including, but not limited to, guaranteed automobile protection or guaranteed asset protection products offered, endorsed or sponsored by the manufacturer, distributor or franchisor; provided, further, that nothing in this paragraph shall require or prohibit a motor vehicle manufacturer, distributor, or franchisor representative from enforcing a requirement that a dealer provide the following notice prior to the sale of the service contract if the service contract is not provided or backed by the motor vehicle manufacturer and the vehicle is of the franchised line-make: “The service contract you are purchasing is not provided or backed by the manufacturer of the vehicle you are purchasing. The manufacturer of this vehicle is not responsible for claims or repairs under this service contract.”
SECTION 2. Subsection (b) of section 9 of said chapter 93B, as so appearing, is hereby amended by inserting after paragraph (4) the following paragraph: -
(5)(i) A manufacturer or distributor shall not require, influence, or attempt to influence a motor vehicle dealer to implement or change the prices for which it sells parts or labor in retail customer repairs. A manufacturer or distributor shall not implement or continue a policy, procedure, or program with any of its dealers in this state for compensation under this section which is inconsistent with this section.
(ii) A manufacturer or distributor shall not, pursuant to a surcharge or other assessment stated on the vehicle invoice provided to the dealer or through such other charge or means, otherwise recover its costs for reimbursing a dealer for parts and labor pursuant to this section; provided, however, that a manufacturer or distributor shall not be prohibited from increasing prices for vehicles or parts in the normal course of business.
SECTION 3. Said section 9 of said chapter 93B, as so appearing, is hereby further amended by inserting after subsection (j) the following subsections (k) and (l): -
(k) (1) Notwithstanding any provision of a franchise agreement, it shall be a violation of this chapter for a manufacturer, distributor, or franchisor representative, when providing a new motor vehicle to a dealer for offer or sale to the public, to fail to provide to such dealer a written disclosure that may be provided to a potential buyer of the new motor vehicle of each accessory or function of the vehicle that may be initiated, updated, changed, or maintained by the manufacturer, distributor, or franchisor representative through over the air or remote means, and the charge to the customer at the time of sale for such initiation, update, change or maintenance; provided, however, that the manufacturer, distributor, or franchisor representative may comply with this subsection by notifying the dealer that any such information is available on a website or by other digital means.
(2) Notwithstanding any provision of a franchise agreement, it shall be a violation of this chapter for a manufacturer, distributor, or franchisor representative to fail to provide reasonable compensation to a dealer for assistance requested by a customer whose vehicle was subjected to an over the air or remote change, repair, or update to any part, system, accessory, or function by the manufacturer, distributor, or franchisor representative and performed at the dealer’s dealership in order to satisfy the customer.
(l) Notwithstanding any provision of a franchise agreement, it shall be a violation of this chapter for a manufacturer, distributor, or franchisor representative to charge back or otherwise hold liable a franchised motor vehicle dealer for sales incentives or charges, deny vehicle allocation, withhold payments or other things of value for which the dealer is eligible, or take or threaten to take any other adverse action against the dealer, in connection with or as a result of any new motor vehicle sold by the dealer and subsequently exported from the United States; provided, however, that such dealer can demonstrate that after exercising due diligence and acting in good faith such dealer did not know nor reasonably should have known of the purchaser’s intention to export the motor vehicle. A franchised motor vehicle dealer which causes a new motor vehicle to be registered in the commonwealth or in a foreign state and causes to be collected the appropriate sales and use tax, or that reasonably relied on a franchisor to complete a sale shall be presumed to have exercised due diligence and acted in good faith. Prior to taking an adverse action against a dealer, including, but not limited to, a chargeback, as a result of an export, a manufacturer or distributor shall provide written notice to the franchised motor vehicle dealer of the adverse action, and, if a chargeback, the specific amount of the chargeback, and the vehicle or vehicles at issue. A dealer shall not be liable under this subsection for the delivery of any vehicle sold through a franchisor’s fleet program where the sale or lease was not initiated or negotiated by the dealer and dealer’s function was solely to provide delivery on behalf of the manufacturer or distributor.
