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An Act authorizing the state retirement board to retire Richard D'Auria, a University of Massachusetts police officer disabled by cardiac disease, under the provisions of the "Heart Law"
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S1693
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SD639
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:42:28.087'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:42:28.0866667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-07T11:35:05.26'}]
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1693) of Edward J. Kennedy and Michael O. Moore for legislation to authorize the state retirement board to retire Richard D'Auria, a University of Massachusetts police officer disabled by cardiac disease, under the provisions of the "Heart Law". Public Service.
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SECTION 1. Notwithstanding any general or special law to the contrary, the state retirement board shall retire Richard D'Auria, a University of Massachusetts police officer, as defined in ection 1 of chapter 6E, who as a result of occupationally-related disability occurring while in the performance of duty, is totally and permanently incapacitated from performing essential duties as a police officer, shall be retired under the provisions of Section 94 of chapter 32 of the General Laws.
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An Act providing equity to police officers disabled by cardiac disease
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S1694
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SD1276
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:46:38.59'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:46:38.59'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T10:55:21.35'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-09T10:55:21.35'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-06-21T11:23:34.87'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-09-13T11:52:45.2066667'}]
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1694) of Edward J. Kennedy, Joanne M. Comerford and Bruce E. Tarr for legislation to provide equity to police officers disabled by cardiac disease. Public Service.
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SECTION 1. Section 94 of Chapter 32 of the General Laws, as so appearing, is hereby amended by inserting after the words "Massachusetts Bay Transportation Authority," the following words:- or of the police force of the University of Massachusetts, or of the police force of the Massachusetts Port Authority, or of the police forces of the state universities and community colleges, or of the police force of the Executive Office of Environmental Affairs"
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An Act relative to retirement for nuclear reactor operators
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S1695
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SD1817
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-20T09:22:41.763'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-20T09:22:41.7633333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-07T11:34:55.3833333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-07T11:34:55.3833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T10:55:28.7233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-22T10:13:22.6233333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-22T10:13:22.6233333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-02T10:51:58.48'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-03-02T10:51:58.48'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-03T11:45:28.9466667'}]
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1695) of Edward J. Kennedy, Michael O. Moore, John J. Cronin, Patrick M. O'Connor and other members of the General Court for legislation relative to retirement for nuclear reactor operators. Public Service.
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Section 3 of Chapter 32 of the General Laws as appearing in the 2020 Official edition is hereby amended by inserting after the word "managers;" in line 291 the following:- "employees of University of Massachusetts Lowell working as Director of Radiation Safety, Radiation Safety Specialist, Accelerator Supervisor, Radiation Services Manager, Nuclear Reactor Supervisor, Chief Reactor Operator, Nuclear React Operator-professional and Reactor Engineer;".
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An Act relative to the collective bargaining rights for employees of the committee for public counsel services
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S1696
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SD919
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T13:23:38.113'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T13:23:38.1133333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-28T11:12:49.7866667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T15:30:57.6633333'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1696) of Jason M. Lewis and James K. Hawkins for legislation relative to collective bargaining rights for employees of the committee for public counsel services. Public Service.
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SECTION 1. Section one of Chapter 150E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding to the end of the seventh paragraph, titled "Employer" or "public employer", the following sentence:- In the case of employees of the committee for public counsel services, employer shall mean the committee for public counsel services or its designee.
SECTION 2. Section seven of Chapter 150E of the General Laws as appearing in the 2020 Official Edition is hereby amended by striking the word "or" before the word “commission” and inserting after the word “commission” in line 15 the following words:- or the committee for public counsel Services.
SECTION 3. Section 7 of Chapter 150E of the General Laws as appearing in the 2020 Official Edition is hereby amended by striking the word "and" before the words “the state lottery commission” and inserting after the word “commission” in line 32 the following words:- and committee for public counsel services.
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An Act relative to the active service buy-back program for firefighters and police officers
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S1697
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SD1026
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T11:03:30.76'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T11:03:30.76'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1697) of Jason M. Lewis for legislation relative to the active service buy-back program for firefighters and police officers. Public Service.
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SECTION 1. Clause (h) of subsection 1 of section 4 of chapter 32 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after “system;”, in line 156, the following words:- “, provided further that a veteran who has creditable service as a fire fighter or police officer may purchase creditable service for active services in the armed forces of the United States at the same rate as a fire fighter or police officer pursuant to this section;"
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An Act relative to the SMART plan
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S1698
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SD256
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:23:45.193'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:23:45.1933333'}, {'Id': 'TRE7', 'Name': 'Deborah B. Goldberg, Treasurer and Receiver General', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TRE7', 'ResponseDate': '2023-01-21T07:41:10.98'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-12T14:45:48.3533333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T12:23:36.42'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1698) of Joan B. Lovely and Deborah B. Goldberg, Treasurer and Receiver General for legislation relative to the SMART plan. Public Service.
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SECTION 1. Section 64 of chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking, in line 31, the words “independent contractors” and inserting in place thereof the following words:-
contracted employees
SECTION 2. Said section 64 of said chapter 29 of the General Laws, as so appearing, is hereby further amended by inserting at the end thereof the following paragraphs:-
The state treasurer, on behalf of the deferred compensation program, may adopt annual budgets and supplemental budgets as necessary. Said budgets may include salaries for treasury employees tasked with working on and/or administering the deferred compensation program, and said budgets may be funded from the administrative expense account of the deferred compensation program. Any such treasury employee whose compensation is sourced from the deferred compensation program shall be an “employee” as that term is defined in section 1 of chapter 32 and shall be a member of the Massachusetts state employees’ retirement system.
The state treasurer, on behalf of the commonwealth, may establish an automatic enrollment feature within the deferred compensation program. The automatic enrollment feature does not require advance authorization by an employee, and is hereby deemed to be an exception to the provisions of the Massachusetts Wage Act or any other state law requiring employee authorization for a payroll deduction or any similar ordinance of a governmental body. The details of the automatic enrollment feature shall be set forth in the deferred compensation plan document and shall include:
(a) A provision that automatic enrollment shall apply only to new employees of the commonwealth, meaning employees hired on or after June 1, 2022; but that for any commonwealth agencies or departments that have Code section 403(b) eligible employees, automatic enrollment shall only apply at the commonwealth agency’s or department’s discretion and affirmative election;
(b) A provision that automatic enrollment shall apply only to new employees of a “governmental body”, as defined in section 64B of chapter 29 of these general laws, if the governmental body elects to implement the automatic enrollment feature for its employees;
(c) A provision that automatic enrollment may not require more than the IRS safe harbor maximum deferral percentage;
(d) A provision that the amount of compensation deferred by an automatically-enrolled employee shall automatically increase by a specified amount each year unless the participating employee elects not to participate in auto escalation or elects to defer a different amount than specified;
(e) A provision that an employee who is automatically enrolled shall have as long as ninety days to discontinue participation in the plan;
(f) A provision that an automatically-enrolled employee who discontinues participation in the plan within ninety days shall receive a refund of their account as soon as practicable after discontinuing participation;
(g) A provision that the plan shall specify a qualified default investment option to receive contributions by any automatically-enrolled employee who does not choose an investment alternative to receive the employee’s contributions; and
(h) A provision that the plan shall adhere to notice requirements to automatically-enrolled participants in accordance with the Internal Revenue Code and applicable IRS Rulings.
SECTION 3. Section 64B of chapter 29 of the General Laws, as appearing in the 2020 Edition, is hereby amended by inserting between the third and fourth paragraphs the following paragraph:-
The treasurer or, if there is no treasurer, the chief financial officer by whatever name that person is called, on behalf of a governmental body, may, at its own election, implement an automatic enrollment feature within its deferred compensation program established pursuant to this section 64B, chapter 29. The automatic enrollment feature does not require advance authorization by an employee and is hereby deemed to be an exception to the provisions of the Massachusetts Wage Act or any other state law requiring employee authorization for a payroll deduction or any similar ordinance of a governmental body. Subject to the election of each governmental body, any such auto enrollment feature permitted as a part of a governmental body’s deferred compensation program shall only apply to new employees of a governmental body hired on or after June 1, 2024 and such deferred compensation program will be required to include the specifications for auto enrollment detailed in subsections (b)-(h) of section 64 of chapter 29 of the General Laws.
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An Act establishing fairness in GIC premium contributions
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S1699
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SD1860
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:12:56.047'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:12:56.0466667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-13T20:40:20.53'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-13T20:40:20.53'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-13T20:40:20.53'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T20:40:20.53'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T09:29:07.4333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T15:40:28.2'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 1699) of Paul W. Mark, Walter F. Timilty, Michael D. Brady, Marc R. Pacheco and other members of the Senate for legislation to establish fairness in GIC premium contributions. Public Service.
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SECTION 1. Section 8 of chapter 32A of the General Laws, is hereby amended by striking out the word “seventy-five”, in line 6, and inserting in place thereof the following word:- eighty.
SECTION 2. Said section 8 of said chapter 32A, as so appearing, is hereby further amended by striking out the word “seventy-five”, in line 12, and inserting in place thereof the following word:- eighty.
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Proposed Senate Rules for the 2023-2024 Legislative Session
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S17
| null | 193
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{'Id': 'TS29', 'Name': 'Temporary Senate Committee on Rules', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/TS29', 'ResponseDate': '2023-02-02T09:54:34.86'}
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Report
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Senate, February 2, 2023 – Text of the proposed Senate Rules recommended by the temporary committee on Rules to be adopted as the permanent rules of the Senate for 2021-2022.
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[{'Action': 'Committee Report', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'TS29', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/TS29'}, 'Votes': []}]
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'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/10/'}, {'AmendmentNumber': '11', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/11/'}, {'AmendmentNumber': '12', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/12/'}, {'AmendmentNumber': '13', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/13/'}, {'AmendmentNumber': '14', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/14/'}, {'AmendmentNumber': '15', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/15/'}, {'AmendmentNumber': '16', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/16/'}, {'AmendmentNumber': '17', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/17/'}, {'AmendmentNumber': '18', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/18/'}, {'AmendmentNumber': '19', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/19/'}, {'AmendmentNumber': '20', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/20/'}, {'AmendmentNumber': '21', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/21/'}, {'AmendmentNumber': '22', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/22/'}, {'AmendmentNumber': '23', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/23/'}, {'AmendmentNumber': '24', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/24/'}, {'AmendmentNumber': '25', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/25/'}, {'AmendmentNumber': '26', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/26/'}, {'AmendmentNumber': '27', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/27/'}, {'AmendmentNumber': '28', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/28/'}, {'AmendmentNumber': '29', 'ParentBillNumber': 'S17', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S17/Branches/Senate/Amendments/29/'}]
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An Act establishing an online lottery
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S170
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SD1791
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T14:22:54.067'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T14:22:54.0666667'}, {'Id': 'TRE7', 'Name': 'Deborah B. Goldberg, Treasurer and Receiver General', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TRE7', 'ResponseDate': '2023-01-19T21:38:02.38'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S170/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 170) of Paul R. Feeney and Deborah B. Goldberg, Treasurer and Receiver General for legislation to establish an online lottery. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 10 of the General Laws is hereby amended by striking out section 24, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 24. (a) The commission is hereby authorized to conduct a state lottery and shall determine: (i) the types of lottery or lotteries, to be conducted; (ii) the price, or prices, of tickets or shares in the lottery; (iii) the numbers and sizes of the prizes on the winning tickets or shares; (iv) the manner of selecting the winning tickets or shares; (v) the manner of payment of prizes to the holders of winning tickets or shares; (vi) the frequency of the drawings or selections of winning tickets or shares; (vii) the type or types of locations at which tickets or shares may be sold; (viii) the method to be used in selling tickets or shares; (ix) the licensing of agents to sell tickets or shares; provided, however, that no person under the age of eighteen shall be licensed as an agent; (x) the manner and amount of compensation, if any, to be paid licensed sales agents; provided, however, that the amount of compensation, if any, to be paid to licensed sales agents as a commission pursuant to this section shall be calculated on the total face value of each ticket or share sold and not on any discounted price of any such ticket or share sold; and (xi) such other matters necessary or desirable for the efficient and economical operation and administration of the lottery and for the convenience of the purchasers of tickets or shares and the holders of winning tickets or shares. The commission is authorized to operate the daily numbers game seven days a week. Each physical state lottery ticket or share shall have imprinted thereon the state seal and a serial number. The commission may establish, and from time to time revise, such rules and regulations as it deems necessary or desirable and shall file the same with the office of the state secretary.
(b) The commission shall establish rules and regulations for lotteries conducted online, over the internet, through the use of a mobile application or through any other means that shall, at a minimum:
(i) require age verification measures to be reasonably designed to block access to and prevent sales of lottery tickets, games or shares online, over the internet, through the use of a mobile application or through any other means to persons under the age of 18;
(ii) limit sales of lottery tickets, games or shares online, over the internet, through the use of a mobile application or through any other means to transactions initiated and received, or otherwise made, within the commonwealth;
(iii) allow any player to voluntarily prohibit or otherwise exclude themselves from purchasing a lottery ticket, game or share online, over the internet, through the use of a mobile application or through any other means;
(iv) establish maximum limits for account deposits and transactions of lottery tickets, games or shares conducted online, over the internet, through the use of a mobile application or through any other means and allow players to reduce their own deposit or transaction limit at any time;
(v) clarify that money in a lottery account belongs solely to the owner of the account and may be withdrawn by the owner at any time;
(vi) require the commission to implement promotional activities to encourage the purchase of lottery tickets, games or shares through licenses sales agents including, but not limited to, the sale of prepaid gift cards for lottery sales through licensed sales agents; and
(vii) prohibit the purchase or other use of any personal or identifying information of an individual who purchases lottery tickets, game or shares online, over the internet, through the use of a mobile application, or through any other means.
(c) Notwithstanding any general or special law to the contrary, the name, address, transaction history, account balance or other personal or identifying information of an individual who purchases lottery tickets, games or shares online, over the internet, through the use of a mobile application or through any other means shall not be deemed public records of the commission for the purposes of section 10 of chapter 66; provided, however, that this section shall not prohibit the commission from maintaining, using or sharing such information in the course of an investigation by law enforcement or in compliance with sections 28A or 28B of this chapter.
(d) The commission shall advise and make recommendations to the director regarding the operation and administration of the lottery. The commission shall report monthly to the governor, the attorney general and the general court, the total lottery revenues, prize disbursements and other expenses for the preceding month, and shall make an annual independently audited financial report to the same which shall include a full and complete statement of lottery revenues, prize disbursements and other expenses, including such recommendations as it may deem necessary or advisable, which shall be made available electronically to the general public not later than the earliest date established for reports in section 12 of chapter 7A. The commission shall report immediately to the governor and the general court any matters which require immediate changes in the laws of the commonwealth in order to prevent abuses and evasions of the lottery law or rules and regulations promulgated thereunder or to rectify undesirable conditions in connection with the administration or operation of the state lottery.
(e) The commission is authorized to carry on a continuous study and investigation of said lottery throughout the commonwealth in order to: (i) to ascertain any defects in the state lottery law or in the rules and regulations issued thereunder whereby any abuse in the administration and operation of the lottery or any evasion of said law or said rules and regulations may arise or be practiced, (ii) to formulate recommendations for changes in said law and the rules and regulations promulgated thereunder to prevent such abuses and evasions, and (iii) guard against the use of said law and rules and regulations issued thereunder as a cloak for the carrying on of organized gambling and crime.
(f) The commission shall make a continuous study and investigation of the operation and administration of similar laws in other states or countries, of any literature on the subject which from time to time may be published or available, of any federal laws which may affect the operation of the lottery, and of the reaction of citizens of the commonwealth to existing and potential features of the lottery with a view to recommending or effecting changes that will tend to better serve and implement the purposes of the state lottery law.
(g) The concurrence of the chairman and of not less than two other members of the commission shall be required for all official actions of the commission. A copy of the minutes of each meeting of the commission, including any rules and regulations adopted by the commission or any amendments thereof, shall be forthwith transmitted, by and under the certification of the secretary thereof, to the governor.
(h) The commission shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records and other evidence before it in any matter over which it has jurisdiction, control or supervision. The commission shall have the power to administer oaths and affirmations to persons whose testimony is required.
SECTION 2. Section 24A of said chapter 10, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) For the purposes of this section, ''group agreement'' shall mean any lottery activity in which the commission participates pursuant to a written agreement between the commission, on behalf of the commonwealth, and any state, territory, country or other sovereignty. The commission is hereby authorized to enter into agreements with one or more states or other jurisdictions, hereinafter referred to as a group, for the purpose of creating and maintaining multi-jurisdictional lottery games, including multi-jurisdictional lottery games to be conducted online, over the internet, through the use of a mobile application or through any other means; provided, however, that any such lottery game to be conducted online, over the internet, through the use of a mobile application or through any other means has been properly authorized by each state or other jurisdiction that is part of the group; provided, further, that a group agreement shall not include the state lottery games created pursuant to section 24; provided further, that nothing in this section and nothing in a group agreement shall authorize the commission to make expenditures that are not consistent with restrictions on expenditures by the commission provided in any other general or special law. The group shall determine the types of lotteries to be conducted, the prices of tickets or shares, the manner of selecting the winning tickets or shares, the manner of payment of prizes to the holders of winning tickets or shares and the frequency of the drawings or selection of winning tickets or shares. The commission may establish, and from time to time revise, such rules and regulations as it deems necessary or desirable to carry out the group agreement and shall file the same with the office of the state secretary.
SECTION 3. Said chapter, as so appearing, is hereby amended by striking out section 25 and inserting in place thereof the following section:-
Section 25. (a) The apportionment of the total revenues accruing from the sale of lottery tickets or shares and from all other sources at the point of sale shall be as follows: (i) the payment of prizes to the holders of winning tickets or shares which in any case shall be no less than forty-five per cent of the total revenues accruing from the sale of lottery tickets; (ii) the payment of costs incurred in the operation and administration of the lottery, including the expenses of the commission and the costs resulting from any contract or contracts entered into for promotional, advertising or operational services or for the purchase or lease of lottery equipment and materials which in no case shall exceed fifteen per cent of the total revenues accruing from the sale of lottery tickets, subject to appropriation; and (iii) the balance shall be used to fund budgeted aid to cities and towns as provided in section 18C of chapter 58, subject to appropriation.
(b) The apportionment of the total revenues accruing from the sale of lotteries conducted online, over the internet, through the use of a mobile application or through any other means as authorized by section 24 of this chapter shall be as follows: (i) the payment of prizes to the holders of winning tickets or shares; (ii) the payment of costs incurred in the operation and administration of such lotteries, including the expenses of the commission and the costs resulting from any contract or contracts entered into for promotional, advertising or operational services or for the purchase or lease of lottery equipment and materials which in no case shall exceed fifteen per cent of the total revenues accruing from the sale of lottery tickets, subject to appropriation; and (iii) the balance shall be used to fund budgeted aid to cities and towns as provided in section 18C of chapter 58, subject to appropriation; provided that, in any fiscal year where the balance used to fund such budgeted aid exceeds one-hundred-three per cent of budgeted aid apportioned in the previous fiscal year, the portion of the balance exceeding one-hundred-three per cent shall be apportioned as follows:-- (i) twenty five per cent to the Massachusetts School Building Authority established in section 1A of chapter 70B; (ii) twenty five per cent to special education programs as set forth in chapter 71B; and (ii) fifty per cent to fund budgeted aid to cities and towns as provided in section 18C of chapter 58, subject to appropriation.
SECTION 4. Section 3 of chapter 137 of the General Laws, as so appearing, is hereby amended by inserting after the word “to”, in line 6, the following words:- “chapter 10 or”.
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An Act relative to the Group Insurance Trust Fund
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S1700
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SD1936
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:45:48.673'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:45:48.6733333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-13T20:40:01.5766667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-13T20:40:01.5766667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-13T20:40:01.5766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T20:40:01.5766667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T09:28:58.7933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T15:40:16.0333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1700/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 1700) of Paul W. Mark, Walter F. Timilty, Michael D. Brady, Marc R. Pacheco and other members of the Senate for legislation relative to the Group Insurance Trust Fund. Public Service.
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Section 8 of Chapter 32A of the General Laws shall be amended by inserting the following after the last line of the first paragraph: “Said funds appropriated by the legislature along with the contributions made by the active and retired employees shall be deposited into the group commission trust fund to provide the required coverages offered by the commission.”
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An Act relative to public higher education collective bargaining funding
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S1701
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SD1944
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:19:36.16'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:19:36.16'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-22T15:10:24.5233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1701/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 1701) of Paul W. Mark for legislation relative to public higher education collective bargaining funding. Public Service.
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SECTION 1. Section 6 of chapter 29 of the General Laws is hereby amended by adding the following paragraph:-
The operating budget in the current and ensuing fiscal years shall include the appropriation necessary to fund all incremental cost items for all years covered by any collective bargaining agreement to which either the board of trustees of the university of Massachusetts or the board of higher education is a party, separate and apart from any appropriation for the general maintenance of the university or public institutions of higher education where the board of higher education is the employer for purposes of collective bargaining under chapter 150E, excluding grant funded and auxiliary enterprises accounts funded positions.
SECTION 2. Section 8 of chapter 32A of the General Laws is hereby amended by inserting after the words “and authorities”, in line 106, the following words:- , but not including Massachusetts public institutions of higher education employees paid for by student fees, tuition or state appropriation.
SECTION 3. Notwithstanding section 8 of chapter 32A of the General Laws or any other general or special law to the contrary, the cost of fringe benefits, including, but not limited to, the cost of pensions and health insurance, associated with employees of a public institution of higher education as defined in section 5 of chapter 15A, shall be the obligation of the commonwealth, excluding grant funded and auxiliary enterprises accounts funded positions.
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An Act relative to teacher retirement election
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S1702
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SD1049
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T19:28:11.193'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T19:28:11.1933333'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-24T13:27:53.28'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-08T13:41:20.5333333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T13:41:20.5333333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-08T13:41:20.5333333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-07T13:08:00.92'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-07T13:09:28.2933333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-13T11:53:36.87'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T15:17:55.55'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-08T12:02:17.52'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-03-15T13:22:36.4366667'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-03-27T15:22:55.28'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-27T11:41:46.6866667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T11:59:24.0133333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-06-20T10:40:39.9366667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-06-29T09:41:02.86'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-07-05T10:21:57.3266667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-07-05T10:21:57.3266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1702/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1702) of Liz Miranda, Nick Collins, Samantha Montaño, Michael D. Brady and other members of the General Court for legislation relative to teacher retirement election. Public Service.
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(a) Notwithstanding the provisions of any general or special law to the contrary, any member of the teachers retirement system or any teacher who is a member of the Boston retirement system, who (i) became eligible for membership before July 1, 2001, (ii) began contributing to either the teachers’ retirement system or the Boston retirement system on or before July 1, 2001 (iii) did not provide a written election to such retirement system to participate in the alternative superannuation retirement benefit program established in paragraph (i) of subdivision (4) of Section 5 of Chapter 32 of the General Laws as appearing in the 2022 Official Edition, shall have a new 1 time opportunity to elect to participate in the alternative superannuation retirement benefit program.
(b) A qualifying member shall make the election provided under subsection (a) on or after July 1, 2023, but not later than December 31, 2023; provided, however, that a member entitled to make an election under this section who applies for retirement prior to the foregoing election period shall be given a 1-time opportunity to participate in the alternative superannuation retirement benefit program prior to retirement.
(c) A member who participates in the alternative superannuation retirement benefit program under this section shall make contributions at the rate of 11 per cent pursuant to section 22 of chapter 32 of the General Laws and may be required to provide make-up contributions at the rate of 11 per cent, upon such terms and conditions as the relevant retirement system may require, from the date that such member established membership in the teachers’ retirement system or the Boston retirement system.
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An Act providing equity to police officers disabled by cardiac disease
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S1703
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SD1496
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:27:51.693'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:27:51.6933333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-15T12:57:10.1966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1703/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1703) of Michael O. Moore and Bruce E. Tarr for legislation to provide equity to police officers disabled by cardiac disease. Public Service.
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Section 94 of chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in line 7, after the word “Authority”, the following words:-
, or of the police force of the University of Massachusetts, or of the police forces of the Massachusetts Port Authority, or of the police forces of the state universities and community colleges, or of the police force of the Executive Office of Environmental Affairs,.
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An Act relative to the retirement of MassPort officers
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S1704
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SD1497
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:26:13.91'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:26:13.91'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1704/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1704) of Michael O. Moore for legislation relative to the retirement of MassPort officers. Public Service.
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SECTION 1. Section 3 of chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is amended in line by inserting after the word “men”, the second time it appears, in line 295, the following words:-
; employees of the Massachusetts Port Authority who are employed as port officers and supervisors of said employees who shall include port sergeants, lieutenants, captains, assistant chiefs, deputy chiefs and directors.
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[]
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[]
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[]
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An Act relative to the timely and consistent payment of law enforcement personnel
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S1705
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SD1523
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T14:58:39.36'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T14:58:39.36'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1705/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1705) of Michael O. Moore for legislation relative to the timely and consistent payment of law enforcement personnel. Public Service.