SECTION 4. Section 15 of said chapter 93B, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection: -
(a) Any manufacturer, distributor or motor vehicle dealer who alleges an unfair method of competition or an unfair or deceptive act or practice as defined by this chapter, any act prohibited or declared unlawful by this chapter, or any rule or regulation adopted under this chapter, may bring an action in the superior court, or if applicable in the federal district court for the district of Massachusetts, for damages and equitable relief, including injunctive relief, as described in the following sentence: The party filing suit may obtain such equitable relief if it can demonstrate a substantial likelihood that the alleged conduct violates the provisions of this chapter.
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An Act to protect the civil rights and safety of all Massachusetts residents
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S1510
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SD1937
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T10:50:44.377'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T10:50:44.3766667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T10:52:43.7466667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-24T15:55:04.09'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-27T09:48:02.9933333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-27T17:05:35.1733333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T10:57:11.9233333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T10:57:11.9233333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T11:26:22.7433333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T16:01:19.47'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T15:24:30.3066667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-07T12:27:50.9933333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-09T09:17:18.1433333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-09T14:26:24.7233333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T08:53:49.1366667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-22T08:46:01.5866667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T10:30:30.7933333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-09T14:12:36.9633333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-14T10:10:13.2433333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-30T13:00:55.54'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-30T16:06:32.8866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1510/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1510) of James B. Eldridge, Liz Miranda, Ruth B. Balser, Joanne M. Comerford and other members of the General Court for legislation to protect the civil rights and safety of all Massachusetts residents. Public Safety and Homeland Security.
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SECTION 1. This act shall be known and may be cited as the “Safe Communities Act”
SECTION 2. Chapter 147 of the General Laws is hereby amended by inserting after section 62 the following section:-
Section 63. Updates to Law Enforcement Procedures
(a) Definitions
As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Law enforcement agency”, any state, municipal, college or university police department, sheriff’s department, correctional facility, prosecutorial office, court, probation office, or program of one or more of the foregoing entities, or any other non-federal entity in the commonwealth charged with the enforcement of laws or the custody of detained persons.
“Immigration enforcement”, any and all efforts to investigate, enforce, or assist in investigating or enforcing any federal immigration law. Such purposes do not include verification of an applicant’s eligibility for state or federal programs or services.
“United States Department of Homeland Security” or “DHS”, the United States Department of Homeland Security and its component agencies, including Immigration and Customs Enforcement, the former Immigration and Naturalization Service, Customs and Border Protection, and any other federal agency charged with enforcing immigration laws.
(b) Community relations with law enforcement agencies
Notwithstanding any general or special law to the contrary, no officer or employee of a law enforcement agency, while acting under color of law, shall question persons, including victims and witnesses of crimes, about their immigration status unless state or federal law requires the inquiry, provided that judges and magistrates may make such inquiries as are necessary to adjudicate matters within their jurisdictions.
(c) Due process protections
Notwithstanding any general or special law to the contrary, an interview, including any informal questioning, between an agent of the United States Department of Homeland Security or an officer or employee of a law enforcement agency and a person in the custody of a law enforcement agency conducted for immigration enforcement purposes shall take place only if the person in custody gives informed consent by signing a written consent form provided by the law enforcement agency. The consent form shall explain that: (i) the interview is for immigration enforcement or deportation purposes; (ii) any information provided at the interview can be used against the person; (iii) the person may decline to sign any documents that are presented during the interview; and (iv) the person may choose to decline the interview or to be interviewed only with an attorney present, at the person’s own expense. The consent form shall provide a checkbox or other means to indicate if an interview has taken place, and if so, if an attorney was present. The consent form shall be available in English and other languages commonly spoken in Massachusetts. The law enforcement agency shall make best efforts to provide a consent form that is in a language that the person understands, and to provide oral interpretation if needed, in order to obtain the person’s informed consent for the interview. The office of the attorney general shall prepare the consent form and make it available to law enforcement agencies, and may work with interested not-for-profit organizations to prepare translations of the form.