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Section 39M of chapter 30 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
(f) In order to ensure the timely and consistent payment for police details assigned to public works projects performed under this chapter, the project awarding authority shall assume direct responsibility for maintaining police detail records, receiving invoices from, and making direct payments to those entities providing such paid details. The cost of police details shall not be included as part of the bid submitted by any offerer responding to a bid solicitation conducted in accordance with this chapter. This paragraph shall be referenced or included as part of the bid documents for public works projects.
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[]
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[]
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[]
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[]
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An Act relative to the alignment of the University of Massachusetts police
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S1706
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SD1892
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T09:40:48.96'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T09:40:48.96'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1706/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1706) of Michael O. Moore for legislation relative to the alignment of the University of Massachusetts police. Public Service.
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SECTION 1. Paragraph (g) of subdivision (2) of section 3 of chapter 32 of the General Law, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 253 and 254, the words:- ; University of Massachusetts police.
SECTION 2. Said paragraph (g) of said subsection (2) of said section 3 of chapter 32, as so appearing, is hereby further amended by adding after the word “agent”, in line 328, the following words:- ; police officers of the University of Massachusetts system.
SECTION 3. Notwithstanding the provisions of chapter 32 of the General Laws, or any other general or special law to the contrary, the state board of retirement shall establish and implement a retirement incentive for University of Massachusetts police who held positions appointed under section 32A of chapter 75 immediately prior to the effective date of this act. Each eligible member of the University of Massachusetts police may request and shall receive a combination of total years of creditable service and years of age, the sum of which shall total, yet not be greater than, five years of creditable service and five years of age, provided said police officer shall retire within twelve months of the date of enactment of this section.
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[]
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An Act exempting officers in the town of Millbury police department from the civil service law
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S1707
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SD2098
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T13:14:43.097'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T13:14:43.0966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1707/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 1707) of Michael O. Moore (by vote of the town) for legislation to exempt officers in the town of Millbury police department from the civil service law. Public Service. [Local Approval Received.]
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SECTION 1. Notwithstanding any general or special law to the contrary, all officers in the police department of the town of Millbury shall be exempt from chapter 31 of the General Laws.
SECTION 2. This act shall not impair the civil service status of an officer employed on a permanent basis in a civil service position in the police department of the town of Millbury on the effective date of this act.
SECTION 3. This act shall take effect upon its passage.
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[]
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[{'Description': 'SD2098 -- Millbury', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16107&title=SD2098%20--%20Millbury'}]
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[]
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[]
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An Act relative to retirement benefits for municipal natural resource officers in Plymouth and Barnstable County
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S1708
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SD1743
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T15:09:22.363'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T15:09:22.3633333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-28T13:28:04.6766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1708/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 1708) of Susan L. Moran and James K. Hawkins for legislation relative to retirement benefits for municipal natural resource officers in Plymouth and Barnstable County. Public Service.
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Subsection (g) of section 3 of chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the words “wildlife and recreational vehicles”, the first time they appear, the following words:- “Municipal natural resource officers and supervisors employed by municipalities in Barnstable or Plymouth Counties having duties similar to law enforcement officers of the Department of Fisheries and Wildlife, “.
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[]
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[]
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[]
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An Act relative to the size of the Group Insurance Commission Board
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S1709
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SD168
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-11T16:30:25.237'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-11T16:30:25.2366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1709/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1709) of Patrick M. O'Connor for legislation relative to the size of the Group Insurance Commission Board. Public Service.
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Chapter 32A Section 3 is hereby amended by inserting the following words after Local 254 S.E.I.U.: , “1 of whom shall be a member of the Massachusetts Organization of State Engineers and Scientists."
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[]
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[]
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[]
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An Act modernizing protections for consumers in automobile transactions
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S171
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SD1792
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T14:25:07.083'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T14:25:07.0833333'}, {'Id': None, 'Name': 'Attorney General Andrea Joy Campbell', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T17:09:02.3766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S171/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 171) of Paul R. Feeney and Attorney General Andrea Joy Campbell for legislation to modernize protections for consumers in automobile transactions. Consumer Protection and Professional Licensure.
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SECTION 1. Section 7N of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 3, the words “such sale” and inserting in place thereof the following:- delivery.
SECTION 2. Said section 7N of said chapter 90 is hereby further amended by striking out, in lines 9 and 13, the word “sale” and inserting in place thereof, in each instance, the following:- delivery.
SECTION 3 Section 7N¼ of said chapter 90 is hereby amended by striking out clauses (i), (ii), and (iii) of paragraph (2)(B) and inserting in place thereof the following:- (i) For a used motor vehicle which, at the time of sale, has been operated less than 50,000 miles, 90 days or 3,750 miles, whichever occurs first. Said 90 days or 3,750 mile warranty is in addition to any right the consumer may have under section 7N½.
(ii) For a used motor vehicle which, at the time of sale, has been operated 50,000 miles or more, but less than 100,000 miles, 60 days or 2,500 miles, whichever first occur.
(iii) For a used motor vehicle which, at the time of sale, has been operated 100,000 miles or more, but less than 200,000 miles, 30 days or 1,250 miles, whichever first occur.
SECTION 4. Paragraph (1) of subsection (c) of section 58 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out “$25,000” and inserting in place thereof the following:- $50,000.
SECTION 5. Said subsection (c) of said section 58 of said chapter 140 is hereby further amended by striking out paragraph (2) and inserting in place thereof the following:- (2) Any person, or the attorney general, may make a claim for recovery against the bond for an act or omission on which the bond is conditioned if the act or omission occurred during the term of the bond. Every bond shall also provide that no claim may be made against the bond unless the claimant provides the bondholder notice of the claim within 1 year after the event giving rise to the claim.
SECTION 6. Said subsection (c) of said section 58 of said chapter 140 is hereby further amended by adding the following paragraph:- (9) The attorney general may recover from the bond or its equivalent on behalf of a person or a class of persons who suffer loss on account of clauses (i) – (vi) of paragraph (1).
SECTION 7. Section 1 of chapter 255B of the General Laws is hereby amended by striking out the definition of “Holder” and inserting in place thereof the following 3 definitions:-
“Holder”, the retail seller of the motor vehicle under or subject to a retail instalment contract, lease agreement or, if the contract is purchased by a financing agency or other assignee, the sales finance company or other assignee.
“Lease agreement” or “lease”, a contract, signed by the lessee in this state, that includes payment for the use of a motor vehicle for a period of time exceeding 4 months.
“Lessee”, a person, or any legal successor in interest to such person, who executes a lease agreement or lease on a motor vehicle for use primarily for personal, family or household purposes.
SECTION 8. Said section 1 of said chapter 255B is hereby further amended by striking out the definition of “retail instalment contract” and inserting in place thereof the following definition:-
“Retail instalment contract” or “contract”, an agreement, signed by the buyer in this state, pursuant to which the title to, the property in or a lien upon a motor vehicle, which is the subject matter of a retail instalment sale, is retained or taken by a retail seller from a retail buyer as security, in whole or in part, for the buyer's obligation. The term includes a chattel mortgage, a conditional sales contract and a contract for the bailment of a motor vehicle by which the bailee contracts to pay as compensation for its use a sum substantially equivalent to or in excess of its value and by which it is agreed that the bailee is bound to become, or has the option of becoming, the owner of the motor vehicle upon full compliance with the terms of the contract.
SECTION 9. Said section 1 of said chapter 255B is hereby further amended by striking out the definition of “Retail seller” and inserting in place thereof the following definition:-
“Retail seller” or “seller”, a person who sells or leases a motor vehicle to a retail buyer or lessee under or subject to a retail instalment contract or lease agreement.
SECTION 10. Said chapter 255B is hereby further amended by striking out section 20A, and inserting in place thereof the following section:-
Section 20A. (a) An agreement of the parties in a retail installment contract or lease agreement defining default is enforceable only to the extent that the default is material and consists of the buyer’s or lessee’s failure to make 1 or more installments as required by the agreement; or the occurrence of an event which substantially impairs the value of the collateral.
(b) After a default by a buyer or lessee under a consumer credit transaction or lease agreement, the secured creditor or lessor may not bring an action against the buyer or lessee or proceed against the collateral until he gives the buyer or lessee the notice described in this section. The notice so required shall be deemed to be delivered when delivered to the debtor or when mailed to the debtor at the debtor’s address last known to the creditor. If a buyer or lessee cures a default after receiving notice and again defaults, the creditor or lessor shall give another notice before bringing an action or proceeding against the collateral with respect to the subsequent default, but no notice is required in connection with a subsequent default if, within the period commencing on the date of the consumer credit transaction or lease agreement subject to this section and the date of the subsequent default, the debtor has cured a default after notice 3 or more times.
(c) The notice shall be in writing and shall be given to the buyer or lessee 10 days or more after the default. The notice shall conspicuously state the rights of the buyer or lessee upon default in substantially the following form:—
The heading shall read:—“Rights of Defaulting Buyer or Lessee under the Massachusetts Motor Vehicle Installment Sales Act.” The body of the notice shall read:—“You may cure your default in (describe transaction in a manner enabling buyer or lessee to identify it) by paying to (name and address of creditor or lessor) (amount due) before (date which is at 21 days after notice is mailed). If you pay this amount within the time allowed, you are no longer in default and may continue on with the transaction as though no default had occurred.
If you do not cure your default by the date stated above, the said creditor or lessor may sue you to obtain a judgment for the amount of the debt or, if applicable, may take possession of the collateral. If the creditor or lessor takes possession of the collateral, if any, you may get it back by paying the full amount of your debt plus any reasonable expenses incurred by the said creditor or lessor if you make the required payment within 20 days after he takes possession.''
(d) During the 21-day period after delivery of the notice required by this section the creditor or lessor may not because of that default accelerate the unpaid balance of the obligation, bring action against the buyer or lessee, or proceed against the collateral.
(e) Unless the secured creditor or lessor has first notified the buyer or lessee that he has elected to accelerate the unpaid balance of the obligation because of default, brought action against the buyer or lessee, or proceeded against the collateral, the buyer or lessee may cure a default consisting of a failure to pay money by tendering the amount of all unpaid sums due at the time of tender, without acceleration, plus any unpaid delinquency or deferral charges. Such a cure shall restore the buyer or lessee to his rights under the agreement as though the defaults had not occurred subject to the provisions of subsection (b).
SECTION 11. Section 20B of said chapter 255B is hereby amended by striking out subsections (a) to (c), inclusive, and inserting in place thereof the following 3 subsections:-
(a) Subject to the provisions of this section and section 20A a secured creditor or lessor under a consumer credit transaction or lease agreement may take possession of collateral. In taking possession the secured creditor or lessor under a consumer credit transaction or lease agreement may proceed without a prior hearing only if the default is material and consists of the debtor’s failure to make 1 or more payments as required by the agreement or the occurrence of an event which substantially impairs the value of the collateral and only if possession can be obtained without use of force, without breach of peace and unless the debtor consents to an entry, at the time of such entry, without entry on property owned by or rented to the debtor.
(b) Except as provided in subsection (a) a creditor or lessor under a consumer credit transaction or lease agreement may proceed against collateral only after a prior hearing. In any proceeding where possession of the collateral is part of the relief sought by a holder no court shall allow a secured creditor or lessor to take possession of collateral until the right of the creditor or lessor to take possession has been determined at a hearing at which the buyer or lessee has an opportunity to be heard having been notified in writing of said hearing at least 7 days in advance thereof.
(c) The buyer or lessee under a consumer credit transaction or lease agreement may redeem the collateral from the holder at any time within 20 days of the creditor’s or lessor’s taking possession of the collateral, or thereafter until the creditor or lessor has either disposed of the collateral, entered into a contract for its disposition, or gained the right to retain the collateral in satisfaction of the buyer’s or lessee’s obligation.
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[]
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An Act authorizing the town of Scituate to appoint retired police officers as special police officers
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S1710
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SD1486
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:11:29.61'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:11:29.61'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1710/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1710) of Patrick M. O'Connor (by vote of the town) for legislation relative to the appointment of retired police officers in the town of Scituate. Public Service. [Local approval received]
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SECTION 1. The Town Administrator of the town of Scituate may appoint, as he/she deems necessary, retired Scituate Police Officers as Special Police Officers for the purpose of performing police details or any police duties arising therefrom or during the course of police detail work, regardless of whether or not related to the detail work. The Special Police Officers appointed pursuant to this act shall not be subject to the maximum age restriction applied to regular police officers pursuant to chapter 32 of the General Laws or section 2 of chapter 415 of the acts of 1987, but shall be subject to a maximum age restriction of 70 years of age. A Special Police Officer must pass a medical examination, by a physician or other certified professional chosen by the town, to determine that he/she is capable of performing the essential duties of a Special Police Officer, the cost of which shall be borne by the Special Police Officer, prior to performing police details.
SECTION 2. Special Police Officers appointed under this act shall not be subject to chapter 31 of the General Laws or to section 99A of chapter 41 of the General Laws.
SECTION 3. Special Police Officers shall, when performing the duties under section 1, have the same power to make arrests and perform other police functions as do regular police officers of the Town of Scituate.
SECTION 4. Special Police Officers shall be appointed for an indefinite term, subject to removal by the Town Administrator at any time within 14 days written notice. Upon request, the Town Administrator shall provide the reasons for removal in writing.
SECTION 5. Special Police Officers shall also be subject to the rules and regulations, policies, and procedures and requirements of the Town Administrator and the Chief of Police of the Town of Scituate, including restrictions on the type of detail assignments, requirements regarding medical examinations to determine continuing capability to perform the duties of a special police officer, requirements for training, requirements for firearms, licensing and qualifications and requirements regarding uniforms and equipment. Special Police Officers shall not be subject to section 96B of chapter 41 of the General Laws.
SECTION 6. Special Police Officers shall be sworn before the Town Clerk of the Town of Scituate who shall keep a record of all such appointments.
SECTION 7. Special Police Officers appointed under this act shall be subject to section 100 and 111F of chapter 41 of the General Laws. The amount payable under said section 111F of said chapter 41 shall be calculated by averaging the amount earned over the prior 52 weeks as a Special Police Officer working police details, or averaged over such lesser period of time for any officer designated as Special Police Officers less than 52 weeks prior to the incapacity. In no event shall payment under said section 111F of said chapter 41 exceed, in any calendar year, the limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws. Payment under said section 111F of said chapter 41 shall terminate when a Special Police Officer reaches the age of 65. Special Police Officers appointed under this act shall not be subject to section 85H of said chapter 32, nor eligible for any benefits pursuant thereto.
SECTION 8. Appointment as a Special Police Officer shall entitle any individual appointed as such to assignment to any detail.
SECTION 9. Retired Scituate police officers, serving as Special Police Officers under this act shall be subject to the limitations on hours worked and on payments to retired town employees under paragraph (b) of section 91 of chapter 32 of the General Laws.
SECTION 10. This act shall take effect upon its passage.
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[]
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[{'Description': 'SD1486 -- Scituate', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=14989&title=SD1486%20--%20Scituate'}]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}]
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[{'AmendmentNumber': '1', 'ParentBillNumber': 'S1710', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S1710/Branches/Senate/Amendments/1/'}]
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An Act allowing Joseph Barbati, a retired member of the Massachusetts Trial Court, an accidental disability retirement option
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S1711
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SD1965
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T11:16:14.31'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T11:16:14.31'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1711/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1711) of Patrick M. O'Connor for legislation to allow Joseph Barbati, a retired member of the Massachusetts Trial Court, an accidental disability retirement option. Public Service.
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SECTION 1. Notwithstanding chapter 32 of the General Laws or any other general or special law to the contrary affecting the noncontributory or contributory retirement system in the commonwealth, the Massachusetts Trial Court Officer Retirement System shall allow Joseph Barbati, a retired member, the option to receive accidental disability retirement from any condition of impairment of health caused by severe depression and anxiety disorder accompanied by post-traumatic stress disorder resulting in total or partial disability and that such disability be presumed to have been suffered in the course of his employment. The retirement board shall pay Joseph Barbati accidental disability retirement benefits as of the effective date of this act for the remainder of his retirement. Joseph Barbati shall notify the board of his decision on the option granted by this act within 90 days of the effective date of this act.
SECTION 2. The payments provided for in this act shall only be made when Joseph Barbati has been examined by a medical panel, pursuant to section 6 of chapter 32 of the General Laws, in which a majority of the physicians have certified to the retirement board that the member is mentally or physically incapacitated from further duty and that such incapacity is likely to be permanent, and that the disability is such as might be the natural and proximate result of the accident or hazard undergone on account of which retirement is claimed; provided, however, that the public employee retirement administration commission may, upon request, waive such examination if the member has already been approved by a medical panel and the board and is receiving a disability benefit as of the effective date of this act. The commission shall promptly notify the retirement system of such waiver.
SECTION 3. This act shall take effect upon its passage.
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[]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}]
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[]
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An Act relative to raising the entrance age of police officers
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S1712
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SD1972
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T10:09:12.043'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T10:09:12.0433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1712/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1712) of Patrick M. O'Connor for legislation to raise the entrance age of police officers. Public Service.
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Section 58A of chapter 31 of the General Laws is hereby amended by striking out, in line 4 the words “position of firefighter or police officer if such person has reached his thirty-second birthday on the date of the entrance examination” and inserting in place thereof the following words:- , position of firefighter if such person has reached his thirty-second birthday and police officer if such person has reached his fortieth birthday on the date of the entrance examination.
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[]
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[]
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[]
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Resolve authorizing the study of cost of living increases for state police retirees
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S1713
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SD2227
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T14:20:23.713'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T14:20:23.7133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1713/DocumentHistoryActions
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Resolve
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By Mr. O'Connor, a petition (accompanied by resolve, Senate, No. 1713) of Patrick M. O'Connor that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to cost of living increases for state police retirees. Public Service.
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Resolved, Notwithstanding any general or special law to the contrary, there shall be a special commission to examine the feasibility of increases to Cost of Living Adjustments for retirees of the Massachusetts State Police. The commission shall consist of the chairs of the joint committee on public service, the executive director of the state retirement board, a member to be appointed by the chair of the MA public employee retirement administration commission and the president of MA retirees.
Said commission shall report to the house and senate committees on ways and means the results of its investigation recommendations together with drafts of legislation necessary to carry said recommendations into effect, by filing the same with the clerks of the house of representatives and senate on or before January 1, 2024.
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An Act relative to public higher education collective labor contracts
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S1714
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SD341
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-13T15:14:27.45'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-13T15:14:27.45'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1714/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1714) of Jacob R. Oliveira relative to public higher education collective labor contracts. Public Service.
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SECTION 1. Section 7 of Chapter 150E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out paragraph (c) and inserting in place thereof the following two subsections:-
(c) The provisions of this paragraph shall apply to the chief justice for administration and management, a county sheriff, the PCA quality home care workforce council, the department of early education and care with regard to bargaining with family child care providers, the alcoholic beverage control commission, Massachusetts Department of Transportation and the state lottery commission.
Every such employer shall submit to the governor, within thirty days after the date on which a collective bargaining agreement is executed by the parties, a request for an appropriation necessary to fund such incremental cost items contained therein as are required to be funded in the then current fiscal year, provided, however, that if such agreement first has effect in a subsequent fiscal year, such request shall be submitted pursuant to the provisions of this paragraph. Every such employer shall append to such request an estimate of the monies necessary to fund such incremental cost items contained therein as are required to be funded in each fiscal year, during the term of the agreement, subsequent to the fiscal year for which such request is made and shall submit to the general court within the aforesaid thirty days, a copy of such request and such appended estimate; provided, further, that every such employer shall append to such request copies of each said collective bargaining agreement, together with documentation and analyses of all changes to be made in the schedules of permanent and temporary positions required by said agreement. Whenever the governor shall have failed, within forty-five days from the date on which such request shall have been received by him, or ninety days prior to the start of each fiscal year in which incremental cost items must be paid, to recommend to the general court that the general court appropriate the monies so requested, the request or the incremental cost items shall be referred back to the parties for further bargaining.
(c 1/2) The provisions of this paragraph shall apply to the board of higher education and the board of trustees of the University of Massachusetts.
Acting on behalf of the state universities and community colleges, the commission of higher education shall submit to the governor, within thirty days after the date on which a collective bargaining agreement is executed by the parties, a request for an appropriation necessary to fund such incremental cost items contained therein as are required to be funded in the then current fiscal year; provided, however, that if such agreement first has effect in a subsequent fiscal year, such request shall be submitted pursuant to the provisions of this paragraph. The employer shall append to such request an estimate of the monies necessary to fund such incremental cost items contained therein as are required to be funded in all fiscal years covered by the collective bargaining agreement; during the term of the agreement, subsequent to the fiscal year for which such request is made, the governor shall annually submit to the general court a request for an appropriation necessary to fund such incremental cost items contained in the collective bargaining agreement for the subsequent fiscal year; said appropriation request shall supplement, not supplant the prior fiscal year appropriation; provided further that said funding request is to be submitted pursuant to Article LXIII of the constitution.
Acting on behalf of the University of Massachusetts board of trustees, the president or acting president of the University of Massachusetts shall submit to the governor, within thirty days after the date on which a collective bargaining agreement is executed by the parties, a request for an appropriation necessary to fund such incremental cost items contained therein as are required to be funded in the then current fiscal year, provided, however, that if such agreement first has effect in a subsequent fiscal year, such request shall be submitted pursuant to the provisions of this paragraph. Every such employer shall append to such request an estimate of the monies necessary to fund such incremental cost items contained therein as are required to be funded in all fiscal years covered by the collective bargaining agreement; during the term of the agreement, subsequent to the fiscal year for which such request is made, the governor shall annually submit to the general court a request for an appropriation necessary to fund such incremental cost items contained in the collective bargaining agreement for the subsequent fiscal year; said appropriation request shall supplement, not supplant the prior fiscal year appropriation; provided further that said funding request is to be submitted pursuant to Article LXIII of the constitution. Every such employer shall append to such request copies of each said collective bargaining agreement, together with documentation and analyses of all changes to be made in the schedules of permanent and temporary positions required by said agreement. Whenever the governor shall have failed, within forty-five days from the date on which such request shall have been received by him, or ninety days prior to the start of each fiscal year in which incremental cost items must be paid, to recommend to the general court that the general court appropriate the monies so requested, the request or the incremental cost items shall be referred back to the parties for further bargaining.
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An Act relative to firefighter training
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S1715
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SD633
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-14T13:11:40.063'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-14T13:11:40.0633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T13:27:48.91'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-22T09:23:00.44'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1715/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1715) of Jacob R. Oliveira and Vanna Howard for legislation relative to firefighter training. Public Service.
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Chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end of Section 91 the following paragraph:-
(f) Notwithstanding the provisions of paragraphs (a) to (d) inclusive, a retired firefighter may be employed by the Department of Fire Services in any capacity in excess of 960 hours.
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An Act providing equity to police officers disabled by cardiac disease
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S1716
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SD809
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T14:50:57.683'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T14:50:57.6833333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-13T13:26:57.26'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1716/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1716) of Jacob R. Oliveira and Bruce E. Tarr for legislation to provide equity to police officers disabled by cardiac disease. Public Service.
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Section 94 of chapter 32 of the General Laws, as so appearing, is hereby amended by inserting after the words “Massachusetts Bay Transportation Authority,” the following words:-or of the police force of the University of Massachusetts, or of the police force of the Massachusetts Port Authority, or of the police forces of the state universities and community colleges, or of the police force of the Executive Office of Environmental Affairs.
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An Act authorizing the state retirement board to retire Jamie J. Magarian, a uniformed member of the Department of State Police at the regular rate of compensation
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S1717
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SD1547
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T17:25:14.43'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T17:25:14.43'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-01-19T17:26:10.72'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1717/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 1717) of Jacob R. Oliveira and Aaron L. Saunders for legislation to authorize the state retirement board to retire Jamie J. Magarian, a uniformed member of the Department of State Police at the regular rate of compensation. Public Service.
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SECTION 1. (a) Notwithstanding any general or special law to the contrary, the state retirement board shall retire Jamie J. Magarian, a uniformed member of the department of state police, who as a result of injuries sustained while in the performance of his duties in March 2018, is totally and permanently incapacitated from performing the essential duties of a uniformed member of the department of state police.
(b) The annual amount of pension payable to Jamie J. Magarian shall be equal to the regular rate of compensation that would have been paid had he continued in service as a uniformed member of the department of state police at the grade held by him at the time of his retirement until his death or reaching 65 years of age, whichever comes first. The additional benefits granted in this act shall be funded and administered by the state retirement board, consistent with and subject to chapter 32 of the General Laws. All amounts paid under this act shall be non-taxable to the extent allowable under state law.
(c) Upon attaining the age 65 years, Jamie J. Magarian shall receive a pension pursuant to section 7 of said chapter 32, a yearly amount of pension equal to 80 per cent of the annual rate of the compensation he was receiving on the day before he reaches the mandatory retirement age for a uniformed member of the department of state police of the commonwealth.
SECTION 2. Jamie J. Magarian shall be entitled to receive indemnification for all hospital, medical and related expenses that have been or may be incurred after the date of his retirement as a result of the injuries sustained by him while in the performance of his duties in March 2018.
SECTION 3. In addition to the benefits granted herein and upon retirement, Jamie J. Magarian shall receive a lump sum from the state retirement board equal to his total accumulated retirement deductions.
SECTION 4. If Jamie J. Magarian is married at the time of retirement, then upon his death, should his spouse, survive him, the state retirement board shall pay to her an annuity in the amount of 75 per cent of the amount of the pension that otherwise would have been payable to him until her death. The pension benefits provided for in this section and subsection (c) of section 1 shall be subject to section 102 of chapter 32 of the General Laws.
SECTION 5. This act shall take effect upon its passage.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}]
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An Act relative to corrections officers injured in the line of duty
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S1718
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SD593
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T12:59:53.097'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T12:59:53.0966667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T18:08:46.4966667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:08:46.4966667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T18:08:46.4966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1718/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1718) of Marc R. Pacheco for legislation relative to corrections officers injured in the line of duty. Public Service.
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Section 111F of Chapter 41 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 22, after the word “airport,” the following words:- any state or county corrections officer.
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An Act relative to public higher education campus police officers injured in the line of duty
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S1719
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SD594
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T13:00:23.127'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T13:00:23.1266667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T18:08:22.48'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:08:22.48'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T18:08:22.48'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1719/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1719) of Marc R. Pacheco for legislation relative to public higher education campus police officers injured in the line of duty. Public Service.
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SECTION 1. Section 111F of Chapter 41 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 22, after the word “airport,” the following words:- any campus police officer employed by a state university, college or community college.
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An Act to revitalize agriculture, conditioning and simulcasting
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S172
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SD2285
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-17T14:22:04.517'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-17T14:22:04.5166667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-20T15:08:58.1866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S172/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 172) of Paul R. Feeney and Tackey Chan for legislation to revitalize agriculture, conditioning and simulcasting. Consumer Protection and Professional Licensure.
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SECTION 1. Section 7 of chapter 4 of the General Laws, as appearing in the 2020 Official Edition, as amended by section 1 of chapter 173 of the acts of 2022, is hereby further amended by striking out clause Tenth and inserting in place thereof the following:-
Tenth, “Illegal Gaming”, a banking or percentage game played with cards, dice, tiles, dominoes, or an electronic, electrical or mechanical device or machine for money, property, checks, credit or any representative of value, but excluding: (i) a lottery game conducted by the state lottery commission under sections 24, 24A and 27 of chapter 10; (ii) a game conducted under chapter 23K; (iii) sports wagering conducted under chapter 10; (iv) wagering on races under chapters 23K ¼ and 23K ½; (v) a game of bingo conducted under chapter 271; (vi) charitable gaming conducted under said chapter 271; and (vii) a fantasy contest conducted under section 11M1/2.
SECTION 2. Section 2 of chapter 23K of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Application”, the following definition:-
“Board”, the state racing board established in section 7A.
SECTION 3. Section 4 of chapter 23K of the General Laws, as so appearing, is hereby amended in clause (29) by inserting after the word “the”, in line 113, the following:- board or.
SECTION 4. Section 7 of chapter 23K of the General Laws, as amended by section 117 of chapter 194 of the acts of 2011, is hereby further amended by striking out the section entirely, and inserting in place of the following:-
Section 7. (a) The commission shall administer and enforce appeals of decisions of the board related to pari-mutuel wagering and simulcasting.
(b) The commission may grant a simulcasting license to a gaming establishment subject to the provisions of sections 8 and 9 of chapter 23K ½; provided, however, that in granting any such license to a gaming establishment, the commission shall take into consideration the impact on facilities licensed under chapters 23K ¼ and 23K ½.
SECTION 5. Said chapter 23K of the General Laws, as so appearing, is hereby amended by inserting after section 7 the following section:-
Section 7A. There shall be within the commission a board to be known as the state racing board, in this chapter and in chapters 23K ¼ and 23K ½ called the board.
The board shall consist of three members, one who shall serve as chair, all to be appointed by the governor. Not more than two of such members shall be of the same political party. No person shall be appointed to the board nor be an employee thereof nor officiate at pari-mutuel meetings conducted in this commonwealth who is licensed or regulated, directly or indirectly, by the board other than for the position to which such person is appointed nor shall such person have any legal or beneficial interest, direct or indirect, pecuniary or otherwise, in any firm, association or corporation so licensed or regulated or which participates in pari-mutuel wagering or simulcasting in any manner nor shall such person participate in pari-mutuel wagering or simulcasting in any manner other than in such person’s official capacity. No person shall be a member of the board who is not of good moral character or who has been convicted of, or is under indictment for, a felony under the laws of Massachusetts or any other state, or the United States. Members of the board shall each possess not less than five years of responsible administrative experience in public or business administration; provided that the chair shall also have professional experience in gaming or racing regulatory administration or gaming or racing industry management; provided, further, that at least one member shall be licensed to practice veterinary medicine in the commonwealth with equine racing diagnosis and treatment or research experience.
Members shall receive salaries not greater than three-fourths of the salary of the commissioner of administration under section 4 of chapter 7; provided, however, that the chair shall receive a salary equal to the salary of the commissioner of administration. Members shall devote their full time and attention to the duties of their office.
Each member shall serve for a term of five years and shall hold office until reappointment, or the appointment and qualification of their successor; provided, however, that no member shall serve more than 15 years. The governor may remove any member for cause and shall fill any vacancy for the unexpired term. Whenever any action by the board is required to be in writing, such writing shall be sufficient when signed by the board chair.
Notwithstanding the provisions of section 7, the board shall administer and enforce chapters 23K ¼ and 23K ½ and any general and special law related to live racing, pari-mutuel wagering and simulcasting. The board shall serve as a host racing commission and an off-track betting commission for purposes of 15 U.S.C. 3001, et seq.
The day-to-day operations and general administration of the board, including all administrative functions of the board and all actions not expressly required by statute or regulation to be carried out by the board itself, shall, at the direction and under the board, be under the supervision of an executive director of racing, who shall be appointed by the chair of the board. The executive director of racing shall devote their full time during business hours to their duties hereunder. Subject to the provisions of subsections (k) through (w), inclusive, of section 3, the board may employ such other persons, in addition to the aforementioned executive director of racing, as the board may determine to be necessary to carry out such day-to-day operations and general administration of the board.
The board shall make an annual report in January of each year to the general court. That report shall include the following information with respect to the previous calendar year: statements of monies deposited in the Race Horse Development Fund established under section 60, the Thoroughbred Horse Capital Improvements Trust Fund established under section 60A, and the Standardbred Horse Capital Improvements Trust Fund established under section 60B, together with a detailed account of monies disbursed from the funds, the specific capital improvements for which the disbursements were intended, and a report on which of the improvements have been accomplished; a statement of racing dates awarded to licensees, including those awarded in connection with a state or county fair; and a statement of the total amounts wagered at each race track, together with the monies paid to the commonwealth and the board, purses paid to horse owners and monies retained by each licensee, together with a statement of the net profit of each licensee taken from the financial statements filed under section 11 of chapter 23K ¼. Copies of the report shall be transmitted to the governor, the president of the senate, the speaker of the house of representatives, the chairs of the house and senate committees on ways and means, the joint committee on consumer protection and professional licensure, and the joint committee on revenue.
SECTION 6. Section 19 of said chapter 23K, as so appearing, is hereby amended by striking out the figure “128A” each time it appears, and inserting in place thereof the following:- 23K ¼.
SECTION 7. Said section 19 of said chapter 23K, as so appearing, is hereby further amended by striking out figure “128C” each time it appears, and inserting in place thereof the following:- 23K ½.
SECTION 8. Section 20 of said chapter 23K, as so appearing, is hereby amended by striking out the figure “128A” each time it appears, and inserting in place thereof the following:- 23K ¼.
SECTION 9. Said section 20 of said chapter 23K, as so appearing, is hereby further amended by striking out figure “128C” each time it appears, and inserting in place thereof the following:- 23K ½.
SECTION 10. Section 24 of said chapter 23K, as so appearing, is hereby amended by striking out the figure “128A”, in line 2, and inserting in place thereof the following:- 23K ¼.
SECTION 11. Chapter 23K of the General Laws, as so appearing, is hereby amended by striking out section 60, and inserting in place thereof the following:-
Section 60. (a) There shall be established and set up on the books of the commonwealth a Race Horse Development Fund to be administered by the board. The fund shall consist of monies deposited under subsection (c) of section 55. The board shall make distributions from the Race Horse Development Fund to each licensee under chapter 23K ¼.
(b) The board shall make recommendations on how the funds received in subsection (a) shall be distributed between thoroughbred and standardbred racing facilities to support the thoroughbred and standardbred horse racing industries under this section. In making its recommendations, the board shall consider certain criteria including, but not limited to: (i) the average purses awarded at thoroughbred and standardbred racing facilities; (ii) the total employment numbers, both direct and indirect, attributable to each horse racing industry; (iii) the relative needs of each horse racing industry for increased purses; (iv) the amount of the live racing handle generated by each horse racing industry; and (v) the number of breeding and training farms of each industry that are located in the commonwealth. The board shall submit distribution recommendations to the clerks of the senate and house of representatives not later than 30 days before changing the distribution percentage; provided, however, that the total distribution percentage between the thoroughbred and standardbred racing industries shall not be changed by more than 10 percentage points in a given year.
(c) Funds received from the Race Horse Development Fund shall be distributed between thoroughbred and standardbred accounts, as approved by the board, as follows:
(i) 80 per cent of the funds approved by the board shall be deposited weekly into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen; provided, however, that the earned interest on the account shall be credited to the purse account; and provided further, that licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen;
(ii) 16 per cent of the funds approved by the board shall be deposited as follows: (A) for a thoroughbred track, into the Massachusetts Thoroughbred Breeding Program authorized by the board; or (B) for a standardbred track, into the Massachusetts Standardbred Breeding Program authorized by the board;
(iii) 4 per cent shall be used to fund health and pension benefits for the members of the horsemen's organizations representing the owners and trainers at a horse racing facility for the benefit of the organization's members, their families, employees and others under the rule and eligibility requirements of the organization, as approved by the board; provided, however, that this amount shall be deposited within 5 business days of the end of each month into a separate account to be established by each respective horsemen's organization at a banking institution of its choice; and provided further, that of this amount, the board shall determine how much shall be paid annually by the horsemen's organization to the thoroughbred jockeys or standardbred drivers organization at the horse racing facility for health insurance, life insurance or other benefits to active and disabled thoroughbred jockeys or standardbred drivers under the rules and eligibility requirements of that organization.
SECTION 12. Said Chapter 23K of the General Laws, as so appearing, is hereby amended by inserting after section 60, the following 2 new sections:-
Section 60A. There shall be established and set up on the books of the commonwealth a Thoroughbred Horse Capital Improvements Trust Fund to be administered by the board. During each calendar year each running horse track licensee under section 3 of chapter 23K ¼, other than a licensee holding a racing meeting in connection with a state or county fair, shall daily pay: the total sum of the so-called breaks, as defined in section 9 of said chapter 23K ¼ , less one hundred thousand dollars, into the said trust fund under the direction and supervision of the state racing board members, as they are individuals, as trustees of said trust; provided, however, that the aforementioned sum of one hundred thousand dollars shall be allocated, subject to appropriation, to the Massachusetts council on compulsive gambling. Said trustees shall deposit all monies in said trust fund in one or more banks, at interest, within the commonwealth.
Said trustees may expend without appropriation all or any part of the Thoroughbred Horse Capital Improvements Trust Fund to a running horse track licensee in proportion to the amount deposited in said fund by said running horse track licensee for use as all or part of a capital expenditure for alterations, additions, replacements, changes, improvements or major repairs to or upon the property owned or leased by such licensee and used by it for the conduct of racing, but not for the costs of maintenance or of other ordinary operations, whether such costs have been incurred or not. Said trustees may expend to a licensee all amounts accumulated in such trust fund which are attributable to racing operations conducted at a running horse track.
Said trustees shall prescribe terms and conditions for such grants and may designate specific capital improvements to be undertaken by a licensee; provided, however, that, prior to approving any expenditures from said trust funds for purposes not designated by the trustees, the trustees shall require the licensee to submit to them detailed business plans describing the specific capital improvements contemplated by the licensee and shall formally vote to permit such expenditures; provided, further, that under no circumstances shall the trustees permit the expenditure of trust funds for purposes not directly related to the improvement of running horse racing; and provided, further, that such terms and conditions for capital improvement projects shall include schedules of periodic payments to be prepared by the trustees in accordance with schedules contained in construction contracts for such capital improvement projects. Such licensee shall comply with all applicable provisions of chapter 149 unless such compliance is waived by the commission for cause.
No such expenditure for such capital improvements shall be approved by the trustees if such improvements are to be accomplished pursuant to a contract with a person, corporation, partnership, trust or any combination of the same or any other entity owned wholly or in part by a person, corporation, partnership, trust or any combination of the same or any other entity which owns or operates or holds any interest in any racetrack in the commonwealth.
The trustees shall hire the services of such architectural and engineering consultants or the services of such other consultants as they deem appropriate to advise them generally and to evaluate proposed capital improvement projects submitted to them for their approval.
Nothing herein contained shall preclude a running horse track from making capital improvements not funded in whole or in part from such funds; provided, however, that all sums approved by said trustees hereunder shall be expended in their entirety for capital improvements; provided, further, that any revision by said licensee in the making of capital improvements as hereinbefore provided, shall require separate written approval by the trustees therefor. All financial statements required under section 11 of chapter 23K ¼ shall be accompanied by a statement signed under the pains and penalties of perjury by the chief financial officer of the licensee, setting forth the capital improvements made with funds obtained under this section and further certifying that such expenditures are treated as capital expenditures in the accompanying financial statements.
The trustees shall require from a running horse racetrack such vouchers, cancelled checks or other documents as said trustees deem necessary to verify that the expenditures from said funds were carried out in accordance with the provisions of this section.
Funds paid by licensees and deposited by the board in the Thoroughbred Horse Capital Improvements Trust Fund shall remain in said funds until expended under this section; provided, however, that any amount in said accounts as of December 31st of each year which has not been so expended or as to which no binding commitment has been made by said trustees shall thereupon be deposited in the Race Horse Development Fund established under section 60 of chapter 23K.
Section 60B. There shall be established and set up on the books of the commonwealth a Standardbred Horse Capital Improvements Trust Fund to be administered by the board. During each calendar year each harness horse track licensee under section 3 of chapter 23K ¼, other than a licensee holding a racing meeting in connection with a state or county fair shall daily pay: the total sum of the so-called breaks, as defined in section 9 of said chapter 23K ¼ , and a sum equal to 2 per cent of the total amount wagered by patrons wagering on the speed or ability of a combination of more than one harness horse in a single pool, exotic wagering, so-called, into the said trust fund under the direction and supervision of the state racing board members, as they are individuals, as trustees of said trust. Said trustees shall deposit all monies in said trust fund in one or more banks, at interest within the commonwealth.
Said trustees may expend without appropriation all or any part of the Standardbred Horse Capital Improvements Trust Fund to a harness horse track licensee for use as all or part of a capital expenditure for alterations, additions, replacements, changes, improvements or major repairs to or upon the property owned or leased by such licensee and used by it for the conduct of racing, but not for the costs of maintenance or of other ordinary operations, whether such costs have been incurred or not. Said trustees may expend to a licensee all amounts accumulated in such trust fund which are attributable to racing operations conducted at a harness horse track.
Said trustees shall prescribe terms and conditions for such grants and may designate specific capital improvements to be undertaken by the licensee; provided, however, that prior to approving any expenditures from said trust fund for purposes not designated by the trustees, the trustees shall require the licensee to submit to them detailed business plans describing the specific capital improvements contemplated by the licensee and shall formally vote to permit such expenditures; provided, further, that under no circumstances shall the trustees permit the expenditure of trust funds for purposes not directly related to the improvement of harness horse racing; provided, further, that such terms and conditions for capital improvement projects shall include schedules of periodic payments to be prepared by the trustees in accordance with schedules contained in construction contracts for such capital improvement projects. Such licensee shall comply with all applicable provisions of chapter 149 unless such compliance is waived by the commission in writing for cause.
No such expenditure for capital improvements shall be approved by the trustees if such improvements are to be accomplished pursuant to a contract with a person, corporation, partnership, trust or any combination of the same or any other entity owned wholly or in part by a person, corporation, partnership, trust or any combination of the same or any other entity which owns or operates or holds any interest in any racetrack in the commonwealth.
The trustees shall hire the services of such architectural and engineering consultants or the services of such other consultants as they deem appropriate to advise them generally and to evaluate capital improvement projects submitted to them for their approval.
Nothing herein contained shall preclude a harness horse track from making capital improvements not funded in whole or in part from such funds; provided, however, that all sums approved by said trustees hereunder shall be expended in their entirety for capital improvements; provided, further, that any revision by said licensee in the making of capital improvements as hereinbefore provided, shall require separate written approval by the trustees therefor. All financial statements required under section 11 of chapter 23K ¼ shall be accompanied by a statement signed under the pains and penalties of perjury by the chief financial officer of the licensee, setting forth the capital improvements made with funds obtained under this section and further certifying that such expenditures are treated as capital expenditures in the accompanying statements.
The trustees shall require from a harness racetrack such vouchers, cancelled checks or other documents as said trustees deem necessary to verify that the expenditures from said funds were carried out in accordance with the provisions of this section.
Funds paid by licensees and deposited by the board in the Standardbred Horse Capital Improvements Trust Fund shall remain in said funds until expended under this section; provided, however, that any amount in said accounts as of December 31st of each year which has not been so expended or as to which no binding commitment has been made by said trustees shall thereupon be deposited in the Race Horse Development Fund established under section 60 of chapter 23K.
SECTION 13. The General Laws, as so appearing, is hereby amended by inserting after Chapter 23K the following two chapters:-
CHAPTER 23K ¼.
HORSE RACING MEETINGS.
Section 1. Terms used in this chapter shall, unless the context otherwise requires, be construed as follows:-
“Board”, the state racing board established in chapter 23K.
''Breaks'', in the case of racing meetings conducted in the commonwealth by a racing meeting licensee, the odd cents over any multiple of 10 cents of winnings per $1 wagered.
''Commission'', the Massachusetts gaming commission established in chapter 23K.
''Racing meeting'' shall include every meeting within the commonwealth where horses are raced and where any form of betting or wagering on the speed or ability of horses shall be permitted, but shall not include any meeting where no such betting or wagering is permitted even though horses or their owners, are awarded certificates, ribbons, premiums, purses, prizes or a portion of gate receipts for speed or ability shown.
''Race track'' shall include the track, grounds, auditorium, amphitheatre or bleachers, if any, and adjacent places used in connection therewith, where a horse racing meeting may be held; provided, however, that each person licensed to conduct a running horse racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall conduct the racing meeting on a race track with a racing strip of not less than 1 mile.
''Rebate'', money returned, which was not the result of winning a prize from the wagered competition pursuant to this chapter and chapter 23K ½, to a bettor by a racing meeting licensee based on a percentage of his wager.
''State or county fair'' shall mean an agricultural fair or exhibition, the main purpose of which is the encouragement, improvement or extension of agriculture by competitive exhibits of agricultural products, including exhibits described in paragraph (f) of section 2 of chapter 128, and of varied types of available livestock, with youth participation therein, and the display of agricultural machinery, implements and other improvements of interest to dairy and produce farmers and horticulturists.
Section 2. Any person desiring to hold or conduct a horse racing meeting within the commonwealth shall make an application to the state racing board established in chapter 23K for a license so to do. Such application shall state:
(1) The name of the applicant.
(2) The post office address of the applicant, and if a corporation, the name of the state under the laws of which it is incorporated, the location of its principal place of business and the names and addresses of its directors and stockholders.
(3) The location of the race track where it is proposed to hold or conduct such meeting.
(4) The days on which it is intended to hold or conduct such a meeting.
(5) The hours of each day between which it is intended to hold or conduct racing at such meeting, which hours shall be not before ten o'clock ante meridian for horse racing except as provided for in section 3, nor later than seven o'clock post meridian for running horse racing nor later than twelve o'clock midnight for harness horse racing.
(6) Answers to such other questions as the board may prescribe, and
(7) That the applicant will comply, in case such license be issued, with all applicable laws and with all applicable rules and regulations prescribed by the board.
Such application shall be filed with the board on or before October 1st of the calendar year preceding the calendar year for which application requests a license to be issued under this chapter; and the board shall grant or dismiss such application not later than the November 15th next following; provided, however, that a supplementary application by a licensee for a subsequent license in the calendar year for which a license had theretofore been issued to such licensee and relating to the same premises as were specified in the previously issued license, and supplementary applications by a licensee for additional licenses under section 4, may be filed with the board at any time prior to the expiration of said calendar year for which a license had theretofore been issued to said licensee; and the board shall grant or dismiss such applications within 30 days of the date of filing. Such applications shall be signed and sworn to, if made by an individual, by such individual; if made by two or more individuals or a partnership, by one of such individuals or by a member of such partnership, as the case may be, if made by a trust, by a trustee of such trust, and, if made by an association or corporation, by the president or vice president thereof. The board may prescribe forms to be used in making such applications.
With such application there shall be delivered to the board a certified check or bank draft, payable to the board, weekly in advance for the full amount of the license fee required by this chapter.
Section 3. If any application for a license, filed as provided by section 2, shall be in accordance with the provisions of this chapter, the board, after reasonable notice and a public hearing in the city or town wherein the license is to be exercised, may issue a license to the applicant to conduct a racing meeting, in accordance with the provisions of this chapter, at the race track specified in such application; provided, that if the board has already taken action on an application for any calendar year, after such notice and public hearing, no other public hearing need be held on any other application from the same applicant relating to the same premises filed prior to the expiration of said year; and provided, further, that on an application for a license to conduct a horse racing meeting in connection with a state or county fair the applicant shall show a certificate from the commissioner of food and agriculture that (1) such fair is a state or county fair as defined in section one, (2) such fair has been operating for each of the five consecutive years immediately preceding the date of filing such application and had received for each of said five consecutive years assistance from the agricultural purposes fund, (3) such fair is properly qualified as hereinafter in this paragraph provided and (4) the location where such racing meeting is to be held is annually approved by him and by the board of agriculture; and provided, further, that on an application for a license to conduct a horse racing meeting in connection with a state or county fair by an applicant to whom a prior license to conduct such a racing meeting at the race track specified in said application has been granted by the board, no hearing need be held, unless a request, signed by at least one per cent of the registered voters of the city or town in which the track is located, is filed with the board not later than thirty days following the granting of said license. In determining whether a fair is properly qualified under this paragraph, the commissioner of food and agriculture shall consider the number of days such fair has operated each previous year, the area of the land used for fair purposes, the number of entries in agricultural show events in previous years, the number and value of prizes offered in such events and whether or not the granting of a racing license would tend to promote the agricultural purposes of the fair.
Such license shall state:
(1) The name of the person to whom the same is issued,
(2) The location of the race track where the racing meeting thereby authorized is to be held,
(3) The days on which such meeting may be held or conducted,
(4) The hours of each day between which racing may take place at such meeting, and
(5) That the required license fee has been received by the commission.
No license shall be issued which would permit a racing meeting to be held or conducted except under the following conditions:
(a) No license shall be issued for more than an aggregate of 200 racing days in any 1 year at all running horse racing meetings combined, not including running horse racing meetings held in connection with state or county fairs.
(b) No license shall be issued for more than an aggregate of 200 racing days in any 1 year at all harness horse racing meetings combined, including harness horse racing meetings at state or county fairs.
(c) Licenses shall permit racing meetings only between the hours of 10:00 a.m. and 12:00 midnight. The board shall grant authorized dates at such times that are consistent with the best interests of racing and the public; provided, however, that dates for racing meetings held in connection with a state or county fair may only be awarded during the period between June 15 and October 15. The board may, in its discretion, on written application from a racing licensee made at least 7 days prior to the date of any proposed change of time stated in the racing license and without necessity for further public hearing, change the hours of conducting such racing meeting between any of the aforesaid hours, notwithstanding the hours set forth on the license; provided, however, that, if by reason of state or national emergency, night illumination is forbidden by public authority, then the board may, in its discretion, issue a license to permit racing at such hours as the board shall determine between the hours of 10:00 a. m. and 12:00 midnight. For the purpose of imposing the fee provided for in section 4, computing the sums payable to the board under section 9 and counting the number of days authorized by clauses (a) and (b), any racing meeting held after 7:00 p.m. on the same day on which a racing meeting is held at the same race track prior to 7:00 p.m. shall be considered a separate day of racing.
(d) Each county shall have not more than 1 racing meeting licensee, except in connection with a state or county fair.
(e) No license shall be issued to any person who is in any way in default, under the provisions of this chapter, in the performance of any obligation or in the payment of any debt to the board; provided, however, that no license shall be issued to any person who has, within 10 years of the time of filing the application for the license, been convicted of violating section 9.
(f) In granting authorized dates under this section, the board shall take into consideration, in addition to any other appropriate and pertinent factors, the following: the financial ability of an applicant to operate a race track; the maximization of state revenues; the suitability of racing facilities for operation at the time of the year for which dates are assigned; the circumstance that large groups of spectators require safe and convenient facilities; the interest of members of the public in racing competition honestly managed and of good quality; the necessity of having and maintaining proper physical facilities for racing meetings and the necessity of according fair treatment to the economic interest and investments of those who in good faith have provided and maintain such facilities. Notwithstanding the foregoing provisions of this section, the board shall have the right to review and reconsider without further notice or public hearing any application made prior to October 1 for which racing dates have been requested for the following year; provided that the application has had a public hearing prior to November 15; and provided, further, that any applicant who has been denied these racing dates makes a written request for review and reconsideration within 90 days of receiving notice of the denial; and provided further, that the commission shall reconsider and review the request within 180 days of the denial.