Any and all records relating to the granting of these interviews or questioning shall be public records as defined in paragraph 26 of section 7 of chapter 4, provided that names, addresses, phone numbers and other personal identifying information shall not be a public record. These records include the signed consent forms obtained before the interviews, and information about whether the interview or questioning was conducted in the presence of an attorney.
(d) The preceding subsections (b) and (c) shall not apply to interviews or questioning of persons who are held in Massachusetts correctional facilities under an Inter-Governmental Service Agreement with the United States Department of Homeland Security, provided, however, that persons who are booked into a correctional facility under such an agreement shall be advised at the booking that the person (i) has the right to seek legal counsel from an immigration attorney at their own expense; (ii) may choose to decline to speak with a DHS agent or to speak with the DHS agent only with an attorney present; and (iii) may decline to sign any documents presented by a DHS agent.
(e) Guidelines for reporting release information
Notwithstanding any general or special law to the contrary, no officer or employee of a law enforcement agency shall initiate communication with the United States Department of Homeland Security about the pending or imminent release, from state, local or county custody, of a person who is being released for any reason other than the end of a sentence of incarceration for a criminal conviction; provided, however, that nothing in this section shall prohibit or restrain any state or local agency from sending to, or receiving from, any local, state, or federal agency, information regarding citizenship or immigration status.
If a law enforcement agency receives a request for notification from the United States Department of Homeland Security regarding a person in its custody, including a request for notification under to federal form I-247A or I-247N, the law enforcement agency shall inform the person of the request and shall provide the person with a copy of the request and copies of any other documentation pertaining to the person’s case that is presented to the law enforcement agency by the United States Department of Homeland Security.
(f) Implementation and training
Notwithstanding any general or special law to the contrary, all law enforcement agencies in the commonwealth shall, within 12 months of passage of this act, incorporate information and guidance regarding this section into their regular introductory and in-service training programs. An individual may file a complaint for a violation of this section with the corresponding department or agency, which shall investigate the complaint. At the conclusion of the investigation, the agency head shall provide the executive office of public safety and security with a written summary of the investigation’s findings. If the agency head substantiates the allegations, the written summary shall provide details of the specific actions taken to correct the violation as well as details of the sanctions imposed on the subjects of the investigation, if any. Findings made under this subsection shall be public records as defined in paragraph 26 of section 7 of chapter 4, provided that personal identifying information shall not be a public record.
SECTION 3. Chapter 126 of the General Laws is hereby amended by inserting after section 39 the following section:-
Section 40. Notwithstanding any general or special law to the contrary, no officer or employee of the department of corrections, the state police, any sheriff’s department, or any city or town police department shall perform the functions of an immigration officer, whether pursuant to 8 U.S.C. section 1357(g) or any other law, regulation, or policy, whether formal or informal. Any agreements in existence at the time of the passage of the law that are inconsistent with this section are null and void. Any entity of the commonwealth or any political subdivision thereof that is a party to such an agreement on the date of the passage of this act shall, within 90 days, inform the other party or parties that the contract is null and void under Massachusetts law. Nothing in this section shall prohibit the department of correction or a house of correction from entering into an Inter-Governmental Service Agreement with the United States Department of Homeland Security in which persons in Immigration and Customs Enforcement custody are housed at the house of correction and the United States Department of Homeland Security pays a daily fee for each person detained there.