(g) No license shall be transferable, except with the approval of the board.
(h) No license shall be issued to permit horse racing meetings to be held on premises owned by the commonwealth or any political subdivision thereof.
(j) No license shall be issued to any person to hold or conduct a horse racing meeting in connection with a state or county fair or any exhibition for the encouragement or extension of agriculture under the reduced license fee provided in section 4, unless the applicant shall first satisfy the board that the main purpose of the fair or exhibition is the encouragement or extension of agriculture and that the same constitutes a bona fide exhibition of that character. No license shall be issued to a person to hold or conduct a horse racing meeting in connection with a state or county fair or any exhibition for the encouragement or extension of agriculture for more than 15 days in a calendar year.
(k) No license shall be issued unless the person applying therefor shall have executed and delivered to the board a bond payable to the board in the amount of $1,250,000 with a surety or sureties approved by the board conditioned upon the payment of all sums which may become payable to the board under this chapter; provided, however, that the amount of such bond, in the case of any person holding or conducting a racing meeting in connection with a state or county fair, shall be $250,000.
(l) Every license shall be recorded in the office of the clerk of the city or town in which the racing meeting is held or conducted at a time not less than 5 days before the first day of the meeting or forthwith upon the issuance of the license if the same shall be issued after that time. After the license is so recorded, a duly certified copy thereof shall forthwith be conspicuously displayed and shall be kept so displayed continuously during the racing meeting in the principal business office at the race track where the meeting is held and at all reasonable times shall be exhibited to any person requesting to see the same.
(m) Every licensee shall keep conspicuously posted in various places on its premises a notice containing the name and numbers of the council on compulsive gambling and a statement of its availability to offer assistance.
Section 4. The fee for the license provided for in section 3 shall be $300 or three-fourths of one-tenth of one per cent of the average daily handle of the previous calendar year for each day of any running horse or harness horse racing meeting, whichever is the greater amount; provided, however, that a reduced fee, applicable to a license to any person holding or conducting a horse racing meeting in connection with a state or county fair, or any exhibition for the encouragement or extension of agriculture, shall not exceed $100 for each day of such horse racing meeting.
If for any reason or cause, beyond the control of and through no fault or neglect of any licensee and while such licensee is not in default, it should become impossible or impracticable to conduct racing upon any day or successive days specified in a license issued by the board, the board at the request of the licensee may, and upon proper showing shall, request the state treasurer to refund to the licensee an amount equal to the license fees paid for days on which such licensee does not hold or conduct a racing meeting under the terms of the license issued for such purpose. Upon receipt of such request, the state treasurer shall forthwith pay such amount to such licensee. The board may, upon application of any such licensee, and upon the payment of the required license fees, grant an additional license for not more than the number of days on which it was impossible or impracticable to conduct racing, which days shall not be counted in the aggregate of racing days permitted by section 3. The decision of the board as to such impossibility or impracticability shall be final.
No license fee for the privilege of holding or conducting a horse racing meeting, or for any other purpose peculiarly incidental to the holding or conducting of such a meeting, shall be imposed upon or collected from such a licensee by any city or town.
Section 5. (a) The provisions of section 181 of chapter 140, and of sections 31, 33 and 34 of chapter 271, and of chapter 494 of the acts of 1908 shall not apply to race tracks or racing meetings laid out and conducted by licensees under this chapter or to animals eligible to race at such meetings; except that no license shall be granted by the board for a racing meeting in any city or town, except in connection with a state or county fair, unless the location of the race track where such meeting is to be held or conducted has been once approved by the mayor and city council or the town council or the selectmen as provided by said section 33 of said chapter 271, after a public hearing, seven days’ notice of the time and place of which hearing shall have been given by posting in a conspicuous public place in such city or town and by publication in a newspaper published in such city or town, if there is any published therein, otherwise in a newspaper published in the county wherein such city or town is situated, and a majority of the registered voters of such city or town voting on the described location relative to granting such licenses have voted in the affirmative within the same calendar year as such approval by a mayor and city council or the town council or the selectmen.
(b) A certified copy of the results of a vote on a question submitted to the voters of a political subdivision, in accordance with the provisions of this chapter, relative to granting a license for a horse racing meeting or horse races at fairs, shall be sent by the state secretary, or by the city or town clerk in the case of a vote by a city or town, to the board within 90 days after the election.
Section 6. The board shall have full discretion to refuse to grant a license to any applicant for a license or to suspend or revoke the license of any licensee. If any license is suspended or revoked, the board shall make a record of its reasons for doing so and such record shall be made available to any person requesting to inspect the same.
Section 7. Except in the case of a publicly held corporation, no person, firm, partnership, trust, association or corporation who has been granted a license to conduct a horse racing meeting, or an officer, director or the beneficial owner of 10 per cent or more of the stock of a corporation holding such a license, shall sell, transfer, convey or cause to be transferred, singly or in concert with others, more than 10 per cent of the value or stock of the facility or corporation so licensed without first obtaining the written approval of the board.
The board shall approve such sale, transfer or conveyance unless it finds that the consideration therefor is (i) inadequate or (ii) without good cause, (iii) that the sale or transfer results in an undesirable concentration of ownership of racing facilities within the commonwealth, or (iv) that the sale or transfer has an adverse impact upon the integrity of the racing industry.
A publicly held corporation, shall, prior to the sale, transfer or conveyance of more than 10 per cent of the stock of the corporation, file notice of such action with the board. A copy of any filing required by state or federal securities law regarding notice of such sale, transfer or conveyance shall be simultaneously filed with the board. The board shall have the same rights as to transferees as it would have with respect to original applicants for licensure.
Section 8. At least 85 per cent of the persons employed by a licensee at a racing meeting held or conducted by them shall be citizens of the commonwealth and shall have been such citizens for at least two years immediately prior to such employment.
Section 9. (a) Before holding or conducting a racing meeting, every licensee shall provide a place or places, equipped as hereinafter provided, on the grounds where such meeting is held or conducted or adjacent thereto, but not elsewhere, at which such licensee shall conduct and supervise the pari-mutuel or certificate system of wagering on the speed or ability of horses performing in the races held or conducted by such licensee at such meeting, and such pari-mutuel or certificate method of wagering upon such races so conducted shall not under any circumstances be held or construed to be unlawful, notwithstanding any general or special law to the contrary. Such place or places shall be equipped with automatic betting machines capable of accurate and speedy determination of awards or dividends to winning patrons, and all such awards or dividends shall be calculated by a totalisator machine or like machine, except at state or county fairs.
(b) No other place or method of betting, poolmaking, wagering or gambling shall be used or permitted by the licensee, nor shall this chapter be deemed to authorize or legalize the pari-mutuel or certificate system of wagering on any races except at the track where such pari-mutuel or certificate system of wagering is conducted; provided, however, that this prohibition shall not apply to simulcast wagering authorized under chapter 23K ½ nor to account wagering authorized under section 10 of said chapter.
(c) Each licensee conducting a running horse racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall return to the winning patrons wagering on the speed or ability of any 1 running horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 running horse; and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 26 per cent of the total amount deposited. Each licensee shall:
(1) pay to the board on the day following each day of such running horse racing meeting a sum equal to 0.75 per cent of the total amount deposited on the preceding day by patrons so wagering at the meeting, the percentage to be paid from the 19 per cent or 26 per cent withheld, as provided in this section, from the total amount wagered;
(2) pay to the Massachusetts Thoroughbred Breeders Association, Inc. on the day following each day of such running horse racing meeting a sum equal to 1 per cent of the total amount deposited by the patrons, less the breaks, and taken from the 19 per cent withheld and from the 26 per cent withheld from exotic wagers, the monies to be used for the purposes of subsection (g) of section 2 of chapter 128;
(3) allocate from the total amount deposited daily by the patrons wagering at the meeting a sum equal to 8.5 per cent from the 19 per cent withheld and a sum equal to 9.5 per cent from the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses to the horse owners in accordance with the rules and established customs of conducting running horse racing meetings and, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations, and the monies shall be in addition to monies deposited into a separate purse account as simulcast premiums received pursuant to section 2 of chapter 23K ½;
(5) pay a sum equal to 0.25 per cent from the 19 per cent and 26 per cent withheld from the total amount wagered by patrons so wagering and the total sum of the breaks annually into the trust fund known as the Thoroughbred Horse Capital Improvements Trust Fund, under the direction and supervision of the state racing board members as they are individuals as trustees of said trust;
(6) pay to Tufts University School of Veterinary Medicine on the day following each day of such running horse racing meeting a sum equal to 0.5 per cent of the total amount deposited by the patrons, less the breaks, from the 26 per cent withheld from exotic wagers, to be used for equine research scholarships and loans.
Each licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from the total amounts wagered less the amounts required to be paid under clauses (1) to (6), inclusive.
(d) Each licensee conducting a harness horse racing meeting shall return to the winning patrons wagering on the speed or ability of any 1 harness horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 harness horse; and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 26 per cent of the total amount so deposited. Each such licensee, including a licensee holding a harness horse racing meeting in connection with a state or county fair, shall:
(1) pay to the board on the day following each day of such harness horse racing meeting, excluding races conducted in connection with a state or county fair, a sum equal to 0.75 per cent of the total amount deposited on the preceding day by patrons so wagering at the meeting, the percentage to be paid from the 19 per cent withheld from the straight wagers or 26 per cent withheld from the exotic wagers as provided under this section;
(2) pay to the Massachusetts Standardbred Breeders program established under subsection (j) of section 2 of chapter 128, on the day following each day of the harness horse racing meeting a sum equal to 0.5 per cent of the total amount deposited by the patrons, less the breaks, and taken from the 19 per cent withheld from the straight wagers and a sum equal to 1.5 per cent of the total amount deposited by the patrons, less the breaks, from the 26 per cent withheld from the exotic wagers; the monies to be used for the purposes of said subsection (j) of said section 2 of said chapter 128;
(3) allocate from the total amount deposited daily by the patrons wagering at such meeting a sum equal to 8 per cent from the 19 per cent withheld and a sum equal to 10 per cent from the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses to the horse owners in accordance with the rules and established customs of conducting harness horse racing meetings; the monies shall be in addition to monies deposited into a separate purse account as simulcast premiums received under section 2 of chapter 23K ½ ;
(5) pay the total sum of the breaks and a sum equal to 2 per cent of the total amount of the exotic wagers into the trust fund known as the Standardbred Horse Capital Improvements Trust Fund, under the direction and supervision of the state racing board members as they are individuals as trustees of the trust.
Each licensee may retain as its commission on the total of all sums deposited, a sum not exceeding the balance of the 19 per cent withheld from the straight wagers or the 26 per cent withheld from the exotic wagers as provided in this section less the amounts required to be paid under clauses (1) to (5), inclusive.
(f) Each licensee conducting a running horse racing meeting in connection with a state or county fair shall return to the winning patrons wagering on the speed or ability of any 1 running horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 running horse.
Each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also called an exotic wager, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 26 per cent of the total amount so deposited. Each licensee shall:
(1) pay to the board on the day following each day of such running horse racing meeting a sum equal to 0.75 per cent of the total amount deposited on the preceding day by patrons wagering at the meeting, the percentage to be paid from the 19 per cent and 26 per cent withheld, as provided under this section, from the total amount wagered on straight wagers and exotic wagers, respectively;
(2) allocate from the total amount deposited daily by the patrons wagering at the meeting a sum equal to 8 per cent from each of the respective 19 per cent withheld and 26 per cent withheld as provided in this subsection to be used solely for the payment of purses to the horse owners in accordance with the rules and established customs for the conduct of running horse racing meetings; and
(3) pay a sum equal to 1 per cent of the total handle at the end of its racing schedule to the Massachusetts Thoroughbred Breeders Association, Inc.; provided, however, that the Association shall utilize the monies to develop a program to support horse racing at agricultural fairs including, but not limited to, owners' and breeders' awards for Massachusetts-bred thoroughbreds and provisions to supplement the purses of races or to provide the entire purse for the Massachusetts-bred thoroughbred races.
Each licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from the total amounts wagered less the amounts required to be paid under clauses (1) to (3), inclusive.
(h) All pari-mutuel taxes paid to the board under this section, together with all pari-mutuel taxes paid to the board under section 2 of chapter 23K ½, and all assessments, association licensing fees, occupational licensing fees, fines, penalties and miscellaneous revenues, other than unclaimed wagers, paid to the board shall be deposited in the race horse development fund established in chapter 23K.
(j) 3.5 per cent of all purses at all running horse racing meeting licensees' tracks in the commonwealth shall be paid to the Massachusetts Thoroughbred Breeders' Association, Inc.
Section 10. Monies from all unclaimed live wagers made under this chapter and chapter 23K ½ shall be deposited with the board. Subject to the rules and regulations established by the board, the board shall deposit the unclaimed live wagers into the purse accounts of the racing meeting licensees that generated those unclaimed live wagers. A notice of the limitation prescribed by this section, in such form as the board shall prescribe, shall be posted by each licensee in a conspicuous place at each window or booth where pari-mutuel tickets are sold.
Section 11. Accurate records and books shall at all times be kept and maintained by each licensee, showing the number, nature and amount of all wagers made in connection with such meeting. The board, or its duly authorized representatives, shall at all reasonable times have access to the records and books of any licensee for the purpose of examining and checking the same, and ascertaining whether or not the proper amount has been or is being paid to the commission as herein provided.
Within 60 days after the close of a racing meeting, each licensee conducting a horse racing meeting shall submit, on forms prescribed by the board, financial statements certified to the board by a certified public accountant; provided, however, that said licensee with the prior written approval of the board, may submit said statements annually within 60 days after the close of its fiscal year, if any. The board, or its duly authorized representatives, shall at all reasonable times have access to all records and books of the licensee for the purpose of examining and certifying the same.
The board may also from time to time require sworn statements of such wagers and may prescribe blanks upon which such reports shall be made. Any licensee failing or refusing to make such report as herein provided, or failing or refusing to pay the amount found to be due as provided in this chapter, shall be deemed guilty of larceny and upon conviction shall be punished by a fine of not less than $1,000 nor more than $10,000.
Section 12. The board shall appoint two stewards to each track licensed to conduct racing meetings, who shall not be subject to chapter 31 or section 9A of chapter 30. The board shall assign, by regulation, duties to be performed by him. The compensation of the board-appointed steward shall be fixed by the board.
The board may also appoint one or more other representatives to attend each racing meeting held or conducted under a license issued under this chapter, and the appointment of said representatives shall not be subject to chapter 31 or section 9A of chapter 30. The compensation and duties of each such representative shall be fixed by the board.
Each such representative appointed by the board to attend a racing meeting shall have full and free access to the space or enclosure where the pari-mutuel or certificate system of wagering is conducted or supervised for the purpose only of ascertaining whether or not the provisions of this chapter are being properly observed. They shall also, for the same purpose only, have full and free access to the books, records and papers pertaining to such pari-mutuel or certificate system of wagering. All employees of the board assigned to the tracks for security purposes and all police officers assigned to the board shall be under the control and authority of one of the representatives of the board at each track. Said representative shall have full and free access to any other areas used in connection with the conduct of racing. They shall investigate, ascertain and report to the board in writing under oath as to whether or not he has discovered any violation at such meeting of any of the provisions of this chapter, and, if so, the nature and character of such violations. Such report shall be made within 10 days after the termination of the duties of such representative at any racing meeting.
If any such report shows any violation of this chapter, the board shall transmit a copy of such report to the attorney general for such action as they shall deem proper.
Section 13. The board shall apply to the department of public safety for the assignment of a complement of police officers to the board on a regular basis and said department shall assign such complement to the board. The board shall assign such police officers to guard and protect the lives and safety of the public, property and the animals to be raced at any such meeting, and to perform any such other duties which may be required by said board in order to maintain fair and honest pari-mutuel racing at any such meeting. The police officers so assigned shall, except in the case of an emergency, and while on duty at any such racing meeting, be subject to the operational authority of the board; provided, however, that such assignment or reassignment shall not in any way impair any rights to which any officer may be entitled.
The board shall from funds available pay to the department of public safety the cost of the salaries of the police officers so assigned from funds appropriated to the board.
All assignments and reassignments to the board, except as the commissioner of public safety shall determine that an emergency exists or is threatened, shall be subject to the approval of the chair of the board. Nothing herein shall prevent licensees from applying to the state police if they have jurisdiction in the area where a racing meeting is to be held, or to the police department of a city or town wherein a racing meeting is to be held, in order that such police agency may furnish a police detail for safety or traffic purposes at any racing meeting authorized by this chapter. The total cost for any such police detail shall be a sum equal to the salaries of the police officers comprising such detail, plus a sum to cover the administrative expenses incurred by the department of each such police officer.
The board shall employ as many veterinarians, chemists and laboratory technicians as it deems necessary to insure the legitimate performance of the animals to be raced at any racing meetings authorized by this chapter and to protect the health of such animals and the department of public safety shall provide that such veterinarians, chemists and laboratory technicians shall have access to the department's laboratory facilities.
Section 14. The board shall make periodic inspections of all of the installations and facilities operated by its licensees, including stable areas and the office of the racing secretary during the time that entries are being filed. Each member shall from time to time personally visit the jockeys' room to observe the activity of the custodians and valets, and the operation of the clerk of the scales, weighing procedures and security provisions. The activities of stewards, placing judges, patrol judges and starters shall be closely supervised by said board and the calculating and tote control room of the various tracks shall be regularly spot-checked to insure fair and equitable results for the wagering public.
Section 15. The board shall have full power to prescribe rules, regulations and conditions under which all horse races at horse racing meetings shall be conducted in the commonwealth and may by rule or regulation prohibit licensees from admitting minors to horse racing meetings.
The board shall have power to prescribe special rules, regulations and conditions applicable to horse racing meetings held under licenses granted hereunder in connection with a state or county fair, or any exhibition for the encouragement or extension of agriculture.
The board shall prescribe rules and regulations under which betting accounts for account wagering, as provided in section 10 of chapter 23K ½, shall be established, maintained and operated.
Rules and regulations so prescribed shall be printed by the board and furnished in reasonable numbers to anyone who may request them.
Any person violating any such rule or regulation shall, upon a complaint brought by the board, be punished by a fine not exceeding $5,000 or by imprisonment not exceeding one year, or by both.
Section 16. For the purpose of enabling the board to exercise and maintain a proper control over horse racing conducted under the provisions of this chapter, the rules, regulations and conditions prescribed by the board under section 15 shall provide for the licensing and registering at reasonable and uniform fees, of agents, assumed names, colors, partnerships and minor agreements and shall provide for the licensing at reasonable and uniform fees of veterinarians, blacksmiths, owners, trainers, jockeys and stable employees at horse tracks participating in such racing, and any other persons having access to horses and all pari-mutuel clerks and other persons with access to money wagered on races.
Such rules and regulations shall also provide for the fingerprinting of all licensees. Every person so licensed shall be required to display and wear a badge containing a photograph. Such rules and regulations may also provide for the suspension and revocation of licenses so granted and for the imposition on persons so licensed of reasonable forfeitures and penalties for the violation of any rule or regulation prescribed by the board and for the use of the proceeds of such penalties and forfeitures.
The board shall have access to criminal offender record information of applicants for any license granted under this chapter or chapter 23K ¼, including officers, directors and beneficial owners of 10 per cent or more of the stock of a corporation applying for such a license, and for applicants for employment by the board. Such access shall be exercised in accordance with sections 167 to 178, inclusive, of chapter 6.
Section 17. Notwithstanding the provisions of section 5 of chapter 30A, no rule, regulation or condition of the board promulgated under the provisions of this chapter shall take effect except as hereinafter provided.
A copy of every such rule, regulation or condition shall be filed with the clerk of the senate and shall be forthwith referred by them to the joint committee on consumer protection and professional licensure.
Said committee shall file a written report with the clerks of the house and senate within 30 days after the filing of the copy thereof with said clerks, stating whether said rules, regulations and conditions are consistent with the statutory provisions under which they were promulgated.
Said rules, regulations and conditions shall take effect unless disapproved by a majority vote of both branches of the general court within 60 days after the filing of the copy thereof with the clerks of the house and senate unless the general court has prorogued within said 60 days.
If the general court prorogues within 60 days of the filing, with the clerks of the house and senate of such rules, regulations and conditions, the clerks of the house and senate shall refer the same to the committee on consumer protection and professional licensure the next session of the general court.
Said committee shall report as hereinbefore provided within 30 days of the first day of such session and such rules, regulations and conditions shall take effect unless disapproved by a majority vote of both branches of the general court within 60 days of the first day of such session.
The clerks of the house and senate shall notify the board of the action taken thereon by the general court.
Notwithstanding the provisions of this section, the board may adopt emergency rules or regulations to protect the health or safety of the public, participants, or animals; provided, however, that no emergency rule or regulation shall attempt to regulate the dates, manner of wagering, or economic terms or conditions of horse racing within the commonwealth; and provided, further, that such emergency rules and regulations shall expire within 90 days.
Section 18. (a) Whoever, being under 21 years old, participates, whether personally or through an agent, in the pari-mutuel or certificate system of wagering at a racing meeting held or conducted by a licensee shall be punished by a fine not to exceed $1,000.
(b) Whoever, being a licensee or an employee of a licensee, who knowingly allows a person under the age of 21 to participate, whether personally or through an agent, in the pari-mutuel or certificate system of wagering at a racing meeting held or conducted by such licensee shall be punished, for a first offense, by imprisonment in the house of correction for not more than 1 year or a fine not to exceed $10,000, or both, and in the case of a person other than a natural person, by a fine not to exceed $500,000 and, for a second or subsequent offense, by imprisonment in the house of correction for not more than 2 years or a fine not to exceed $50,000, or both, and in the case of a person other than a natural person, by a fine not to exceed $1,000,000.
(c) Whoever knowingly participates in the pari-mutuel or certificate system of wagering at a racing meeting held or conducted by such licensee for or on behalf of a person under 21 years of age shall be punished by imprisonment in a house of correction for not more than 6 months or by a fine of not more than $1,000 or both.
Section 19. Whoever, with intent to defraud, falsely makes, alters or forges a pari-mutuel betting ticket issued under the provisions of section 9, or whoever, with intent to defraud, utters and publishes as true a false, forged or altered pari-mutuel betting ticket issued under the provisions of said section 9, knowing the same to be false, forged or altered, shall be punished by a fine of not more than $1,000 or by imprisonment in the state prison for not more than five years or in a jail for not more than two years.
Section 20. Any person making a handbook, at any race track within the commonwealth, or holding or conducting a gambling pool or managing any other type of wagering or betting on the results of any horse or dog race, or aiding or abetting any of the foregoing types of wagering or betting, except as permitted by this chapter, shall for a first offence be punished by a fine of not more than two thousand dollars and imprisonment for not more than one year, and for a subsequent offence by a fine of not more than $10,000 and imprisonment for not more than two years.
Section 21. Any jockey, trainer or owner of horses participating in horse racing, if found guilty by the board of unfair riding or crooked tactics, may be barred or suspended from further participation in racing throughout the commonwealth.
Section 22. No person shall administer or cause to be administered any drug, internally or externally by injection, drench or otherwise, to any horse for the purpose of retarding, stimulating or in any other manner affecting the speed of such horse in or in connection with a race conducted under the provisions of this chapter. Whoever violates this section shall be punished by a fine of $5,000 or by imprisonment for one year, or both.
Section 23. No person shall influence, induce or conspire or connive with, or attempt so to do, any owner, trainer, jockey, agent, driver, groom or other person associated with or interested in or having charge of or access to any horse entered or to be entered in a race for the purpose of fraudulently affecting the ultimate result of such race. Whoever violates this section shall be punished by a fine of not less than $100 nor more than $3,000 or by imprisonment for not more than one year, or both.
Section 24. Any board member or representative of the board or any person licensed to conduct a horse racing meeting, including racing meetings conducted in connection with state or county fairs, shall have the right to refuse admission to or eject from its premises any person whose presence on said premises is detrimental, in the sole judgment of the board member or representative of the board or of said licensee, to the proper and orderly conduct of a racing meeting.
Any person who has been notified by any board member or representative of the board or a licensee of a racing meeting not to enter or attempt to enter its premises and who thereafter, without the express approval of any board member or representative of the board or the licensee, enters or attempts to enter such premises while a racing meeting is being conducted therein, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or both. Any person so excluded by any board member or representative of the board or by a licensee shall have a right of appeal to the commission. The commission shall hold a hearing within ten days after any such person requests an appeal and may after such hearing by vote allow such person admission to such meeting.
Section 25. No person shall hold or conduct, or assist, aid or abet in holding or conducting, any horse racing meeting within the commonwealth unless such person shall comply with the provisions of this chapter.
Any person holding or conducting or any person aiding or abetting in holding or conducting, any horse racing meeting within the commonwealth in violation of any of the provisions of this chapter shall, unless some other penalty for such violation is provided in this chapter, be punished for each such offence by a fine of not more than $10,000 or by imprisonment for not more than one year, or both.
For the purpose of this section, each day on which any horse racing meeting shall be held or conducted in violation of any of the provisions of this chapter shall be considered a separate and distinct offence.
Section 26. Notwithstanding the provisions of this chapter or any general or special law to the contrary, no dog racing or racing meeting where any form of betting or wagering on the speed or ability of dogs occurs shall be conducted or permitted in this commonwealth and the board is hereby prohibited from accepting or approving any application or request for racing dates for dog racing.
Any person violating any provision of this section relative to dog racing shall be subject to a civil penalty of not less than $20,000 which shall be payable to the board and used for administrative purposes of the board subject to appropriation.
CHAPTER 23K ½.
SIMULCAST WAGERING OF RACING.
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
"Advance deposit wagering”, a form of pari-mutuel wagering in which a person deposits money in an account with an advance deposit wagering hub operator licensed by the board to conduct advance deposit wagering. The money is used to pay for pari-mutuel wagers made in person, by telephone, or through a communication by other electronic means on horse or dog races held in or outside the Commonwealth.
"Advance deposit wagering hub operator", a simulcast and interactive wagering hub business operated by a racing meeting licensee or gaming licensee directly, or through an agreement with an authorized and licensed service provider, and licensed by the board that, through a subscriber-based service located in this or another state, conducts pari-mutuel wagering on the races that it simulcasts and on other races that it carries in its wagering menu and that uses a computer that registers bets and divides the total amount bet among those who won.
“Board”, the state racing board established in chapter 23K.
''Breaks'', in the case of racing meetings conducted in the commonwealth by a racing meeting licensee, the odd cents over any multiple of 10 cents of winnings per 1 dollar wagered. In the case of racing meetings conducted at a host track outside the commonwealth, the amount of the breaks shall be determined in accordance with the laws of the state in which the host track is located.
''Commission'', the Massachusetts gaming commission established in chapter 23K.
''Dark days'', those days during a racing season on which live racing is not conducted.
''Dark season'', that period of consecutive days between racing seasons during which a racing meeting licensee may not conduct live racing performances.
''Full schedule of live racing performances'', the conduct of no fewer than seven live races at not less than four separate racing performances each full week during a racing season.
“Gaming licensee”, a person or entity who holds a gaming license under chapter 23K.
''Guest track'', a racing meeting licensee or an out-of-state pari-mutuel wagering facility which accepts any simulcast wager on a live race conducted at another track which is presented by simulcast at its facility.
''Host track'', a racing meeting licensee or an out-of-state track which conducts a live race which is the subject of inter-track simulcasting and simulcast wagering.
''Inter-track simulcasting'', the simulcast of a live race conducted at one track to another track, whether either of said tracks is inside or outside the commonwealth, to permit the recipient of the simulcast to accept simulcast wagers on the race.
''Racing card'', a full program of races on a specified day as approved by the state racing commission at a racing meeting licensee, a pari-mutuel licensee, or other licensed wagering facility located outside the commonwealth.
''Racing day'', a day on which 1 or more racing performances are conducted.
''Racing meeting licensee'', a person licensed by the board, under chapter 23K ¼ to conduct live horse racing meetings; provided, however, that for the purposes of this chapter the words racing meeting licensee shall not include licensees holding racing meetings in connection with a state or county fair.
''Racing performance'', the conduct of at least seven live races during one day.
''Racing season'', that period of consecutive days including dark days during which a racing meeting licensee conducts a full schedule of live racing performances pursuant to his operating license.
''Simulcast'', the broadcast, transmission, receipt or exhibition, by any medium or manner, of a live race, including but not limited to, a system, network, or programmer which transmits, or receives, television or radio signals by wire, satellite, or otherwise.
''Simulcast wager'', a wager taken at a guest track on a race conducted live at another track, whether inside or outside the commonwealth.
"Source market fee", the portion of a wager made with a licensed advance deposit wagering hub operator by a Massachusetts resident that is paid to the board.
''Takeout'', that amount of money wagered which is not returned as prize money to the wagerers and which does not include the breaks as defined in section 9 of chapter 23K ¼.
Section 2. A racing meeting licensee, except a licensee operating within Berkshire county, or gaming licensee shall have the right to simulcast live races, for wagering purposes or otherwise, within the commonwealth except in Berkshire county and to and from pari-mutuel licensees or other licensed wagering facilities located outside the commonwealth. Such right shall only be exercised on any calendar day on which a racing meeting licensee conducts a racing performance, a dark day or during a dark season. Any violation of the provisions of this chapter shall be cause for the board to invoke its power to suspend or revoke a racing meeting licensee’s operating license under section 6 of chapter 23K ¼ or for the commission to invoke its power to suspend or revoke a gaming licensee’s operating license under section 3 of chapter 23K. A racing meeting licensee shall make simulcasts of live races conducted by such racing meeting licensee available to all otherwise eligible racing meeting licensees and gaming licensees who have successfully made application to the board or commission to simulcast, on the same terms, to include economic terms, and conditions.
All racing meeting licensees and gaming licensees, whether acting as a host or guest track for simulcasting purposes shall file with the board, clerk of the senate and clerk of the house of representatives a copy of all contracts, agreements, or conditions under which simulcast events are broadcast, transmitted or received which shall include provisions for takeout, commissions and charges.
No racing meeting licensee, whether acting as a guest track or a host track shall simulcast live races unless said licensee conducts a full schedule of live racing performances during a racing season except that if the board determines that a licensee cannot conduct a full schedule of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the board may permit the licensee to continue simulcasting, and if it appears that a racing meeting licensee is or will become unable to conduct a full schedule of live racing performances, the board shall suspend such right to simulcast until said licensee conducts or resumes a full schedule of live racing performances; provided, further, that no racing meeting licensee shall simulcast live races unless each said racing meeting licensee is licensed to conduct no fewer than a total of 60 racing performances.
All simulcasts shall comply with the provisions of the Interstate Horseracing Act of 1978, 15 U.S.C. Sec. 3001 et seq. or other applicable federal law; provided, however, that all simulcasts from states whose racing associations do not require approval in compliance with the Interstate Horseracing Act of 1978, 15 U.S.C. Sec. 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen's Benevolent and Protective Association, or other entity deemed appropriate by the board, prior to being simulcast to any racing meeting licensee within the commonwealth; provided, further, that if said association agrees to approve such simulcast for one racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.
Each racing meeting and gaming licensee shall pay a fee for those days, whether a dark day, a day during a dark season, or any day between periods of racing under an operating license, when no live races are conducted but simulcast races are shown and simulcast wagers are accepted. Such fee shall be determined by the board in accordance with the license fees charged under the provisions of chapter 23K ¼. No other daily fee shall be assessed.
Section 3. All wagers on simulcast races accepted by a racing meeting licensee or gaming licensee within the commonwealth or by a pari-mutuel licensee in another jurisdiction when such licensee is operating as a guest track shall be included in the pari-mutuel pool of the racing meeting licensee which conducts the live race, unless the board approves a different procedure.
The board shall promulgate rules as are necessary to facilitate the commingling of pari-mutuel pools, to ensure the proper calculations and distributions of payments and takeouts on such wagers and to regulate the distribution of net proceeds as provided in this chapter.
Section 4. The unclaimed simulcast wagers collected by the gaming licenses, the running horse racing meeting licensee, and the harness horse racing meeting licensee shall be deposited in a separate account under the control and supervision of the board for payment to the purse accounts of the racing meeting that generated the unclaimed wagers.
Section 5. (a) Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live running horse race from a host track within the commonwealth shall pay daily from such simulcast wagers a sum equal to 0.125 per cent and the total sum of the breaks into the trust fund known as the Thoroughbred Horse Capital Improvements Trust Fund under the direction and supervision of the state racing board members.
Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less such breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any one running horse, also known as a straight wager, and, each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks, and less an amount not to exceed 26 per cent of the total amount so deposited.
The licensee shall pay to the board on behalf of the commonwealth on the day following each day of simulcasting, a sum equal to 0.375 per cent; a sum equal to 0.5 per cent to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding in the commonwealth pursuant to law; a sum equal to 5 per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26 per cent withheld to the horse owners at the host track for purses in accordance with the rules and established customs of conducting running horse racing meetings or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations; said percentage to be paid from the 19 per cent and the 26 per cent withheld, as provided in this section.
The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track; 8.75 per cent of the straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations, said percentages to be paid from the 19 per cent and 26 per cent withheld as provided in this section.
(b) Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live running horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the sum of 0.125 per cent and the total sum of the such breaks into the trust fund known as the Thoroughbred Horse Capital Improvements Trust Fund under the direction and supervision of the state racing board members.
Each licensee shall return to the winning patrons all sums so deposited less the breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that, from the total of the percentages withheld, the sum of 0.375 per cent shall be paid daily to the board on behalf of the commonwealth; the sum of 0.5 per cent shall be paid daily to the breeders' association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of the animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as their commission; provided further, that the running horse racing meeting licensee and the appropriate horseman's association representing the horse owners racing at that race track shall contract between themselves a percentage of not less than 4 per cent and not more than 7.5 per cent of the remaining percentages to be paid to the horse owners.
Section 5A. (a) Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks, and a sum equal to 1 per cent of the exotic wagering pool into the trust fund known as the Standardbred Horse Capital Improvements Trust Fund under the direction and supervision of the state racing board members.
Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the such breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any one harness horse, also known as a straight wager, and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks and less an amount not to exceed 26 per cent of the total amount so deposited.
The licensee shall pay to the board on behalf of the commonwealth on the day following each day of simulcasting a sum equal to 0.375 per cent; a sum equal to 0.25 per cent to the breeders association of the most recent live performance at the guest track for the purpose of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to 5 per cent shall be paid to the horse owners for purses at the host track in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to 5.875 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 7.5 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the 19 per cent withheld from the straight wager as provided in this section.
The licensee shall pay to the board on behalf of the commonwealth on the day following each day of simulcasting a sum equal to 0.375 per cent; a sum equal to 0.75 per cent to the breeders association of the most recent live racing performance at the guest track for the purpose of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to 6 per cent to be paid to the horse owners at the host track for purses in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to 6.875 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 11 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the 26 per cent withheld from the exotic wager pool as provided in this section.
(b) Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the total sum of such breaks into the trust fund known as the Standardbred Horse Capital Improvement Trust Fund under the direction and supervision of the state racing board members.
Each licensee shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that, from the total of the percentages withheld, the sum of 0.375 per cent shall be paid daily to the board on behalf of the commonwealth; the sum of 1 per cent of the exotic wagering pool shall be paid daily to the Standardbred Horse Capital Improvement Trust Fund under the direction and supervision of the state racing board members; the sums of 0.25 per cent of the straight wagering pool and 0.75 per cent of the exotic wagering pool shall be paid daily to the breeders' association of the most recent live racing performance at the guest track for the purposes of promoting the breeding of the animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as their commission; provided, however, that the harness horse racing meeting licensee and the appropriate horseman's association representing the horse owners racing at the race track shall contract between themselves a percentage of not less than 4 per cent and not more than 7.5 per cent of the remaining percentages to be paid to the horse owners.
Section 6. (a) If a new running horse racing meeting licensee should replace the existing running horse meeting licensee during any point in a calendar year and a new contract is not agreed upon between the new running horse meeting licensee and the horseman's association before the start of the next racing season, then the last signed, executed and completed contract between the previous running horse racing meeting licensee and the horseman's association shall remain in effect for the racing season only or until a new contract is agreed upon.
(b) If a new harness horse racing meeting licensee should replace the existing harness horse meeting licensee during any point in a calendar year and a new contract between the new harness horse meeting licensee and the horseman's association is not agreed upon before the start of the next racing season, then the last signed, executed and completed contract between the previous harness horse racing meeting licensee and the horseman's association shall remain in effect for the racing season only or until a new contract is agreed upon
Section 7. Notwithstanding section 2, a running horse racing meeting licensee, excluding a licensee in Berkshire county, which is conducting running horse racing meetings in connection with a state or county fair, may, with the permission of the board and subject to the approval of the city council and mayor or board of selectmen and town meeting of a city or town where the fair is located, and following a demonstration by said licensee of its ability to complete no less than 50 per cent of the live races performances approved by the board, simulcast unlimited thoroughbred horse races and the intrastate live races of the racing meeting licensees in the commonwealth on any day if such simulcast is conducted in connection with a state or county fair, for wagering purposes or otherwise, from pari-mutuel wagering facilities located within the commonwealth except in Berkshire county; but, if the board determines that a licensee cannot conduct 50 per cent of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the board may permit the licensee to continue simulcasting on that day despite the stoppage of the performances for said reasons. The total number of days of simulcast at the state or county fair, which is licensed by the board for live running horse racing meetings, shall not exceed the total number of days the live racing licensee is licensed to operate or 15 days, whichever is less. The licensee shall simulcast its live racing performances and receive a fee therefor of 11 per cent; provided, however, that said simulcast shall not be considered a live in-state racing performance for purposes of the fourth paragraph of section 2.
The racing meeting licensees conducting running horse racing meetings in connection with a state or county fair and simulcasting a live running horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks and a sum equal to 0.125 per cent into the host track trust fund known as the Running Horse Capital Improvements Trust Fund, under the direction and supervision of the state racing board members.
The board shall promulgate rules and regulations for the simulcast of pari-mutuel races in connection with state or county fairs.
Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by the patrons wagering on the speed or ability of any one running horse, also known as a straight wager, and, each such licensee shall return to winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also called an exotic wager, all sums so deposited as an award or dividend, less the breaks, and less an amount not to exceed 26 per cent of the total amount so deposited; provided, however, that a sum equal to 0.25 per cent of the total amount deposited on said exotic wagering pool shall be payable to the division of fairs of the commonwealth; provided, further, that the division of fairs may expend such funds without further appropriation and for such purposes as authorized under the provisions of paragraph (f) of section 2 of chapter 128; and provided, further, that such expenditures by the division of fairs shall not exceed $50,000 in any fiscal year.
The licensee shall pay to the board on behalf of the commonwealth on the day following each day of simulcasting, a sum equal to 0.375 per cent; a sum equal to 0.5 per cent to the breeders' association of the most recent live racing performance at the host track for the purposes of promoting the breeding of such animals in the commonwealth pursuant to law; a sum equal to 5 per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26 per cent withheld to the horse owners at the host track for the purses in accordance with the rules and established customs of conducting running horse racing meetings.
The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track; and 8.75 per cent of the straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners, of the most recent live racing performance at the host track, for purses, said percentages to be paid from the 19 per cent and 26 per cent withheld as provided in this section.
All simulcasts shall comply with the provisions of the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3001 et seq. or other applicable federal law; provided, however, that all simulcasts from states which have racing associations that do not require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen's Benevolent and Protective Association, or other entity deemed appropriate by the board, prior to being simulcast to any racing meeting licensee within the commonwealth; provided further, that if the association agrees to approve such simulcast for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.
Section 8. (a) Each gaming licensee within the commonwealth acting as a guest track and simulcasting a live running or harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers a sum equal to 0.125 per cent and the total sum of the breaks into the trust fund of the most recent live performance at the guest track under the direction and supervision of the state racing board members.
Each such gaming licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less such breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any one running horse, also known as a straight wager, and, each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks, and less an amount not to exceed 26 per cent of the total amount so deposited.
The licensee shall pay to the board on behalf of the commonwealth on the day following each day of simulcasting, a sum equal to 0.375 per cent; a sum equal to 0.5 per cent to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding in the commonwealth under law; a sum equal to 5 per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26 per cent withheld to the horse owners at the host track for purses in accordance with the rules and established customs of conducting running horse racing meetings or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations; said percentage to be paid from the 19 per cent and the 26 per cent withheld, as provided in this section.
The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track; 8.75 per cent of the straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the gaming licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations, said percentages to be paid from the 19 per cent and 26 per cent withheld as provided in this section.
(b) Each gaming licensee within the commonwealth acting as a guest track and simulcasting a live running or harness horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the sum of 0.125 per cent and the total sum of the such breaks into the trust fund of the most recent live performance at the guest track under the direction and supervision of the state racing board members.
Each licensee shall return to the winning patrons all sums so deposited less the breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that, from the total of the percentages withheld, the sum of 0.375 per cent shall be paid daily to the board on behalf of the commonwealth; the sum of 0.5 per cent shall be paid daily to the breeders' association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of the animals in the commonwealth under law; and the remaining percentages shall be retained by the gaming licensee as their commission; provided further, that the gaming licensee and the appropriate horseman's association representing the horse owners racing at the host race track shall contract between themselves a percentage of not less than 4 per cent and not more than 7.5 per cent of the remaining percentages to be paid to the horse owners.
Secti on 9. (a) Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track from outside the commonwealth shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed 19 per cent of the total amount so deposited or an amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that a sum equal to 0.375 per cent of the total amount wagered shall be paid daily to the board on behalf of the commonwealth; a sum equal to 0.5 per cent of the total amount wagered shall be paid to the Capital Improvement Trust Fund of the racing meeting licensee acting as a guest track under the direction and supervision of the state racing board members; and the remaining percentages shall be retained by the racing meeting licensee as their commission; provided, however, that not less than 3.5 per cent shall be paid to the purses of the racing meeting licensee acting as a guest track, and the remaining portion shall be applied to the expenses as the racing meeting licensee is required to pay under contracts negotiated with the host track.
(b) Each gaming licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track from outside the commonwealth shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed 19 per cent of the total amount so deposited or an amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that a sum equal to 0.375 per cent of the total amount wagered shall be paid daily to the board on behalf of the commonwealth; a sum equal to 0.5 per cent of the total amount wagered shall be paid to the Race Horse Development Fund under the direction and supervision of the board members; and the remaining percentages shall be retained by the gaming licensee as their commission; provided, however, that not less than 3.5 per cent shall be paid to for school aid to cities, towns, regional school districts, counties maintaining agricultural schools, independent vocational schools and independent agricultural and technical schools to be distributed under chapters 70 and 76 of the General Laws and section 3, and the remaining portion shall be applied to the expenses as the gaming licensee is required to pay under contracts negotiated with the host track.
Section 10. (a) The board may license an advance deposit wagering hub operator to conduct advance deposit wagering. The board shall impose an initial non-refundable application fee which of $2,500 which shall be paid by each applicant for such license or renewal thereof. Advance deposit wagering is prohibited and illegal unless it is conducted through an advance deposit wagering hub operator licensed by the board.
(b) A licensed advance deposit wagering hub operator:
(1) may only accept advance deposit wagering money for races conducted in compliance with the interstate horse racing act or by a licensed race meet;
(2) may not accept a wager in an amount in excess of the money on deposit in the account of a person who wishes to make the wager;
(3) may not rebate any money to a bettor based on a wager made under this chapter or chapter 23K ¼;
(4) may not allow a person under 18 years of age to open an account with the advance deposit wagering hub operator, make a wager from an account, or otherwise have access to an account;
(5) shall include a statement in any of its advertising for advance deposit wagering that a person under 18 years of age is not allowed to participate;
(6) shall verify the identification, residence, and age of each person seeking to open an advance deposit wagering account which shall not be assignable or otherwise transferable;
(7) shall utilize personal identification numbers and such other technologies as the board may specify to assure that only the account holder has access to the advance deposit wagering account;
(8) may require a minimum balance in an account, which the board shall prescribe by regulation;
(9) shall utilize appropriate totalizator and accounting controls to safeguard the transmission of wagering data, and keep a system of accounts to maintain a separate record of revenues and an accounting of costs relative to the operation of the hub operator;
(10) shall agree to pay to the board a source market fee in an amount equal to a percentage of the total amount wagered by Massachusetts residents from their accounts with the advance deposit wagering hub operator; and
(11) shall agree to a payment schedule of source market fees on or before the fifth business day of each month covering payments due for the period of the preceding calendar month.
(c) A licensed advance deposit wagering hub operator shall pay a source market fee equal to 5 per cent on each wager accepted from Massachusetts residents. Of the amounts collected under this subsection:
(1) 4 per cent shall be payable to for school aid to cities, towns, regional school districts, counties maintaining agricultural schools, independent vocational schools and independent agricultural and technical schools to be distributed under chapters 70 and 76 of the General Laws and section 3;
(2) 6 per cent shall be payable to the Race Horse Development Fund;
(3) 10 per cent shall be payable to the General Fund; and
(4) 80 per cent shall be payable to live race meet licensees based on each live race meet licensee's percentage of the total annual on-track pari-mutuel handle during the previous live race season. Prior to the beginning of each year's live race season, the correct percentage must be distributed by the board to each live race meet licensee to be used for race purses or other purposes that the board considers appropriate for the good of the horseracing industry; provided, however, that a minimum of 20 per cent shall be dedicated to race purses.
(d) Wagers placed with the operators shall result in the combination of all wagers placed with such operators with the wagering pools at the host track so as to produce common pari-mutuel betting pools for the calculation of odds and the determination of payouts from such pools, which payout shall be the same for all winning tickets, irrespective of whether a wager is placed at a host track or at an advance deposit wagering hub operator in compliance with this chapter and chapter 23K ¼.
(e) Each licensee shall, with respect to each betting account established with such licensee, make tax withholdings and provide tax and revenue reporting, all as otherwise required for wagers placed at a racing meeting licensee.
(f) The balance in any betting account maintained by a person licensed under this section, which account has been inactive for a period of 3 years, shall be presumed to be abandoned and paid to the state treasurer under the provisions of chapter 200A.
(g) The licensee may refuse to establish or maintain a betting account and may refuse deposits to any such account if the licensee deems such refusal appropriate; provided, however, that such licensee shall not establish or maintain a betting account for any person who has been banned or prohibited from entering the premises of a racing meeting licensee or gaming establishment in the commonwealth. The licensee may suspend or close any account at any time; provided, however, that the licensee shall return to the account holder any funds that are on deposit in the account at the time it is closed.
(h) No race shall be telecast live to a public location outside of a guest track if used in conjunction with the operation of the account wagering system in a manner that creates an off-track betting center. This section prohibits any contract or other agreement of a person licensed to conduct a running horse or harness horse racing meeting that facilitates or encourages off-track betting as well as any arrangement involving dedicated or direct telephone lines or other electronic connections between the licensee's facility and a public location outside the area of the licensee's facility at which live telecasts of races are presented. This section shall not prohibit television display of races at public locations when account wagering is incidental to the presentation of such races and the telecasting does not occur in conjunction with the operation of an off-track betting center within the commonwealth.
(i) Betting accounts authorized by this section shall be established, maintained and operated in accordance with rules and regulations promulgated by the board. The board shall conduct annual audits of each advance deposit wagering hub operator within 90 days of the end of each calendar year with respect to all monies attributable to account wagers. The board shall report the findings of each such audit within 30 days of the completion of the audit to the house and senate chairs of the joint committee on consumer protection and professional licensure.
(j) A licensee failing to comply with this section shall be punished by a fine of not more than $10,000 or by imprisonment in the house of correction for not more than two years, or both. A licensee failing to comply with the requirements of the section shall also be subject to revocation of their license and civil penalties imposed by the board of not more than $10,000 if, after notice and a hearing, the board finds that a violation has occurred.
Section 11. (a) The board shall have full power to promulgate rules, regulations, and conditions under which all running horse, harness horse, or greyhound racing simulcasts and simulcast and advance deposit wagers shall be conducted in the commonwealth.
(b) Notwithstanding the provisions of this section, the board may adopt emergency rules or regulations to protect the health or safety of the public, participants, or animals, or to insure the integrity of racing and pari-mutuel and advance deposit wagering; provided, however, that no emergency rule or regulation shall attempt to regulate the dates, manner of wagering, or economic terms or conditions of racing within the commonwealth; provided, further, that such emergency rules and regulations shall expire within 90 days of their promulgation.
SECTION 14. Section 2 of chapter 128 of the General Laws, as so appearing, is hereby amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) Promote, develop and encourage through the Massachusetts Thoroughbred Breeding Program, the breeding of thoroughbred horses by offering cash prizes to breeders of such horses in the following manner: The Massachusetts Thoroughbred Breeders Association, Inc. shall from time to time, after discussion with the chair of the state racing board, set the percentages for: (i) bonuses to be awarded to the breeder of a Massachusetts-bred thoroughbred horse of the purse monies won by such thoroughbred horse in a pari-mutuel running horse race if such horse finishes first, second, third, fourth or fifth; (ii) incentives to the owner of the stallion, at the time of service to the dam of such purse winner; provided, however, that (A) the stallion shall have been registered by February 1 and stood the entire breeding season for that year; (B) the horse shall have finished first, second, third, fourth or fifth; and (C) the stallion shall be registered with the Massachusetts Thoroughbred Breeders Association, Inc. and shall not be registered to stand in any other state that year; and (iii) incentives for the purse monies won by such thoroughbred horse in any unrestricted or restricted pari-mutuel running horse race held within or outside the commonwealth to the owner of a Massachusetts-bred and accredited horse if such horse finishes first, second, third, fourth or fifth.
The Massachusetts Thoroughbred Breeders Association, Inc. may pay incentives for races to be limited to Massachusetts-bred and accredited thoroughbred race horses from the Massachusetts thoroughbred breeding program at licensed pari-mutuel race meetings authorized by the state racing board and after discussion with the chair of said board, and to pay cash incentives to encourage breeding in Massachusetts. Such races may be betting or non-betting races and may be scheduled races by the licensee conducting the racing meeting. Purse monies paid by the association under this section shall be in such amounts as the association shall determine and may be the sole cash purse for such races or may be supplemental to the cash purses established by the licensee; provided, however, that such discretion shall include the discretion to set an overall cap on awards earned.