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An Act to provide criminal justice reform protections to all prisoners in segregated confinement
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S1511
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SD2383
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T16:17:08.73'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T16:17:08.73'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T16:17:22.12'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:01:05.5133333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T16:01:05.5133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-09T14:25:50.77'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-05-18T11:03:01.2566667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-24T07:04:59.83'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1511/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1511) of James B. Eldridge, Liz Miranda, Michael J. Barrett, Vanna Howard and others for legislation to provide criminal justice reform protections to all prisoners in segregated confinement. Public Safety and Homeland Security.
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SECTION 1. Section 1 of chapter 127 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “Victim” the following 6 definitions:-
“Segregated confinement”, a housing placement where a prisoner is separated from the general population. The department shall only utilize the following types of segregated confinement: (1) restrictive housing; (2) disciplinary restrictive housing; (3) secure adjustment units; (4) secure treatment units; (5) mental health watch; (6) accountability program unit; and (7) security watch.
“Secure adjustment unit”, a housing placement designed to provide access to cognitive behavioral treatment, education, programs, structured recreation, leisure time activities and mental health services for prisoners diverted from or released from restrictive housing.
“Health services unit”, a general population housing placement designed to deliver healthcare services to prisoners.
“Mental health watch”, a housing placement intended to protect a prisoner from serious self-harm.
“Security watch”, any 24-hour observation initiated through security threats or suspicion of ingesting substances including drugs.
“General population”, any housing placement where a prisoner is not held in segregated confinement. In no event shall any general population unit have conditions that are similar to or more restrictive than segregated confinement. These conditions shall include a prisoner's access to: out of cell time; the yard, gym and other recreational spaces; the law library; religious services; canteen; personal property; visitation, including both the total available visitation time and the opportunity for contact visits; telephones and video visits; opportunities to earn a wage and opportunities to earn good time. All such access shall be maximized as much as possible.
SECTION 1A. Section 1 of chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 70, the figure “22” and inserting in place thereof the following figure:- 21
SECTION 2. Said section 1 of said chapter 127, as so appearing, is hereby amended by striking out, in lines 27 and 30, the words “restrictive housing” and inserting in place thereof the following words:- segregated confinement
SECTION 3. Said section 1 of said chapter 127, as so appearing, is hereby amended by striking out, in lines 31 and 32, the words “clause (iv) or (v) of”
SECTION 4. Said section 1 of said chapter 127, as so appearing, is hereby amended by striking out the definition of “secure treatment unit” and inserting in place thereof the following definition:-
“Secure treatment unit”, a housing placement of any security level that is designed to provide an alternative to restrictive housing for prisoners diagnosed with serious mental illness and which provides clinically appropriate mental health treatment, programming, out of cell time, educational opportunities, programming and other services in accordance with clinical standards adopted by the department of correction in consultation with the department of mental health.
SECTION 5. Section 39 of said chapter 127, as so appearing, is hereby amended by striking out, in line 10, the words “restrictive housing units” and inserting in place thereof the following words:- segregated confinement units other than mental health watch
SECTION 6. Said section 39 of said chapter 127, as so appearing, is hereby amended by inserting after the word “authorized” in line 14 the following words: commensurate with the rights of general population prisoners
SECTION 7. Said section 39 of said chapter 127, as so appearing, is hereby amended by striking numeral (v), in lines 19 and 20, and replacing it with the following words “(v) access to a tablet and a radio or television, in accordance with the prisoner’s preference, if the confinement exceeds 48 hours.”
SECTION 8. Said section 39 of said chapter 127, is hereby amended by striking numeral (x) in subsection (b) and inserting the following two numerals in its place: (x) access to personal property unless contraindicated by qualified clinical mental health providers; (xi) other rights and privileges as may be established or recognized by the commissioner.
SECTION 9. Said section 39 of said chapter 127, as so appearing, is hereby amended by inserting at the end of subsection (d) the following sentences: Mental health treatment provided in segregated confinement shall be confidential and utilize best practices by professional standards. Medication alone, without therapy, does not constitute sufficient treatment; provided, however, that a prisoner may decline therapy without medication disruption if the prisoner does not want to participate in therapy. A minimum of 50 minutes of therapy per week shall be offered to every prisoner in segregated confinement by qualified clinical mental health providers.