No person shall be eligible for the prizes provided herein unless:
(i) the foal of a thoroughbred mare that drops such foal in the commonwealth and is bred back to a Massachusetts-registered stallion shall be deemed Massachusetts bred;
(ii) the foal of a thoroughbred mare who resides in the commonwealth continuously for at least 90 days, including foaling and foals in the commonwealth, is Massachusetts-bred;
(iii) the foal that is raised in the commonwealth for six months continuously prior to December 31 of its two-year old year is a Massachusetts-accredited horse; or
(iv) in the case of clause (i),(ii) or (iii), each thoroughbred foal dropped or raised in the commonwealth is registered with the Jockey Club and the Massachusetts Thoroughbred Breeders Association, Inc.; and
(v) prior to the first day of September of each year, each person standing a thoroughbred stallion in the commonwealth at either private or public service shall file with the Massachusetts Thoroughbred Breeders Association, Inc.: (A) a list of all thoroughbred mares bred to such stallion in that year; and (B) a verified statement representing that said stallion stood the entire breeding season in the commonwealth.
A Massachusetts-accredited thoroughbred shall be eligible for any Massachusetts bred race, except for Massachusetts restricted stakes races. For Massachusetts bred stake races, Massachusetts-accredited horses may enter to fill the race after all Massachusetts-bred horses have already been entered in the race. Full race shall be determined by Massachusetts Thoroughbred Breeders Association, Inc. and the hosting track for the race.
Prior to the first day of September annually, each person raising a weanling or yearling in the commonwealth for six months prior to December 31 of the horse’s two-year old year shall file with the Massachusetts Thoroughbred Breeders Association, Inc. a verified statement that it is raising the horse in the commonwealth and the location of the horse.
The Massachusetts Thoroughbred Breeders Association, Inc. may pay foaling bonuses to the owner of any mare that foals within the commonwealth. To be eligible for such bonus, prior to foaling, the owner of such mare shall file with the Massachusetts Thoroughbred Breeders Association, Inc. a verified statement that the mare is in foal, the expected due date and the location of the mare.
The Massachusetts Thoroughbred Breeders Association, Inc. may expend up to 12 per cent of the amount received each fiscal year for the program for advertising, marketing, promotion, and administration of the thoroughbred breeding program.
The state auditor shall annually audit the books of the Massachusetts Thoroughbred Breeders Association Inc., to ensure compliance with this section.
SECTION 15. Said section 2 of said chapter 128 of the General Laws, as so appearing, is hereby further amended by striking out subsection (j) and inserting in place thereof the following subsection:-
(j) Promote, develop and encourage, through the Massachusetts Standardbred Breeding Program, the breeding of standardbred horses in the commonwealth by offering cash prizes to breeders of such horses. The representative organization of standardbred breeders and owners approved by the state racing board shall, from time to time in consultation with the chair of the racing board and the commissioner of the department of food and agriculture, set the percentages for purses to be awarded to the breeder of a Massachusetts standardbred horse.
The representative organization of standardbred breeders and owners approved by the state racing commission may pay cash purses and stallion awards for stakes races limited to Massachusetts bred standardbred race horses and qualified Massachusetts stallions from the Massachusetts standardbred breeding program at licensed pari-mutuel racing meetings authorized by the state racing board. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. All races for the standardbred breeding program shall be held at a licensed pari-mutuel facility. Purse monies and stallion awards paid by the representative organization of standardbred breeders and owners approved by the state racing commission may be paid in such amounts as the representative organization shall determine and may be either the sole cash purse for such races or may be supplemental to the cash purses established by the licensee of the pari-mutuel facility.
The standardbred horses eligible to participate in the purses provided herein shall be limited to those of racing ages 2 and 3 and shall have met the following requirements:
(1) the qualifying standardbred horses shall have been sired by a Massachusetts registered stallion on file with the department of food and agriculture; provided, however, that the stallion shall have stood the entire breeding season of February 1 to July 15, inclusive, in the commonwealth in the year any such eligible foal was conceived; or
(2) the foal of a standardbred mare that drops the foal in the commonwealth and is bred back to a Massachusetts registered stallion; or the foal of a standardbred mare that resides in the commonwealth from December 1 of the year prior to foaling and continues such residence until foaling and foals in the commonwealth;
(3) in either the case of subparagraph (1) or (2), each standardbred foal dropped in the commonwealth shall be registered with the United States Trotting Association and the department of food and agriculture.
Prior to October 1 of each year, each breeder standing a standardbred stallion in the commonwealth at either private or public service shall file with the department of food and agriculture a list of all standardbred mares bred to such stallion in that year and a verified statement representing that the stallion stood the entire breeding season in the commonwealth.
The representative organization may expend up to 8 per cent of the amount received each fiscal year for the program for advertising, marketing, promotion and administration of the standardbred breeding program in the commonwealth.
The state auditor shall annually audit the books of the qualified organization to ensure compliance with this subsection.
SECTIO N 16. Section 17A of chapter 271 of the General Laws, as amended by section 18 of chapter 173 of the acts of 2022,, is hereby further amended by striking out the words “section 5C of chapter 128A”, and inserting in place thereof the following words:- section 10 of chapter 23K ½.
SECTION 17. Section 12A of chapter 494 of the acts of 1978 is hereby repealed.
SECTION 18. Section 13 of said chapter 494 of the acts of 1978 is hereby repealed.
SECTION 19. Section 15 of said chapter 494 of the acts of 1978 is hereby repealed.
SECTION 20. Section 9 of chapter 277 of the acts of 1986 is hereby repealed.
SECTION 21. Sections 3 through 5, inclusive, of chapter 114 of the actions of 1991 are hereby repealed.
SECTION 22. Section 92 of chapter 194 of the acts of 2011 is hereby repealed.
SECT ION 23. Section 17 of chapter 128 of the acts of 2022 is hereby repealed.
SECTION 24. (a) Notwithstanding the live racing takeout structure under subsection (c) of section 9 of chapter 23K ¼ of the General Laws or the simulcast racing takeout structures under sections 5, 5A and 9 of chapter 23K ½, for not more than 5 years, a new running race horse meeting licensee conducting a running horse racing meeting shall return to the winning patrons wagering on the speed or ability of any one running horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any one running horse; and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 26 per cent of the total amount deposited. Such licensee shall:
(1) pay to the board on the day following each day of such running horse racing meeting a sum equal to 0.75 per cent of the total amount deposited on the preceding day by patrons so wagering at the meeting, the percentage to be paid from the 19 per cent or 26 per cent withheld, as provided in this section, from the total amount wagered;
(2) pay to the Massachusetts Thoroughbred Breeders Association, Inc. on the day following each day of such running horse racing meeting a sum equal to 1 per cent of the total amount deposited by the patrons, less the breaks, and taken from the 19 per cent withheld and from the 26 per cent withheld from exotic wagers, the monies to be used for the purposes of subsection (g) of section 2 of chapter 128;
(3) allocate from the total amount deposited daily by the patrons wagering at the meeting a sum equal to 8.5 per cent from the 19 per cent withheld and a sum equal to 9.5 per cent from the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses to the horse owners in accordance with the rules and established customs of conducting running horse racing meetings and, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations, and the monies shall be in addition to monies deposited into a separate purse account as simulcast premiums received pursuant to section 2 of chapter 23K ½;
(4) pay to Tufts University School of Veterinary Medicine on the day following each day of such running horse racing meeting a sum equal to 0.5 per cent of the total amount deposited by the patrons, less the breaks, from the 26 per cent withheld from exotic wagers, to be used for equine research scholarships and loans.
Each such licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from the total amounts wagered less the amounts required to be paid under clauses (1) to (6), inclusive.
(b) Each such licensee acting as a guest track and simulcasting a live running or harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers a sum equal to 0.125 per cent and the total sum of the breaks into the trust fund of the most recent live performance at the guest track under the direction and supervision of the state racing board members.
Each such licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less such breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any one running horse, also known as a straight wager, and, each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks, and less an amount not to exceed 26 per cent of the total amount so deposited.
The licensee shall pay to the board on behalf of the commonwealth on the day following each day of simulcasting, a sum equal to 0.375 per cent; a sum equal to 0.5 per cent to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding in the commonwealth under law; a sum equal to 5 per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26 per cent withheld to the horse owners at the host track for purses in accordance with the rules and established customs of conducting running horse racing meetings or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations; said percentage to be paid from the 19 per cent and the 26 per cent withheld, as provided in this section.
The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track; 8.75 per cent of the straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations, said percentages to be paid from the 19 per cent and 26 per cent withheld as provided in this section.
(c) Each such licensee acting as a guest track and simulcasting a live running or harness horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the sum of 0.125 per cent and the total sum of the such breaks into the trust fund of the most recent live performance at the guest track under the direction and supervision of the state racing board members.
Each licensee shall return to the winning patrons all sums so deposited less the breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that, from the total of the percentages withheld, the sum of 0.375 per cent shall be paid daily to the board on behalf of the commonwealth; the sum of 0.5 per cent shall be paid daily to the breeders' association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of the animals in the commonwealth under law; and the remaining percentages shall be retained by the licensee as their commission.
(d) Each such licensee acting as a guest track and simulcasting a live greyhound race from a host track from outside the commonwealth shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed 19 per cent of the total amount so deposited or an amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that a sum equal to 0.375 per cent of the total amount wagered shall be paid daily to the board on behalf of the commonwealth; and the remaining percentages shall be retained by the racing meeting licensee as their commission; provided, however, that not less than 3.5 per cent shall be paid to the purses of the racing meeting licensee acting as a guest track, and the remaining portion shall be applied to the expenses as the racing meeting licensee is required to pay under contracts negotiated with the host track.
SECTION 25. (a) Notwithstanding any general or special law to the contrary, the harness race horse meeting licensee located in Norfolk county licensed to conduct live racing under chapter 128A and simulcast wagering under chapter 128C in calendar year 2020 shall not be subject to the provisions of section 5 of chapter 23K ¼ except for at any time that said licensee ceases live racing operations at the licensee’s location.
(b) The state racing board shall convert said licensee’s live racing license issued under chapter 128A to a live racing license issued under chapter 23K ¼, and shall convert said licensee’s simulcast wagering license issued under chapter 128C to a simulcast wagering license issued under chapter 23K ½ for the remaining duration of time as such chapter 128A and 128C licenses, respectively.
SECTION 26. (a) Notwithstanding any general or special law to the contrary, as of the effective date of this section, no person shall be required to pay any money into the Running Horse Capital Improvements Trust Fund and the Running Horse Promotional Trust Fund, each established pursuant to section 11 of chapter 494 of the acts of 1978, or into the Harness Horse Capital Improvement Trust Fund and the Harness Horse Promotional Trust Fund, each established pursuant to section 12 of said chapter 494, or into the Greyhound Capital Improvements Trust Fund and the Greyhound Promotional Trust Fund, each established pursuant to section 12A of said chapter 494, all of which funds are referred to in this section as the “Racing Trust Funds.” Any funds that were previously paid into the Racing Trust Funds and had not been expended prior to the effective date of this section shall be paid by the state racing board, without condition or restriction and within 30 days of the effectiveness of this section, to the Race Horse Development Fund established under section 60 of chapter 23K.
(b) Once all funds in a Racing Trust Fund shall have been so paid, the Racing Trust Funds shall be dissolved.
SECTION 27. Notwithstanding any general or special law to the contrary, any person authorized at any point in 2021 prior to the effective date of this Act by any general or special law to conduct horse racing, simulcasting, or pari-mutuel wagering including advance deposit wagering under chapter 128A or chapter 128C shall remain authorized until July 31, 2024, to conduct horse racing, simulcasting, or pari-mutuel wagering on the same terms and conditions in effect as of July 1, 2019 except for any term or condition that terminates such authorization prior to July 31, 2024.
SECTION 28. Notwithstanding section 2 of chapter 23K ¼ of the General Laws and sections 1, 2 and 7 of chapter 23K ½ of the General Laws or any other general or special law, rule or regulation to the contrary, the greyhound meeting licensee located in Bristol county and the greyhound meeting licensee located in Suffolk county licensed to conduct live racing under chapter 128A and simulcast wagering under chapter 128C in calendar year 2009, may be authorized by the state racing board to conduct simulcast wagering under said chapter 23K ½ until July 31, 2024; provided, however, that the days between January 1 and December 31 of each year shall be dark days under said chapter 23K ½ and the licensees shall continue to be precluded from conducting live racing during that period and as provided in chapter 388 of the acts of 2008; provided further, that simulcasts shall be subject to section 7 of chapter 23K; provided further, that all simulcasts shall comply with the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3001 et seq. or other applicable federal law; provided further, that all simulcasts from states which have racing associations that do not require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen's Benevolent & Protective Association, or other entity deemed appropriate by the board, prior to being simulcast to a racing meeting licensee within the commonwealth; and provided further, that if the association agrees to approve the simulcast for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.
SECTION 29. Section 14 is hereby repealed.
SECTION 30. Section 29 shall take effect 6 years after the issuance of a new running race horse license by the state racing board.
SECTION 31. Notwithstanding any general or special law or rule or regulation to the contrary, any general and special laws outside of this Act, licenses, authorizations or approvals relative to horse or dog racing, simulcasting or wagering thereof in effect on or before July 31, 2023 are hereby repealed after affirmative review by the state racing board.
SECTION 32. This act shall take effect on August 1, 2023.
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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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[]
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An Act relative to line of duty injury benefits for public employees
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S1720
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SD595
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T13:03:19.693'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T13:03:19.6933333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-10T11:25:06.79'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:10:42.11'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1720/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1720) of Marc R. Pacheco and Paul McMurtry for legislation relative to line of duty injury benefits for public employees. Public Service.
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Section 58 of Chapter 30 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 19, after the word “custody,” the following words:- or receives bodily injuries from acts of violence by a civilian present on the grounds of a correctional institution or state public health or human services facility;
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An Act exempting certain positions in the city of Taunton from civil service status
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S1721
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SD1446
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T22:19:47.073'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T22:19:47.0733333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-19T16:21:47.5833333'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-19T16:21:47.5833333'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-01-18T08:26:00.3066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1721/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1721) of Marc R. Pacheco, Norman J. Orrall, Carol A. Doherty and Patricia A. Haddad (with approval of the mayor and city council) for legislation to exempt certain positions in the city of Taunton from civil service status. Public Service. [Local Approval Received.]
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SECTION 1. Notwithstanding any general or special law to the contrary, all cafeteria positions in the school department in the city of Taunton, including, but not limited to, senior cook, cook, helper, cashier, satellite lunch room supervisor, head start cook/supervisor, production manager and head cashier, shall be exempt from chapter 31 of the General Laws.
SECTION 2. The school department of the city of Taunton shall report on the hiring procedures, including required level of experience, for cafeteria positions, including, but not limited to, senior cook, cook, helper, cashier, satellite lunch room supervisor, head start cook/supervisor, production manager and head cashier, in the city to the joint committee on public service not more than 1 year from the effective date of this act.
SECTION 3. Section 1 shall apply to employees in the cafeteria positions subject to said section 1 who were hired on July 1, 2019 and thereafter.
SECTION 4. Section 2 shall take effect upon its passage.
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[{'Description': 'SD1446 -- Taunton', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=14996&title=SD1446%20--%20Taunton'}]
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[]
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An Act exempting all positions in the police department of the town of Carver from the civil service law
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S1722
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SD1447
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T22:17:07.243'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T22:17:07.2433333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-19T16:21:53.7366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1722/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1722) of Marc R. Pacheco and Susan Williams Gifford (by vote of the town) for legislation to exempt all positions in the police department of the town of Carver from the civil service law. Public Service. [Local Approval Received.]
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SECTION 1. Notwithstanding any general or special law to the contrary, all positions in the police department of the town of Carver shall be exempt from chapter 31 of the General Laws.
SECTION 2. This act shall not impair the civil service status of a person holding a position described in section 1 on the effective date of this act.
SECTION 3. Notwithstanding the provisions of Section 2, no appointments or promotions made after the effective date of this act will be governed in any way by chapter 31 of the General Laws.
SECTION 4. This act shall take effect upon its passage.
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[{'Description': 'SD1447 -- Carver', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16102&title=SD1447%20--%20Carver'}]
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[]
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An Act authorizing independent retirement boards to divest from fossil fuel companies
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S1723
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SD1747
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T20:30:53.797'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T20:30:53.7966667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T18:12:08.48'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:12:08.48'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-06-22T16:45:47.6433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1723/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 1723) of Marc R. Pacheco for legislation to authorize independent retirement boards to divest from fossil fuel companies. Public Service.
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SECTION 1. For the purposes of this section, an “independent retirement system” shall mean any Massachusetts public pension system under the oversight, monitoring, and regulation of the public employee retirement administration commission, except the state employees retirement system, the state teachers’ retirement system, and the State-Boston retirement system in so far as the assets attributable to teachers who are members of that system; and a “fossil fuel company” shall mean a company identified by a Global Industry Classification Standard code in one of the following sectors: (1) coal and consumable fuels; (2) integrated oil and gas; or (3) oil and gas exploration and production.
Notwithstanding any general or special law to the contrary, any independent retirement system may, in accordance with the procurement process under section 23B of chapter 32 of the General Laws, divest in whole or in part from any investment in fossil fuel companies, the assets of which remain under the direct control and management of the independent retirement system, and are not separately managed or invested by the Pension Reserves Investment Management Board. In accordance with this section, the board of an independent retirement system may, after following the procurement process under said section 23B of said chapter 32, invest in index funds or other investment vehicles that may not include fossil fuel companies.
SECTION 2. Notwithstanding any general or special law to the contrary, with respect to actions taken in compliance with this act, the public fund shall be exempt from any conflicting statutory or common law obligations, including any such obligations with respect to choice of asset managers, investment funds or investments for the public fund’s securities portfolios and all good faith determinations regarding companies as required by this act
SECTION 3. This act shall take effect upon its passage.
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An Act relative to non-public school service
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S1724
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SD558
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T16:16:53.393'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T16:16:53.3933333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:17:27.1333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1724/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1724) of Michael F. Rush and Paul McMurtry for legislation relative to creditable service for retirement purposes for non-public school service. Public Service.
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SECTION 1. Section 1 of chapter 32 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, after the definition of “Membership service,” the following definition:-
“Nonpublic school”, an institution, not operated by the federal, state or local governments or agencies thereof, the primary function of which is (a) to educate students in a course of study designed to lead to the award of a diploma or its equivalent; or (b) to provide a college-level course of study designed to lead to the award of a college or university degree.
SECTION 2. Section 3 of said chapter 32, as so appearing, is hereby amended by inserting after subdivision (4A) the following subdivision:-
(4B) Credit for Teachers for Nonpublic School Service after January 1, 1973. Any member in service, or any member inactive on authorized leave of absence of the teachers’ retirement system, the state retirement system or as a teacher in the State–Boston retirement system, who holds a certificate issued by the department of education or is exempted from the requirement of certification, or any member who is employed in a public institution of higher education as a faculty member or professional employee not under the jurisdiction of the human resources division within the executive office for administration and finance classification system, and who was previously employed as a teacher in a nonpublic school may receive creditable service as if that service had been rendered in a public school of the commonwealth or public institution of higher education and the member had been a member of the teachers’ retirement system, the state retirement system, or the State-Boston retirement system during the period in which the service was rendered. No credit shall be allowed until the member has paid into the annuity savings fund of the system before any retirement allowance becomes effective for the member, in 1 sum, or in installments, upon the terms and conditions that the board prescribes, makeup payments of an amount equal to 10 percent of the regular annual compensation of the member as of the member’s most recent date of entry into membership in the teachers’ retirement system, the state retirement system, or as a teacher in the State-Boston retirement system, for each year of service purchased plus buyback interest on that amount. No credit shall be allowed and no payment shall be accepted under this paragraph until the member has completed 10 or more years of membership service, and no credit shall be allowed and no payment shall be accepted for any service on account of which the member shall be entitled to receive a retirement allowance or other similar payment from any other nonpublic school system. No credit shall be allowed if the member has received credit for 3 or more years of nonpublic school service under subdivision (4A) of this section or paragraph (p) of subdivision (1) of section 4. The creditable service allowable under this subdivision for any member shall not exceed 4 years. Members in service of a retirement system who make application for this creditable service shall be notified by the retirement board of their eligibility for this creditable service, and, if they are eligible, shall also be notified by the retirement board that they have the following options: (1) to purchase the service in a lump sum within 180 days after the notice, or (2) to enter into an installment agreement within 180 days after the notice to pay for the creditable service.
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An Act relative to veterans creditable service
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S1725
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SD559
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T16:17:21.843'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T16:17:21.8433333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:17:19.3066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1725/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1725) of Michael F. Rush and Paul McMurtry for legislation relative to veterans creditable service. Public Service.
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SECTION 1. Subsection (1)(h) of section 4 of chapter 32 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end thereof the following:-
Notwithstanding the provisions of this chapter or any other general or special law, rule or regulation to the contrary, a member in service of a retirement system as defined in section one who is a veteran shall be credited with all periods of service for which the veteran was previously employed in any governmental unit. Such service shall be creditable service for any period or periods of prior work in a governmental unit and shall be given full credit for retirement purposes. Such creditable service shall not be limited if the retirement system in which the veteran is currently a member in service differs from the governmental unit in which he or she previously became a member. Such creditable service shall not be limited by years of membership service.
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An Act relative to surviving family members of public emergency medical technicians
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S1726
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SD561
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T16:18:37.177'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T16:18:37.1766667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:17:12.32'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1726/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1726) of Michael F. Rush and Paul McMurtry for legislation relative to surviving family of emergency medical technicians. Public Service.
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SECTION 1. Section 100 of chapter 32 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “death,” in line 15 the following words:-
or if a public emergency medical technician while in the performance of his duties and as the result of an assault on his person or as a result of an accident while responding to or returning from any emergency or as the result of an accident involving an EMS department vehicle, which the public emergency medical technician is operating or in which he is riding or while at the scene of any emergency is killed or sustains injuries while on duty which results in his death,
SECTION 2. Section 100 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 16-17, the words “firefighter, police officer or corrections officer” and inserting in place thereof the following words:_
firefighter, police officer, corrections officer, or public emergency medical technician
SECTION 3. Section 100 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 18-19, the words “firefighter, police officer or corrections officer” and inserting in place thereof the following words:-
firefighter, police officer, corrections officer, or public emergency medical technician
SECTION 4. Section 100 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 22-23, the words “firefighter, police officer or corrections officer” and inserting in place thereof the following words:-
firefighter, police officer, corrections officer, or public emergency medical technician
SECTION 5. Section 100 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 26, the words “firefighter, police officer or corrections officer” and inserting in place thereof the following words:-
firefighter, police officer, corrections officer, or public emergency medical technician
SECTION 6. Section 100 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 45-46, the words “firefighter, police officer or corrections officer” and inserting in place thereof the following words:-
firefighter, police officer, corrections officer, or public emergency medical technician
SECTION 7. Section 100 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 53, the words “firefighter, police officer or corrections officer” and inserting in place thereof the following words:-
firefighter, police officer, corrections officer, or public emergency medical technician
SECTION 8. Section 100 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 67, the words “firefighter, police officer or corrections officer” and inserting in place thereof the following words:-
firefighter, police officer, corrections officer, or public emergency medical technician
SECTION 9. Section 100 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 75-76, the words “firefighter, police officer or corrections officer” and inserting in place thereof the following words:-
firefighter, police officer, corrections officer, or public emergency medical technician
SECTION 10. Section 100 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 79-80, the words “firefighter, police officer or corrections officer” and inserting in place thereof the following words:-
firefighter, police officer, corrections officer, or public emergency medical technician
SECTION 11. Section 100 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 88-89, the words “firefighter, police officer or corrections officer” and inserting in place thereof the following words:-
firefighter, police officer, corrections officer, or public emergency medical technician
SECTION 12. This act shall take effect upon its passage.
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An Act relative to the composition of the board of directors of the Massachusetts Department of Transportation
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S1727
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SD563
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T16:19:56.913'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T16:19:56.9133333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:47:53.7833333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-13T13:56:15.8466667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-13T13:55:43.2633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1727/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1727) of Michael F. Rush, Paul McMurtry, Lydia Edwards and Sal N. DiDomenico for legislation relative to the composition of the board of directors of the Massachusetts Department of Transportation. Public Service.