SECTION 10. Said section 39 of said chapter 127, as so appearing, is hereby amended by inserting after subsection (e) the following subsection:- (f) Prisoners in segregated confinement shall be offered time out of cell indoors or outdoors, in accordance with the prisoner's preference, at least once a day unless contraindicated by qualified clinical mental health providers.
SECTION 11. Subsection (b) of said section 39 of said chapter 127, as so appearing, is hereby amended by inserting after the first sentence the following two sentences:- If canteen privileges or disability accommodations are deemed inconsistent with the security of the unit, such determination must be reviewed by the placement review examiners at each placement review, at which time the placement review examiners must override the determination if there is not substantial evidence to support it. The placement review examiners shall provide written explanation of their determination and all evidence relied upon, and all such determinations are final agency decisions.
SECTION 12. Said section 39 of said chapter 127, as so appearing, is hereby amended by striking out, in lines 34 and 41, the words “restrictive housing” and inserting in place thereof the following words:- segregated confinement
SECTION 13. Said section 39 of said chapter 127, as so appearing, is hereby amended by striking out, in lines 36, 37, 38 and 39, the words “or restrictive housing is otherwise clinically contraindicated based on clinical standards adopted by the department of correction and the qualified mental health professional’s clinical judgment” and inserting in place thereof the following words:- “. A prisoner with a serious mental illness or who is otherwise clinically contraindicated for restrictive housing, disciplinary restrictive housing or secure adjustment units, based on clinical standards adopted by the department of correction and the qualified mental health professional’s clinical judgment, shall only be placed in secure treatment units, mental health watch or general population units. Secure treatment units may be any level of security deemed appropriate for the population. They shall meet minimum standards for mental health treatment, programming and education, as established by the department’s director of behavioral health in consultation with the department of mental health. They shall have minimum out of cell time of no less than 5 hours daily. All secure treatment units must be co-directed by one correctional staff person and 1 clinical staff person, with equal authority in the unit. All clinical treatment and supervision of prisoners placed in secure treatment units shall be provided by qualified clinical mental health providers. The mental health providers will make the determination regarding readiness for the prisoner to be moved to a less restrictive unit.”
SECTION 14. Said section 39 of said chapter 127, as so appearing, is hereby amended by striking out, in line 47, the words “restrictive housing” and inserting in place thereof the following words:- segregated confinement other than a secure treatment unit or mental health watch
SECTION 15. Section 39A of said chapter 127, as so appearing, is hereby amended by striking out, in line 1 , the words “restrictive housing” and inserting in place thereof the following words:- segregated confinement other than a secure treatment unit or mental health watch
SECTION 16. Said section 39A of said chapter 127, as so appearing, is hereby amended by inserting after the words “restrictive housing” in line 4 the following words:- , “disciplinary restrictive housing or a secure adjustment unit”
SECTION 17. Said section 39A of said chapter 127, as so appearing, is hereby amended by striking out, in lines 12, 17, 20, 22, 34, 35, 38 and 39, the words “restrictive housing” and inserting in place thereof the following words:- segregated confinement
SECTION 18. Said section 39A of said chapter 127, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:- “(d) a prisoner who is pregnant or who is in the first 8 weeks of the postpartum recovery period after giving birth shall not be placed in segregated confinement.”
SECTION 19. Said section 39A of said chapter 127, as so appearing, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:- (e) Persons with permanent physical or developmental disabilities shall not be placed in segregated confinement.
SECTION 20. Said section 39A of said chapter 127, as so appearing, is hereby amended by inserting after subsection (f) the following subsection:- (g) A prisoner 21 years of age or younger or 55 years of age or older shall not be placed in segregated confinement.
SECTION 21. Section 39B of said chapter 127, as so appearing, is hereby amended by striking out, in lines 1, 4, 17, 34 and 35, the words “restrictive housing” and inserting in place thereof the following words:- segregated confinement
SECTION 22. Said section 39B of said chapter 127, as so appearing, is hereby amended by inserting after the word “39A”, in line 4, the following words:- or subsection (a) of section 39I,
SECTION 23. Said section 39B of said chapter 127 is hereby amended by striking from subsection (a) numerals (iv) and (v) and inserting in place thereof:- (iv) is being held for any other reason, every 30 days.
SECTION 24. Said section 39B of said chapter 127, as so appearing, is hereby amended by inserting after the words “restrictive housing” in lines 11 and 12 the following words:- , disciplinary restrictive housing, a secure adjustment unit or a secure treatment unit following an allegation or finding of a disciplinary breach
SECTION 25. Said section 39B of said chapter 127, as so appearing, is hereby amended by striking out, in line 20, the word “or” and inserting in place thereof the following word:- and
SECTION 26. Said section 39B of said chapter 127, as so appearing, is hereby amended by inserting after the word “writing” in line 20 the following words:- and be represented by an advocate of the prisoner’s choosing including, but not limited to, a legislator, law student, lawyer, paralegal or other legal representative
SECTION 27. Said section 39B of said chapter 127, as so appearing, is hereby amended by striking out, in lines 22 and 23, the words “the evidence relied on and the reasons for the placement decision” and inserting in place thereof the following words:- “(1) any negative effects of segregated confinement on the prisoner and the extent to which such effects may be impacting the prisoner’s behavior and perceived level of risk, (2) whether a reasonable probability of safety for the prisoner and third parties could be achieved if the prisoner were confined to general population or a less restrictive form of segregated confinement than the prisoner has been assigned to, (3) the factual basis or bases for the placement decision, (4) a written description of any statements made by the prisoner during the hearing and (5) attaching all supporting records and all records submitted by the prisoner”
SECTION 28. Said section 39B of said chapter 127, as so appearing, is hereby amended by striking out subsection (d).
SECTION 29. Said section 39B of said chapter 127, as so appearing, is hereby amended by inserting after subsection (e) the following two subsections:- (f) There shall be a presumption in favor of release to the general population at every placement review, and a prisoner may only be retained in segregated confinement if there is clear and convincing evidence that the prisoner poses an unacceptable risk in the general population as provided in subsection (a) of section 39, documented in writing. If a prisoner is being held in segregated confinement awaiting a disciplinary hearing or on any other awaiting action or investigation status, the prisoner shall be reviewed every 3 days by clinical staff and they shall be returned to the general population once clinical staff determine the prisoner no longer poses a threat of harm to themselves or others, in no event greater than 15 days. Any time on any awaiting action status shall be credited towards any subsequent disciplinary offense, and no disciplinary sanction shall be extended as the result of such credit. (g) If a placement review causes a prisoner to be held in segregated confinement for more than 90 days over a one-year period, the placement review shall constitute a final agency decision. The prisoner may file a complaint challenging the prisoner’s placement in segregated confinement in the superior court for the county in which the inmate is incarcerated or otherwise being held or in Suffolk county in accordance with section 14 of chapter 30A. The superior court shall determine if there is substantial evidence to support the determination of the placement review. If there is substantial evidence to support the determination of the placement review then the court shall: (1) uphold the placement in segregated confinement or (2) make other orders the court deems consistent with justice. If there is not substantial evidence to support the determination of the placement review then the court shall: (1) order that the prisoner shall be housed in the general population; (2) order that the prisoner shall be housed in a less restrictive form of segregated confinement than the prisoner is currently confined to; (3) order that the prisoner shall be housed in the type of segregated confinement that the department assigned the prisoner to; or (4) make other orders the court deems consistent with justice. The availability of review under this section shall not be construed to limit any judicial remedies otherwise available.