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SECTION 1. Section 2 of Chapter 6C of the General Laws, as amended by section 10 of chapter 46 of the acts of 2015, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:
(b) The department shall be governed and its corporate powers shall be exercised by a board of directors. The board shall consist of 12 members, including the secretary of transportation, who shall serve ex officio as chair. The governor shall appoint 10 members: 1 of whom shall be a rider, as defined in section 1 of chapter 161A; 1 of whom shall have experience in the field of public or private finance; 1 of whom shall have experience in transportation planning and policy; 1 of whom shall have experience in civil engineering; 1 of whom shall have experience in the field of public or private finance or transportation planning and policy; 1 of whom shall have municipal government experience in 1 of the fourteen cities and towns, as defined in said section 1 of said chapter 161A; 1 of whom shall have municipal government experience in 1 of the 51 cities and towns, as defined in said section 1 of said chapter 161A; 1 of whom shall have municipal government experience in 1 of the other served communities, as defined in said section 1 of said chapter 161A; 1 of whom shall have municipal government experience in a city or town not part of the area constituting the authority, as defined in said section 1 of said chapter 161A; and 1 of whom shall be a representative of a labor organization selected from a list of 3 nominees provided by the Massachusetts State Labor Council, AFL-CIO. The mayor of the city of Boston shall appoint 1 member who shall have experience in transportation planning and policy. Four of the members, other than the chair, shall serve for terms that are coterminous with the governor; provided, however, that at least 3 of the coterminous members shall have experience in transportation policy, public finance or civil engineering and at least 1 of the coterminous members shall be a rider. The 6 remaining members appointed by the governor and the 1 remaining member appointed by the mayor of the city of Boston shall serve for terms of 4 years.
Not more than 7 of the directors, not including the chair, shall be members of the same political party. The directors, with the exception of the chair, shall serve without compensation but may be reimbursed for actual and necessary expenses reasonably incurred in the performance of their duties, including reimbursement for reasonable travel; provided, however, that reimbursement shall not exceed $3,000 annually per director. A person appointed to fill a vacancy in the board of directors shall serve only for the unexpired term of the former member. A director shall be eligible for reappointment. Any director appointed by the governor may be removed from his appointment by the governor for cause. Any director appointed by the mayor of the city of Boston may be removed from his appointment by the mayor of the city of Boston for cause. The board shall annually elect 1 of the directors to serve as vice-chair.
SECTION 2. This act shall take effect immediately upon passage.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}]
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An Act relative to disability retirees and restoration to service
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S1728
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SD564
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T16:27:47.333'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T16:27:47.3333333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:47:56.9233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1728/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1728) of Michael F. Rush and Paul McMurtry for legislation relative to disability retirees and restoration to service. Public Service.
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Section 1.Paragraph (a) of Subdivision (1) of Section 8 of Chapter 32 is hereby amended by striking in line 6 and line 9 the phrase “ the same department” and inserting in place thereof : “a retirement system”.
Said section is further amended by adding after the word “job” in line 25: “or similar position”.
Said section is further amended by striking in line 63 the phrase “the same department” and inserting in place thereof: “a retirement system”
Said section is further amended by inserting the following new paragraph after the first paragraph:
During the regular periodic review process done pursuant to this section a member may request that, in addition to being evaluated for a return to his former position, he be evaluated for a specific identified position other than the position from which he retired. Said evaluation will be conducted in the same manner as all other examinations provided for in this section. If the member is found able to perform the essential duties of the identified position he shall be permitted to return to active service in said position and his pension provided for in section six or seven shall cease upon his return to service.
Section 2. Paragraph (b) of Subdivision (2) of Section 8 of Chapter 32 is hereby amended by adding the following sentences:
If the member returns to service, within a different retirement system than that from which they retired, the original system will provide creditable service for any period of disability prior to reinstatement to service in the new system; provided that if the member is subsequently retired for a disability as a result of the injury for which such member was previously retired, the original retirement system will be assessed a portion of the disability pension pursuant to the provisions of subdivision (5) of section seven.
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An Act relative to veterans service officers retirement benefits
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S1729
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SD565
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T16:28:17.557'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T16:28:17.5566667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:17:05.43'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-10T11:55:34.7033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1729/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1729) of Michael F. Rush and Paul McMurtry for legislation relative to veterans service officers retirement benefits. Public Service.
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Section 3 of Chapter 32 of the General Laws, as appearing in the 2018 Official Edition is hereby amended by inserting, in Group 2, after the words “employees of Cushing hospital” the following:- “Veterans agent or part time Veterans agent as defined by Section 1 MGL, Ch. 115”.
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[]
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An Act to establish licensing standards for drain cleaners
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S173
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SD1300
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-18T19:43:00.807'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-18T19:43:00.8066667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T18:58:10.11'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S173/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 173) of Barry R. Finegold and Tackey Chan for legislation to establish licensing standards for drain cleaners. Consumer Protection and Professional Licensure.
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SECTION 1. Section 1 of chapter 142 of the General Laws is hereby amended by inserting after the definition of “Certificate of a gas fitting corporation or certificate of a gas fitting partnership” the following 2 definitions:-
“Drain cleaner”, a person who himself does any work in drain cleaning as certified under section 3C.
“Drain cleaning”, the removing of stoppages or obstructions in a plumbing drainage system.
SECTION 2. Chapter 142 is hereby further amended by inserting after section 3B the following new section:-
Section 3C. No drain cleaner shall engage in the practice of drain cleaning without completing the necessary education requirements and being certified by the board. A drain cleaner shall demonstrate that he or she has completed at least 100 hours of drain cleaning work under the supervision of an existing drain cleaning business incorporated with the state prior to January 1, 2025, or a licensed plumber. Drain cleaners shall limit their drain cleaning work to pipes connected to fixtures inside a structure, which shall include, but not be limited to sinks, bathtubs, toilets, cleanouts with a removable plug or cap, and removable fixture traps. Drain cleaners shall not install, destroy or cut any pipes. The fee for certification shall not be more than fifty dollars every two years to be paid at the time of certification renewal.
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An Act relative to Massachusetts certified emergency telecommunicators
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S1730
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SD573
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-13T14:35:58.313'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-13T14:35:58.3133333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:48:00.2533333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T09:45:04.55'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T15:52:47.13'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-02-23T10:13:23.9666667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-27T11:24:48.5933333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-27T11:24:27.03'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-01T12:22:09.5633333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T10:09:41.0433333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-04-03T14:01:32.1333333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-04-13T13:01:00.3633333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-06-21T12:48:14.62'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1730/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1730) of Michael F. Rush, Paul McMurtry, Joanne M. Comerford, Bruce E. Tarr and other members of the General Court for legislation to include certain certified emergency telecommunicators in Group 2 of the contributory retirement system for public employees. Public Service.
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Chapter 32, Section 3, paragraph G, “Group 2” of the Massachusetts General Laws is hereby amended by inserting in line 283 after the words “Cushing hospital” the following:-
"; and all full time Dispatchers, Dispatch Supervisors, Communications Center Directors or Communications Chiefs certified by the Commonwealth of Massachusetts State 911 Department as Certified Telecommunicators as defined by MA 560 CMR 5.04".
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An Act clarifying military buyback options
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S1731
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SD814
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-18T14:28:27.547'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-18T14:28:27.5466667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:09:10.5766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1731/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1731) of Michael F. Rush and Paul McMurtry for legislation to clarify military buyback options. Public Service.
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SECTION 1. Section 3 of Chapter 71 of the Acts of 1996, as most recently amended by chapter 468 of the acts of 2002, is hereby amended by striking the second paragraph.
SECTION 2. Paragraph (h) of subdivision (1) of section 4 of chapter 32 of the General Laws is hereby amended by inserting the following sentence at the end of the fourth paragraph:- Members in service of a retirement system eligible for such creditable service under this paragraph shall make application for such creditable service and complete all makeup payments while a member in service and before the date any retirement allowance becomes effective.
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An Act relative to Boston school police retirement
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S1732
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SD1847
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-20T10:08:32.953'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-20T10:08:32.9533333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:48:16.6566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1732/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1732) of Michael F. Rush and Paul McMurtry for legislation relative to Boston school police retirement. Public Service.
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SECTION 1. Group 2 of paragraph (g) of subdivision 2 of section 3 of chapter 32 of the General Laws, as amended by chapter 221 of the acts of 2018, is hereby amended by inserting after the words “services having police powers;” the following words:- Boston school police officers;.
SECTION 2. This act shall take effect upon its passage.
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An Act relative to the membership of the PRIM board
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S1733
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SD2311
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-20T15:07:45.363'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-20T15:07:45.3633333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:48:26.41'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1733/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 1733) of Michael F. Rush and Paul McMurtry for legislation relative to the membership of the PRIM board. Public Service.
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Section 23 of chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 201, after the words “representative of a public safety union” the following words:- from a list of 3 candidates nominated by the executive board of the Massachusetts Association of Contributory Retirement Systems, Inc. who shall be a member of the state employees’ retirement system, the teachers’ retirement system, or any other retirement system that has been vested in the PRIT Fund.
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An Act providing the next of kin of a police officer or firefighter killed in the line of duty with the flags of the Commonwealth and the United States
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S1734
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SD121
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:41:21.687'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:41:21.6866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1734/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1734) of Bruce E. Tarr for legislation to provide the next of kin of a police officer or firefighter killed in the line of duty with the flags of the Commonwealth and the United States. Public Service.
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SECTION 1. Chapter 32 of the General Laws is hereby amended by inserting after section 89E the following section:-
Section 89F. If a sworn police officer of a police department of city or town, a sworn police officer of the department of state police or a firefighter for a fire department of a city or town, is killed, or dies from injuries received, or dies as a natural or proximate result of undergoing a hazard peculiar to his or her employment, while in the performance of his or her duty, their next of kin shall receive a flag of the commonwealth of Massachusetts and a flag of the United States during the memorial service, the cost of which shall be borne by the commonwealth.
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An Act relative to the retirement benefits of employees of the Cape Ann Transportation Authority
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S1735
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SD412
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:34:15.06'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:34:15.06'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1735/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1735) of Bruce E. Tarr for legislation relative to the retirement benefits of employees of the Cape Ann Transportation Authority. Public Service.
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SECTION 1. Notwithstanding the provisions of paragraph (1) (b) of section four of chapter thirty-two, or any other general or special law to the contrary, as of July 1, 2022 employees of the Cape Ann Transportation Authority shall be entitled to purchase creditable service for periods of employment as provided in paragraph (1) (b), which purchase shall be subject paragraph (2) (c) of section four of chapter thirty-two.
SECTION 2. This act shall become effective upon its passage.
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An Act relative to disability pensions for public safety employees who are victims of violence
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S1736
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SD587
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T12:25:07.083'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T12:25:07.0833333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-23T09:54:01.8166667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-27T16:42:10.3166667'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-03-31T13:23:44.64'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-09-14T17:02:52.2566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1736/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1736) of Bruce E. Tarr for legislation relative to disability pensions for public safety employees who are victims of violence. Public Service.
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SECTION 1. Section 1 of chapter 32 of the General Laws, as appearing in the 2016 Official Addition, is hereby amended by inserting after the word “inclusive”, in line 599, the following definition:-
“Violent act injury”, a serious and permanent personal bodily injury sustained as a direct and proximate result of a violent attack upon a person by means of a dangerous weapon, including a firearm, knife, automobile, explosive device or other dangerous weapon, which for the purposes of this section shall be defined as “an item which is designed for the purpose of causing serious injury or death.”
SECTION 2. Said chapter 32 is hereby further amended by striking out subsection (1) of section 7 and inserting in place thereof the following subsection:-
Section 7. (1) Conditions of Allowance. Any member in service classified in Group 1, Group 2 or Group 4, or any member in service classified in Group 3 to whom the provisions of subdivision (2) of section twenty-six are not applicable, who is unable to perform the essential duties of the member’s job and that such inability is likely to be permanent before attaining the maximum age for the member’s group by reason of a personal injury or violent act injury sustained or a hazard undergone as a result of, and while in the performance of the member’s duties at some definite place and at some definite time on or after the date of becoming a member or prior to such date while any provision of this chapter relating to noncontributory pensions was applicable to the member, without serious and willful misconduct on the member’s part, upon the member’s written application on a prescribed form filed with the board and the member’s respective employer or upon such an application by the head of the member’s department after a hearing, if requested, as provided for in subdivision (1) of section sixteen and subject to the conditions set forth in said section and in this section, shall be deemed retired for an accidental disability as of a date which shall be specified in such application and which shall be not less than fifteen days nor more than four months after the filing of such application but in no event later than the maximum age for the member’s group. Except as provided for in subdivision (3) of this section, no such retirement shall be allowed unless such injury or violent act injury was sustained or such hazard was undergone within two years prior to the filing of such application or, if occurring earlier, unless written notice thereof was filed with the board by such member or on the member's behalf within ninety days after its occurrence. No retirement under clauses (i) to (iii), inclusive, shall be allowed unless the board, after a review of the evidence it deems appropriate, and after a review by the commission, pursuant to the provisions of section twenty-one, and including in any event on examination by the regional medical panel provided for in subdivision (3) of section six and including a certification of such incapacity by a majority of the physicians on such medical panel, shall find that such member is physically unable to perform the essential duties of the member's job and that such inability is likely to be permanent, and that the member should be so retired. No retirement under clause (iv) shall be allowed unless the board, after a review of the evidence it deems appropriate, and after a review by the commission, pursuant to the provisions of section twenty-one, and including in any event on examination by the regional medical panel provided for in subdivision (3) of section six and including a certification of such incapacity by a majority of the physicians on such medical panel, shall find that such member is physically unable to perform the essential duties of the member's job because of a violent act injury and that such inability is likely to be permanent, and that the member should be so retired. Any member who was injured while a member of a retirement system established in any governmental unit other than that by which the member is presently employed, and who has complied with the provisions of this section as to notice, or whose case falls under paragraph (3), shall file such application with the retirement board of the unit where he is presently employed. Such board shall secure a statement of facts and records, which it shall be the duty of the retirement board of the first governmental unit to furnish, and on which it shall be entitled to make recommendations.
Prior to the determination of a retirement under this section, a member shall submit to the retirement board a written statement authorizing release of information from the federal internal revenue service and the department of revenue relative to the annual gross earned income of the member in pursuant to an agreement between the federal internal revenue service, the department of revenue, and the public employee retirement administration commission in accordance with section ninety-one A.
SECTION 3. Paragraph (a) of subsection (2) of said section 7 of said chapter 32 is hereby amended by inserting after clause (iii) the following clauses:-
(iv) A yearly amount of pension for any firefighter, any call, volunteer, auxiliary, intermittent or reserve firefighter, any call, volunteer, auxiliary, intermittent or reserve emergency medical services provider who is a member of a police or fire department and who is not subject to chapter 152, any police officer, any auxiliary, intermittent, special, part-time or reserve police officer, any municipal or public emergency medical technician who is unable to perform the essential duties of the member’s job by reason of a violent act injury, paid monthly, equal to 100 per cent of their regular compensation, including all applicable benefits and stipends, that the member was earning on the date of such violent act injury, as defined in section 1 of this chapter. The annual amount of pension payable to such member shall be equal to the regular rate of compensation which the member would have been paid had the member continued in service at the grade held by the member at the time of their retirement until their death or reaching mandatory retirement age, whichever comes first; provided that, if the member reaches the mandatory retirement age, the member shall be entitled thereafter to 80 per cent of the average annual rate of compensation paid to the member in the previous 12 months, including any cost of living increases, as defined in sections 102 and 103 of this chapter. Upon retirement, the member shall receive a lump sum payment from the applicable retirement board equal to the member’s total accumulated retirement deductions. In the event that the member shall predecease their spouse and the member’s death is the result of the same violent act injury, the member’s spouse shall be entitled to 75 per cent of the member’s annual pension, paid monthly, as long as such spouse shall live; provided that, when the member would have reached the mandatory retirement age, the member’s spouse shall continue to be entitled to 75 per cent of the member’s annual pension, including any cost of living increases, as defined in sections 102 and 103 of this chapter, that the member would have received upon reaching the mandatory retirement age; provided, however, that if a beneficiary is eligible for benefits under this section and under option (c) of section 12, the beneficiary shall elect to receive either a benefit under option (c) or a benefit pursuant to this section but shall not be eligible for both benefits. In the event that the member and the member’s spouse predecease their children, the member’s surviving unmarried children, if any, who are under age 18 or, if over that age and under age 22, are full-time students at an accredited educational institution, or who are over age 18 and physically or mentally incapacitated from earning income on the date of such member’s retirement, shall be entitled to receive a pension of equal proportion, paid monthly, which shall total 75 per cent of the amount of the pension payable to the member at the time of their death. The words “full-time student” and “accredited educational institutions” shall have the same meaning that they have under clause (iii). When a child no longer meets the qualifications for receipt of a pension allocation under this section, said child’s pension allocation shall cease and any remaining qualified children shall continue to receive the same amount each received before any child’s allocation ceased.
Any member eligible to receive a pension under clause (iv) shall be indemnified for all hospital, medical and other healthcare expenses, not otherwise covered by health insurance, related to treatment of injuries that have been or may be incurred after the date of the member’s retirement as a result of the injuries sustained by the member relating to the violent act injury while in the performance of the member’s duties.
Nothing in this section or any other section of the general laws or regulations shall limit the member’s aforementioned retirement benefit or restrict the member from seeking accommodating employment by any entity or agency which is not classified under Groups 1-4, inclusive, of the retirement system.
Nothing in this section shall prohibit a member under clause (iv), or such member’s eligible spouse or children, from receiving additional retirement benefits not required by this section.
(v) Critical Incident Stress Management
Any firefighter, any call, volunteer, auxiliary, intermittent or reserve firefighter, any call, volunteer, auxiliary, intermittent or reserve emergency medical services provider who is a member of a police or fire department and who is not subject to chapter 152, any police officer, any auxiliary, intermittent, special, part-time or reserve police officer, any municipal or public emergency medical technician shall participate in critical incident stress management debriefing following any incident involving exposure to actual or threatened death, serious injury, or sexual violence as defined in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders, or any other incident reasonably warranting a critical incident stress management debriefing, as determined by an emergency service provider certified by the Massachusetts Peer Support Network or International Critical Incident Stress Foundation, Inc.
At the discretion of the emergency service provider, or at the request of any member, the member will seek a behavioral health consultation on his or her own time.
Anything discussed during the behavioral health consultation shall be kept in confidentiality in the following manner:
a. All conversations, records, recordings, or other documents resulting from the behavioral health consultation will be subject to physician-patient privilege and will not be provided to the employer except at the request of the member;
b. The employer may contact the behavioral health professional to confirm the date and attendance of the member and credentials of the professional.
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An Act providing equity to Police officers disabled by cardiac disease
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S1737
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SD643
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T15:21:16.933'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T15:21:16.9333333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-09-28T10:45:53.56'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1737/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1737) of Bruce E. Tarr for legislation to provide equity to Police officers disabled by cardiac disease. Public Service.
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Section 94 of Chapter 32 of the General Laws, as so appearing, is hereby amended by inserting after the words “Massachusetts Bay Transportation Authority,” the following words: - or of the police force of the University of Massachusetts, or of the police force of the Massachusetts Port Authority, or of the police forces of the state universities and community colleges, or of the police force of the Executive Office of Environmental Affairs.
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An Act relative to the disability retirement of Casey L'Italien, a police officer in the city known as the town of Randolph
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S1738
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SD17
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-06T14:47:10.293'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-06T14:47:10.2933333'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-06T14:57:53.5766667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-06T14:57:53.5766667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-06T14:57:53.5766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1738/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1738) of Walter F. Timilty, Bruce J. Ayers, Michael D. Brady and William J. Driscoll, Jr. (by vote of the town) for legislation relative to the disability retirement of Casey L'Italien, a police officer in the city known as the town of Randolph. Public Service. [Local Approval Received.]
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SECTION 1. (a) Notwithstanding any general or special law to the contrary and in order to promote the public good, the retirement system of the county of Norfolk shall retire Casey L'Italien, a police officer in the city known as the town of Randolph, who was injured in the line of duty and, as a result, is permanently incapacitated from performing the essential duties of a police officer. The retirement shall be paid and administered in accordance with section 7 of chapter 32 of the General Laws. Upon retirement, Casey L'Italien shall receive a lump sum payment from said retirement board equal to her total accumulated retirement deductions.
(b) The annual amount of pension payable to Casey L'Italien shall be equal to the regular rate of compensation which would have been payable to her had she continued in service as a police officer at the grade held by her at the time of her retirement until death or until reaching age 65, whichever first occurs. The retirement shall become effective commencing on the date immediately following the final day for which Casey L'Italien received regular compensation for such employment. The additional benefits granted in this act shall be funded and administered by said retirement system, consistent with and subject to said chapter 32, except that sections 8, 91, and 91A of said chapter 32 shall not apply. All amounts paid under this act shall be exempt from state and local taxation, and exempt from federal taxation to the extent allowable under federal law.
(c) Upon attaining age 65, Casey L'Itallien shall receive a pension pursuant to section 7 of said chapter 32, the yearly amount of which shall be equal to 80 percent of the average annual rate of compensation paid to her in the previous 12 months.
(d) If Casey L'Italien shall be married at the time of her retirement, then, upon her death, said retirement board shall pay her surviving spouse if then living, a pension, payable in monthly installments in the amount of 75 percent of the annualized amount of the pension payable to Casey L'Italien on the date of her death. The pension shall be subject to section 103 of said chapter 32.
(e) Casey L'Italien shall be indemnified for hospital, medical, and other healthcare expenses related to treatment of injuries sustained while in the line of duty on May 25, 2021, not otherwise covered by health insurance.
SECTION 2. This act shall take effect upon its passage.
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[{'Description': 'SD17 -- Randolph', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=14900&title=SD17%20--%20Randolph'}]
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An Act relative to victim witness advocate retirement classification
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S1739
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SD521
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:40:07.473'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:40:07.4733333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-18T13:35:11.6466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1739/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1739) of Walter F. Timilty and Jacob R. Oliveira for legislation relative to victim witness advocate retirement classification. Public Service.
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Group 2 of paragraph (g) of subdivision (2) of section 3 of chapter 32 of the General Laws as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 269, after the words “employees of the trial court of the commonwealth who hold the position of chief probation officer, assistant chief probation officer, probation officer in charge or probation officer, chief court officer, assistant chief court officer or court officer” the following words:- "; employees holding the title of victim witness advocate as defined by section 1 of chapter 258B who have been employed in such capacity for ten years or more"
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An Act to protect patient privacy and prevent unfair and deceptive advertising of pregnancy-related services
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S174
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SD1432
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T17:59:36.827'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T17:59:36.8266667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-09-22T15:37:54.7133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S174/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 174) of Barry R. Finegold for legislation to protect patient privacy and prevent unfair and deceptive advertising of pregnancy-related services. Consumer Protection and Professional Licensure.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 93A the following chapter:-
CHAPTER 93A½.
Section 1. Definitions
As used in this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Abortion” shall have the same meaning as defined in section 12K of chapter 112.
“Client”, an individual who is inquiring about or seeking services at a pregnancy services center.
“Clinical laboratory services”, the microbiological, serological, chemical, hematological, biophysical, cytological or pathological examination of materials derived from the human body for the purpose of obtaining information for the diagnosis, prevention or treatment of disease or the assessment of a health condition.
“Collect”, buying, renting, gathering, obtaining, receiving or otherwise accessing any personal information pertaining to an individual by any means, including, but not limited to, obtaining information from an individual, either actively or passively, or by observing an individual’s behavior.
“Consent”, a clear affirmative act signifying an individual’s freely given, specific, informed, and unambiguous agreement to allow the processing of personal information relating to the individual for a narrowly defined particular purpose; provided, however, that “consent” may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative action; provided, however, that the following shall not constitute “consent”:
(i) acceptance of a general or broad terms of use or similar document that contains descriptions of personal information processing along with other, unrelated information; or
(ii) agreement obtained through: (1) a false, fictitious, fraudulent or materially misleading statement or representation; or (2) a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making or choice.
“Emergency contraception”, one or more prescription drugs:
(i) used separately or in combination for the purpose of preventing pregnancy;
(ii) administered to or self-administered by a patient within a medically recommended amount of time after sexual intercourse;
(iii) dispensed for such purpose in accordance with professional standards of practice; and
(iv) determined by the United States Food and Drug Administration to be safe for such purpose.
“Health information”, any oral or written information in any form or medium that relates to health insurance or the past, present or future physical or mental health or condition of a client.
“Identified or identifiable individual”, an individual who can be readily identified, directly or indirectly.
“Individual”, a natural person residing in the commonwealth or whose personal information is collected in the commonwealth; provided, however, that “individual” shall not include a natural person acting in an employment or commercial context.
"Licensed health care provider”, a person licensed under the provisions of federal or state law to provide health care or other medical services.
“Limited services pregnancy center”, a pregnancy services center that does not directly provide, or provide referrals for, abortions or emergency contraception.
“Personal information”, information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with an identified or identifiable individual.
“Pregnancy-related service”, any medical or health counseling service related to pregnancy or pregnancy prevention, including, but not limited to, contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, obstetric ultrasound, obstetric sonogram and prenatal care.
“Pregnancy services center”, a facility, including a mobile facility, whose primary purpose is to provide services to clients who are or have reason to believe they may be pregnant and that:
(i) offers obstetric ultrasounds, obstetric sonograms, pregnancy testing or diagnosis or prenatal care to pregnant clients; or
(ii) has the appearance of a medical facility by virtue of having two or more of the following factors present:
(1) staff or volunteers who wear medical attire and uniforms;
(2) one or more examination tables;
(3) a private or semiprivate room or area containing medical supplies or medical instruments;
(4) staff or volunteers who collect health information from clients; or
(5) the facility is located on the same premises as a licensed health care facility or licensed health care provider or shares facility space with a licensed health care provider.
“Premises”, land and improvements or appurtenances or any part thereof.