SECTION 30. Section 39C of said chapter 127, as so appearing, is hereby amended by striking out, in line 4, the words “restrictive housing” and inserting in place thereof the following words:- segregated confinement
SECTION 31. Section 39D of said chapter 127, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “restrictive housing” and inserting in place thereof the following words:- segregated confinement
SECTION 32. Said section 39D of said chapter 127, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) The commissioner shall publish a report quarterly and provide directly to the segregated confinement oversight committee and to the special commission to study the health and safety of lesbian, gay, bisexual, transgender, queer and intersex prisoners in correctional institutions, jails and houses of correction, as to each segregated confinement unit within each state correctional facility, and every 6 months as to each segregated confinement unit within each county correctional facility: (i) the number of prisoners as to whom a finding of serious mental illness has been delineated by diagnosis and the number of such prisoners held for more than 15 days; (ii) the number of prisoners who have committed suicide or committed non-lethal acts of self-harm; (iii) the number of prisoners according to the reason for their segregated confinement; (iv) a listing of prisoners with names redacted, including an anonymized identification number that shall be consistent across reports, age, race, gender and ethnicity and, if known, the voluntary self-identified sexual orientation, as defined in section 3 of chapter 151B, and gender identity, as defined in section 7 of chapter 4, of each prisoner subjected to segregated confinement, whether the prisoner was pregnant during time spent in restrictive housing, whether the prisoner has an open mental health case, the date of the prisoner’s commitment to segregated confinement, the length of the prisoner’s disciplinary term, if applicable and a summary of the reason for the prisoner’s commitment; (v) the number of placement reviews conducted for each type of segregated confinement and the number of prisoners released from each type of segregated confinement as a result of such placement reviews; (vi) the length of original assignment to and total time served in segregated confinement for disciplinary purposes for each prisoner released from said confinement as a result of a placement review; (vii) the count of prisoners released to the community directly or within 30 days of release from segregated confinement; (viii) the known disabilities of every prisoner who was placed in segregated confinement during the previous 3 months; (ix) the number of mental health professionals who work directly with prisoners in segregated confinement; (x) the number of transfers to outside hospitals directly from segregated confinement; (xi) such additional information as the commissioner may determine; (xii) the number of prisoners subjected to each type of segregated confinement; (xiii) the number of prisoners held in segregated confinement for more than 15 days; (xiv) the number of prisoners 21 years of age or younger subjected to each type of segregated confinement; (xv) the number of pregnant prisoners subjected to each type of segregated confinement; (xvi) the racial and ethnic composition of prisoners subjected to each type of segregated confinement; (xvii) the sexual orientation and gender identity composition of prisoners subjected to each type of segregated confinement who have voluntarily disclosed during Prison Rape Elimination Act screenings or voluntarily disclose and self-identify at any other time during their incarceration their sexual orientation, as defined in section 3 of chapter 151B or gender identity, as defined in section 7 of chapter 4; (xviii) the number of prisoners subjected to multiple stays in each type of segregated confinement in a given reporting period; (xix) the rate of recidivism for individuals that were subject to segregated confinement. The information shall be published in a commonly available electronic, machine readable format.
SECTION 33. Said section 39D of said chapter 127, as so appearing, is hereby amended by inserting the following subsection:-
(d) The commissioner with consultation from the administrators of county correctional facilities, the department of public health, the department of youth services, the Fenway Institute and input from other stakeholders shall develop policies and procedures for prisoners to voluntarily disclose their sexual orientation or gender identity during initial intake to state and county correctional facilities and upon placement in segregated confinement. The collection of sexual orientation or gender identity information voluntarily provided by prisoners placed in or currently held in segregated confinement must be collected by members of the special commission on the health and safety of lesbian, gay, bisexual, transgender, queer and intersex prisoners.
SECTION 34. Section 39E of said chapter 127, as so appearing, is hereby amended by striking out, in line 2, the words “restrictive housing” and inserting in place thereof the following words:- segregated confinement
SECTION 35. Section 39F of said chapter 127, as so appearing, is hereby amended by striking out, in lines 3 and 8, the words “restrictive housing” and inserting in place thereof the following words:- segregated confinement other than mental health watch
SECTION 36. Said section 39F of said chapter 127, as so appearing, is hereby amended by striking out, in line 4, the words “restrictive housing” and inserting in place thereof the following words:- segregated confinement
SECTION 37. Section 39G of said chapter 127, as so appearing, is hereby amended by striking out, in lines 1, 26, 27, 36, 40, 41, 42, 43, 44, 45 and 47, the words “restrictive housing” and inserting in place thereof the following words:- segregated confinement
SECTION 38. Said section 39G of said chapter 127, as so appearing, is hereby amended by striking out, in line 6, the word “9” and inserting in place thereof the following word:- 10
SECTION 39. Said section 39G of said chapter 127, as so appearing, is hereby amended by inserting after the word “designee”, in line 18, the following words:- , 1 of whom shall be an individual who has personally experienced segregated confinement
SECTION 40. Said section 39G of said chapter 127, as so appearing, is hereby amended by striking out, in line 29, the word “The” and inserting in place thereof the following words:- All members of the
SECTION 41. Said section 39G of said chapter 127, as so appearing, is hereby amended by inserting after the word “institutions” in lines 29 and 30, the following words:- , including for surprise inspections,
SECTION 42. Subsection (c) of said section 39G of said chapter 127, as so appearing, is hereby amended by inserting after the first sentence the following four sentences:- No restrictions shall be placed on the ability of members of the committee to speak with the public or the press about public aspects of the committee’s work. The committee may ask the department and sheriff’s departments to develop new data and information relating to the use of segregated confinement. The committee shall be entitled to review nonpublic information and records, including, but not limited to, personnel records and prisoner records. The committee shall be entitled to review and obtain copies of all public information and records, including all public information that is segregable from non-public information and records.
SECTION 43. Said chapter 127, as so appearing, is hereby amended by inserting after section 39H the following section:- Section 39I. (a) A prisoner may be placed on mental health watch only if it is determined by a qualified mental health professional’s clinical judgment that the prisoner requires observation to protect the prisoner from a risk of serious self-harm.
(b) A prisoner who has been placed on mental health watch for more than 72 hours and continues to require observation to protect the prisoner from a risk of serious self-harm, as determined by a qualified mental health professional’s clinical judgment, shall receive enhanced clinical care at a specialized hospital.
(c) All prisoners who have been placed on mental health watch shall be fully clothed, limited only by patient safety considerations. Clothing shall be substantially similar to that which is worn in general population, and any limitations to clothing shall be determined only by a qualified clinical mental health professional.
(d) All menstruating prisoners shall be provided with appropriate personal hygiene supplies throughout the duration of their menstrual cycle.
(e) All prisoners who have been placed on mental health watch shall be provided a minimum of 2 blankets of the same or of substantially similar quality to blankets provided in general population.
(f) All prisoners who have been placed on mental health watch shall be offered time out of cell indoors or outdoors, in accordance with the prisoner's preference, at least once daily unless contraindicated by qualified clinical mental health providers.
SECTION 44. Chapter 127 of the General Laws is hereby amended by inserting after section 48B the following section:-
Section 48C: The commissioner and administrators of state prisons and county facilities shall maximize out of cell time and opportunities for prisoner participation in education, training, employment and all other programming including programming related to rehabilitation, health care and substance use. All prisoners shall have the opportunity to access at least 1 hour of programming daily at least 5 days per week. With the exception of restrictive housing and security or operational emergencies, no prisoner shall be locked into a cell for more than 16 hours daily.
SECTION 45: Section 48 of Chapter 127 is hereby amended by adding after the first sentence of the second paragraph the following sentence:- Every state and county correctional facility must have at least one general high school equivalency class available and shall ensure access to higher education.
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