“Prenatal care”, services consisting of a physical examination, pelvic examination or clinical laboratory services provided to a client during pregnancy.
“Process”, any operation or set of operations performed on personal information or on sets of personal information, whether or not by automated means, such as the collection, use, storage, disclosure, sharing, analysis, prediction, deletion or modification of personal information.
Section 2. Deceptive Advertising of Pregnancy-Related Services
No limited services pregnancy center, with the intent to perform a pregnancy-related service, shall make or disseminate before the public, or cause to be made or disseminated before the public, in any newspaper or other publication, through any advertising device, or in any other manner, including, but not limited to, through use of the internet, any statement concerning any pregnancy-related service or the provision of any pregnancy-related service that:
(i) is deceptive, whether by statement or omission; and
(ii) a limited services pregnancy center knows or reasonably should know to be deceptive.
Section 3. Privacy Standards for Pregnancy-Related Services
(a) A pregnancy services center shall process an individual’s personal information:
(i) lawfully, fairly and in a transparent manner in relation to the individual;
(ii) for specified, explicit and legitimate purposes and not further process the personal information in a manner that is incompatible with those purposes;
(iii) in a manner that is adequate, relevant and limited to what is reasonably necessary in relation to the purposes for which it is processed;
(iv) in a form which permits identification of individuals for no longer than is necessary for the purposes for which the information is processed; and
(v) in a manner that ensures that the information remains appropriately secure.
(b) A pregnancy services center shall not process an individual’s personal information unless the center has obtained the individual’s consent.
(c) Prior to processing an individual’s personal information, a pregnancy services center shall provide the individual with a reasonably accessible, clear and meaningful privacy notice that shall include:
(i) the pregnancy services center’s specific purposes for processing such information;
(ii) the categories of personal information processed by the pregnancy services center; and
(iii) the categories of third parties and other entities to whom the pregnancy services center discloses personal information.
(d) A pregnancy services center shall not process the personal information of an individual for purposes incompatible with the disclosed purposes for which the information was collected without first: (i) obtaining the individual's consent; and (ii) providing the individual with notice consistent with this section.
(e) A pregnancy services center shall provide an effective, clear and conspicuous mechanism for an individual to revoke consent that the individual previously provided pursuant to this section. Upon revocation of such consent, the pregnancy services center shall cease to process the individual’s personal information as soon as practicable, but not later than fifteen days after the receipt of such request.
(f) A pregnancy services center shall exercise reasonable due diligence in:
(i) selecting an entity to process an individual’s personal information on behalf of the pregnancy services center; and
(ii) deciding whether to disclose personal information to a third party.
Section 4. Limitations
(a) Section 3 shall not apply to:
(i) a covered entity or business associate, as such terms are defined in 45 CFR 160.103;
(ii) health information processed pursuant to 45 C.F.R. 160, 162 and 164;
(iii) patient identifying information for purposes of 42 C.F.R. 2, established pursuant to 42 U.S.C. 290dd-2;
(iv) information and documents created for purposes of the federal Health Care Quality Improvement Act of 1986, 42 U.S.C. 11101 et seq.;
(v) patient safety work product for purposes of the federal Patient Safety and Quality Improvement Act, 42 U.S.C. 299b-21 et seq.;
(vi) information that is: (1) derived from any of the health care-related information listed in this subsection; and (2) de-identified in accordance with the requirements for de-identification pursuant to 45 C.F.R. 164;
(vii) information that is treated in the same manner as, or that originates from and is intermingled to be indistinguishable with, information exempt under this subsection that is maintained by: (1) a covered entity or business associate, as defined in 45 CFR 160.103; or (2) a program of a qualified service organization as defined by 42 U.S.C. 290dd-2;
(viii) publicly available information about an individual that:
(1) is lawfully made available from federal, state or local government records; or
(2) a pregnancy services center has a reasonable basis to believe is lawfully and intentionally made available to the general public: (A) through widely distributed media; or (B) by the individual, unless the individual has restricted the information to a specific audience; and
(ix) de-identified information that cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable individual, or a device linked to such individual; provided, however, that the pregnancy services center that possesses the information:
(1) takes reasonable technical and organizational measures to ensure that the information cannot, at any point, be associated with or used to re-identify an identified or identifiable individual;
(2) publicly commits to process the information solely in a de-identified fashion;
(3) does not attempt to re-identify the information; provided, however, that the pregnancy services center may attempt to re-identify the information solely for the purpose of determining whether its de-identification procedures satisfy the provisions of this definition; and
(4) contractually obligates any recipients of the information to comply with the provisions of this clause with respect to the information and requires that such obligations be included contractually in all subsequent instances for which the information may be received.
(b) Section 3 shall not apply where compliance by the pregnancy services center would violate an evidentiary privilege under the laws of the Commonwealth or be construed to prevent the pregnancy services center from providing personal information concerning an individual to a person covered by an evidentiary privilege under the laws of the Commonwealth as part of a privileged communication.
(c) Nothing in section 3 shall be construed to restrict a pregnancy services center’s ability to:
(i) comply with federal, state or local laws, rules or regulations;
(ii) comply with a civil, criminal or regulatory inquiry, subpoena or summons by federal, state, local or other governmental authorities;
(iii) cooperate with law enforcement agencies concerning conduct or activity that the pregnancy services center reasonably and in good faith believes may violate federal, state or local laws, rules or regulations;
(iv) investigate, establish, exercise, prepare for or defend legal claims; or
(v) take immediate steps to protect the security or protection of a natural person, if that natural person is at risk or danger of death or serious physical injury.
Section 5. Enforcement by the Attorney General
(a) Whenever the attorney general has reasonable cause to believe that a pregnancy services center has engaged in, is engaging in or is about to engage in a violation of this chapter, the attorney general may issue a civil investigative demand. The provisions of section 6 of chapter 93A of the General Laws shall apply mutatis mutandis to civil investigative demands under this chapter.
(b) The attorney general may apply to any court of competent jurisdiction for injunctive relief to compel compliance with the provisions of this chapter and, with respect to violations of section 2, to correct the effects of the deceptive advertising; provided, however, that the attorney general shall give written notice to the pregnancy services center in accordance with subsection (c) of this section.
(c) Prior to commencing an action pursuant to this section, the attorney general shall give written notice to the pregnancy services center of the violation of this chapter and allow the pregnancy services center to cure such violation not later than 10 days after receipt of the written notice. The attorney general may file an action pursuant to this section after such period if the pregnancy services center does not respond to the written notice or refuses to cure such violation.
(d) Upon a finding by the court that a pregnancy services center has violated any provision of this chapter, the state shall be entitled to recover:
(i) civil penalties of up to one thousand dollars per violation; and
(ii) reasonable attorneys' fees and costs.
(e) In determining the overall amount of civil penalties to seek or assess against a pregnancy services center, the attorney general or the court shall include, but not be limited to, the following in its consideration:
(i) the nature and severity of the violation;
(ii) the size, scope, and type of the pregnancy services center; and
(iii) the good faith cooperation of the pregnancy services center with any investigations conducted by the attorney general pursuant to this section.
(f) Any injunctive relief ordered by the court in response to a violation of section 2 may include requiring the limited service pregnancy center to:
(i) pay for and disseminate appropriate corrective advertising in the same form and using the same advertising device as used in the deceptive advertising;
(ii) post a remedial notice that corrects the effects of the deceptive advertising; or
(iii) provide such other narrowly tailored relief as the court deems necessary to remedy the adverse effects of the deceptive advertising on any clients seeking pregnancy-related services.
(g) Nothing in this section shall prohibit the state or any political subdivision thereof from seeking any administrative, legal or equitable relief permitted by law, including, but not limited to, relief permitted by chapter 93A of the General Laws.
SECTION 2. Chapter 93A½ of the General Laws shall take effect 6 months after the passage of this act.
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An Act relative to the safety of fire, police, and emergency medical technicians from contagious diseases
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S1740
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SD570
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:41:03.37'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:41:03.37'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1740/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1740) of Walter F. Timilty for legislation relative to the safety of fire, police, and emergency medical technicians from contagious diseases. Public Service.
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SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, and for the purposes of any death, disability or medical services claim including claims under Chapter 32, Chapter 41 and Chapter 152 of the General Laws, any contagious disease, resulting in disability or death to a full-time uniformed member of a paid police department, fire department, municipal emergency medical service, correction officers, or court officers shall, if he or she successfully passed a physical examination on entry into such service or subsequent to such entry, which examination failed to reveal any evidence of such condition, be presumed to have been suffered in the line of duty, unless it is shown by a preponderance of the evidence that non-service connected risk factors or non-service connected accidents or hazards undergone, or any combination thereof, caused such incapacity. The provisions of this section shall only apply if the disabling or fatal condition is a type of contagious disease which may, in general, result from exposure to blood and other body fluids of the sick, excluding the common cold.
SECTION 2. The provisions of this section shall not apply to any person serving in such positions for fewer than five years at the time that such condition is first discovered, or should have been discovered. Any person first discovering any such condition within five years of the last date on which such person actively so served shall be eligible to apply for benefits hereunder, and such benefits, if granted, shall be payable as of the date on which the employee last received regular compensation. The provisions of this section shall not apply to any person serving in such position unless such person shall first establish that he has regularly responded to calls for police, fire or emergency medical service during some portion of the period of his service in such position.
SECTION 3. The provisions of this section shall also apply to any condition of Hepatitis A, B, or C, Tuberculosis, HIV, and any other contagious disease which is found by regulation by the commissioner of the department of public health to have a statistically significant correlation with police, fire or emergency medical service.
SECTION 4. Nothing herein shall preclude a member from applying for and receiving benefits under section seven or section nine, subject to the provisions of said sections.
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An Act relative to the retirement options of certain educational personnel
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S1741
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SD574
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:41:43.237'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:41:43.2366667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-08-25T15:56:22.9166667'}, {'Id': 'djr1', 'Name': 'Daniel J. Ryan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djr1', 'ResponseDate': '2023-08-25T15:56:22.9166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1741/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1741) of Walter F. Timilty for legislation relative to the retirement options of certain educational personnel. Public Service.
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SECTION 1. Paragraph (i) of subsection (4) of section 5 of chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the sixth sentence and inserting in place thereof the following sentence:-
A member of a contributory retirement system other than the teachers’ retirement system or a teacher in the State-Boston retirement system, who transfers into the teachers’ retirement system or transfers into the State-Boston retirement system as a teacher may elect to participate in the alternative superannuation retirement benefit program but that election shall occur within 180 days after establishing membership in the teachers’ retirement system or the State-Boston retirement system.
SECTION 2. Paragraph (ii) of said subsection (4) of said section 5 of said chapter 32, as so appearing, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:-
Such member shall have served for not less than 20 years as a teacher in order to be eligible to receive the benefit provided under this subdivision but years of membership service in a contributory retirement system while employed in a public day school in the commonwealth or an education collaborative under section 4E of chapter 40, as a school nurse, school social worker, early childhood teacher, speech, occupational or physical therapist or school business administrator shall be considered years as a teacher for the purposes of this section.
SECTION 3. A school nurse, school social worker, early childhood, speech, occupational or physical therapist, or school business administrator, who on or before July 1, 2005 was eligible to elect to participate in the alternative superannuation retirement benefit program or who transferred from a contributory retirement system to the teachers’ retirement system or the State-Boston retirement system as a teacher under paragraph (i) of subdivision (4) of section 5 of chapter 32 of the General Laws, may elect to do so within 180 days of the effective date of this act on such form as the state teachers’ retirement board or the State-Boston retirement board shall prescribe; provided that said member shall make retirement contributions to the system, prior to retirement, as if said member had elected into said program on or before July 1, 2005, plus interest. The interest shall be calculated by using one half of the actuarially assumed investment rate of return of the teachers' retirement system or the State-Boston retirement system. The election to participate in the alternative superannuation retirement benefit program shall be irrevocable and shall be subject to said subdivision (4) of section 5 of said chapter 32.
The election provided in this section shall also apply to any retired or other inactive member of the teachers' retirement system or of the State-Boston retirement system who (a) was a member in service on or before July 1, 2005 or transferred from a contributory retirement system to the teachers' retirement system or the State-Boston retirement system after that date, (b) was eligible to elect to participate in the alternative superannuation retirement benefit program, and (c) notified, in writing, the school district payroll, business, or other administrative officer of an intention to elect to participate in the alternative superannuation retirement benefit program established pursuant to paragraph (i) of subdivision (4) of section 5 of chapter 32. The new benefit provided through such election shall be actuarially reduced, if necessary, to meet the plan qualification requirements of the Internal Revenue Code (IRC), as provided in paragraph (i) of subdivision (4) of section 5 of Chapter 32.
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An Act relative to the human resources division's civil service unit
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S1742
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SD755
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T10:57:53.107'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T10:57:53.1066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:10:46.8933333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-31T12:10:46.8933333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-31T12:10:46.8933333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T15:40:22.0866667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-10-04T14:58:57.0866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1742/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1742) of Walter F. Timilty, Vanna Howard, Angelo J. Puppolo, Jr., Marc R. Pacheco and others for legislation relative to the human resources division's civil service unit. Public Service.
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SECTION 1. Section 5 of Chapter 31 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:-
(q) The executive office for administration and finance shall be directed to appropriately fund the human resource division's civil service unit such that the civil service unit may maintain a budget to permit it to continue to provide an independent and objective process of resolving appeals and disputes, and also better advertise, communicate, and market opportunities for careers in public service.
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An Act relative to certain licensed pipefitters and refrigeration technicians
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S1743
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SD757
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T11:14:27.407'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T11:14:27.4066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1743/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1743) of Walter F. Timilty for legislation relative to certain licensed pipefitters and refrigeration technicians. Public Service.
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Section 3 of Chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 315, after the clause "employees of the Massachusetts Port Authority who are employed as licensed electricians, utility technicians, steam engineers, watch engineers, boiler operators," the following words:- "licensed pipefitters and refrigeration technicians,".
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An Act to authorize creditable service for certain public higher education faculty and professional employees
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S1744
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SD2025
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-20T12:00:15.01'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-20T12:00:15.01'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1744/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1744) of Walter F. Timilty for legislation to authorize creditable service for certain public higher education faculty and professional employees. Public Service.
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Subsection (1) of section 4 of Chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after paragraph (s) the following paragraph:-
(t) Any faculty member or professional employee of any public institution of higher education who is a member of the state employees retirement system and who has received or receives a leave or leaves of absence without pay approved by the employing institution to accept a prestigious award, fellowship, scholarship or other special assignment opportunity that benefits both the individual and the employing institution of public higher education, may, before any retirement becomes effective, establish up to two years of such service as creditable service for the purpose of determining his retirement allowance pursuant to the provisions of paragraph (a) of subdivision (2) of section 5 of Chapter 32. Eligibility for said creditable service shall be conditioned upon payment into the annuity savings fund of the state employees retirement system of an amount equal to the contributions he would have otherwise paid into the retirement system for said period or periods of service based upon the salary he was receiving prior to the commencement of his leave or leaves of absence together with regular interest thereon. Such payment shall be made in one sum or installments as the state board of retirement shall prescribe.
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An Act relative to creditable service for school business administrators
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S1745
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SD2040
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-20T12:16:20.647'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-20T12:16:20.6466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1745/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1745) of Walter F. Timilty for legislation relative to creditable service for school business administrators. Public Service.
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SECTION 1. Subdivision (1) of section 4 of Chapter 32 is hereby amended by inserting after paragraph (h1/2) the following paragraph:-
Any member in service of the teachers’ retirement system who is employed as a school business administrator may receive creditable service for any period or periods of prior occupational experience which was required as a condition of the member’s licensure as a school business administrator by the office of elementary and secondary education. No credit shall be allowed until the member has paid into the Annuity Savings Fund of the system before any retirement allowance becomes effective for the member, in 1 sum, or in installments, upon the terms and conditions as the board may prescribe, makeup payments of an amount equal to seventeen percent of the current salary of such member for each year of service purchased. No credit shall be allowed and no payment shall be accepted under this paragraph until the member has completed 10 or more years of membership service. No credit shall be allowed if the member has already received or is otherwise eligible to receive creditable service for any period or periods of prior occupational work experience under Chapter 32. The creditable service allowable under this paragraph for any member shall not exceed 3 years.
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An Act providing for a fair and equitable group 4 retirement benefit for police officers working on Massachusetts public higher education campuses
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S1746
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SD200
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T11:09:47.247'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T11:09:47.2466667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-25T14:34:36.4866667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-01T16:45:16.09'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T15:09:19.9133333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-09T15:16:52.1066667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T15:54:17.31'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-04T16:46:39.68'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-25T12:32:06.4966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1746/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1746) of John C. Velis, John J. Cronin, John F. Keenan, James K. Hawkins and other members of the General Court for legislation to correct inequities regarding the retirement of state-employed and special authority-employed police officers. Public Service.
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SECTION 1. Section 3 of chapter 32 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting in line 297, after the word "Authority;" the following:- “any campus police officer employed at a Massachusetts state college, university, community college and the University of Massachusetts”.
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An Act regarding retirement of public authority law enforcement employee groups
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S1747
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SD201
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T11:17:32.84'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T11:17:32.8533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1747/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1747) of John C. Velis for legislation to regard retirement of public authority law enforcement employee groups. Public Service.
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Paragraph (g) of subdivision (2) of section 3 of chapter 32 of the General Laws, is hereby amended by inserting after line 326 the following new paragraph:-
Any public authority with law enforcement employees who are members of a retirement system independent of the Massachusetts State Retirement System and the Massachusetts Teachers Retirement System may elect to improve the retirement group classification for any group of law enforcement employees by a majority vote of the authority governing board. Nothing in this act shall be construed as authorization to diminish the retirement benefits of public employees by placing any group of employees in a lower group of classification.
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An Act providing fair and equitable line of duty death benefits for public employees
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S1748
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SD205
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T11:28:37.223'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T11:28:37.2233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1748/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1748) of John C. Velis for legislation to provide fair and equitable line of duty death benefits for public employees. Public Service.
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SECTION 1. Section 100A of Chapter 32, as amended in section 9 of chapter 5 of the acts of 2017, is hereby further amended by striking subsection (c) in its entirety and inserting in place thereof the following subsection:-
(c) The killed in the line of duty benefit shall be a 1-time payment of $300,000 to the family of a deceased public employee. As used in this section deceased public employee shall mean any public employee working for state or county government, a Massachusetts public higher education institution, a municipality, public school department, or public school district or public authority who, while in the performance of his/her duties and as a result of incident, accident or violence, was killed or sustained injuries which were the direct and proximate cause of his/her death.
SECTION 2. Section 100A of chapter 32 is hereby further amended in subsection (d) by replacing each occurrence of the words “public safety employee” in said subsection with the words “public employee”.
SECTION 3. Section 16 of chapter 15A, as amended by chapter 283 of the acts of 2016, is hereby amended by striking out the ninth paragraph and inserting in place thereof the following paragraph:-
There shall be a public service scholarship program to provide scholarships to the: (i) children and widowed spouses of Massachusetts police officers, firefighters, corrections officers, and public employees working for state or county government, a Massachusetts public higher education institution, a municipality, a public school department, a public school district or a public authority who were killed or died from injuries received while in the performance of their duties, including authorized training duty; (ii) children of prisoners of war or of military or service persons missing in action; and (iii) children of veterans whose service was credited to the commonwealth and who were killed in action or otherwise died as a result of such service. Such scholarships shall be awarded by the council pursuant to its guidelines established to govern this program and shall go to those persons referenced above who are admitted to an institution of higher education in the commonwealth to pursue undergraduate studies. The guidelines shall include, but not be limited to, a waiver of mandatory fees.
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An Act relative to accidental disability retirement for police officers and firefighters
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S1749
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SD207
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T12:05:18.307'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T12:05:18.3066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1749/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1749) of John C. Velis for legislation relative to accidental disability retirement for police officers and firefighters. Public Service.
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Notwithstanding any general or special law to the contrary, Section 111F of Chapter 41 of the General Laws is hereby amended by adding the following new paragraph at the end thereof:-
For any police officer or fire fighter subject to this section, who is granted an accidental disability retirement, pursuant to Section 7 of Chapter 32, and said accidental disability retirement is not based on presumptions pursuant to Sections 94, 94A or 94B of Chapter 32, any absence from duty caused by the condition which resulted in said accidental disability retirement, pursuant to Section 7 of Chapter 32, shall be regarded as leave pursuant to this section. If said police officer or fire fighter was not previously granted leave pursuant to this section, he or she shall have such absence retroactively so granted, and any pay or other personnel actions implicated by such retroactive granting of leave pursuant to this section shall be taken by the employer.
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An Act relative to toxic-free kids
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S175
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SD1473
| 193
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-18T13:27:57.16'}
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[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-18T13:27:57.16'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T16:52:58.4766667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T17:26:44.8266667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-13T14:33:28.2433333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T14:38:29.8066667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-23T13:41:34.6166667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T14:46:20.0866667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-02T12:03:05.3833333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T16:24:34.4633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T09:18:05.2666667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T09:17:46.6766667'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-03-06T14:46:12.2433333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-30T12:49:22.2866667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-04-05T14:46:08.94'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-06T09:49:43.2633333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-11T15:55:33.4166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S175/DocumentHistoryActions
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Bill
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By Ms. Friedman, a petition (accompanied by bill, Senate, No. 175) of Cindy F. Friedman, Joanne M. Comerford, Carmine Lawrence Gentile, Lydia Edwards and other members of the General Court for legislation relative to the disclosure of toxic chemicals in children’s products. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 21A of the General Laws is hereby amended by inserting after section 27 the following section:-
Section 28. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Authoritative body”, an agency or formally organized program or group which the department of environmental protection, in consultation with the Toxics Use Reduction Institute at the University of Massachusetts Lowell, has identified as having expertise in the identification of chemicals causing cancer and other toxicity; provided, that these authoritative bodies shall include, but are not limited to: (i) the American Conference of Governmental Industrial Hygienists; (ii) the federal Environmental Protection Agency; (iii) the European Chemicals Agency; (iv) the International Agency for Research on Cancer; (v) the National Toxicology Program; and (vi) the Occupational Safety Health Administration.
“Chemical”, a substance with a distinct molecular composition and the breakdown products of the substance that form through decomposition, degradation or metabolism or a group of structurally related substances and the breakdown products of the substances that form through decomposition, degradation or metabolism.
“Chemical class”, groupings that relate chemicals by similar features including classifications by structure, physical properties, or other factors.
“Children”, natural persons 12 years of age and under.
“Children’s product”, consumer products intended, made or marketed for use by children12 years of age or under , including: (i) toys; (ii) children’s clothing; (iii) children's cosmetics and personal care products; (iv) children's jewelry and novelty products; (v) children’s school supplies; (vi) children’s arts and crafts supplies, including model making supplies (vii) children’s bedding, furniture, and furnishings; (viii) child car seats; (ix) products to help a child with sucking or teething, or to facilitate sleep, relaxation, or the feeding of a child; (x) artificial turf fields installed on school properties, publicly owned properties, or intended for use by children under the age of 18; (xi) products that meet any of the following conditions: represented in its packaging, display, or advertising as appropriate for use by children, sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children sold in a retail store, catalogue, or online website, in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children, or sold in a discrete portion of a retail store, catalogue, or online website, in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children; provided, however, that “children’s product” shall not include: (i) batteries; (ii) slings and catapults; (iii) sets of darts with metallic points; (iv) toy steam engines; (v) bicycles and tricycles; (vi) video toys that can be connected to video screen and are operated at a nominal voltage exceeding twenty-four volts; (vii) chemistry sets; (viii) consumer and children's electronic products, including but not limited to personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen, used to access interactive software and their associated peripherals; (ix) interactive software, intended for leisure and entertainment, including computer games and their storage media, including compact disks; (x) BB guns, pellet guns and air rifles; (xi) snow sporting equipment, including skis, poles, boots, snow boards, sleds and bindings; (xii) roller skates; (xiii) scooters; (xiv) model rockets; (xv) athletic shoes with cleats or spikes; (xvi) pocketknives and multitools; (xvii) food and beverages and food and beverage packaging regulated by the United States Food and Drug Administration or the United States Department of Agriculture; (xviii) pharmaceutical products and biologics; and (xix) medical devices, as defined in the federal Food, Drug, and Cosmetic Act, U,S,C, 21 section 321(h).
“Contaminant”, trace amounts of chemicals that are incidental to manufacturing and that serve no intended function in the product component, including, but not limited to: (i) unintended by-products of chemical reactions during the manufacture of the product component; (ii) trace impurities in feedstock; (iii) incompletely reacted chemical mixtures; and (iv) degradation products.
“De minimis level”, (i) for a chemical that is an intentionally added chemical in a component of a consumer product, the practical quantification limit; (ii) for a chemical that has a contaminant present in a component of a consumer product, a concentration of 100 parts per million; or (iii) for an engineered nanoobject, there shall be no de minimis level.
“Department”, the department of environmental protection.
“Engineered nanoobject”, a material with 1, 2 or 3 external dimensions in the nanoscale.
“Government entity”, a federal or state government agency.
“IC2”, the Interstate Chemicals Clearinghouse, an association of state, local, and tribal governments that promotes a clean environment, healthy communities, and a vital economy through the development and use of safer chemicals and products.
“Institute”, the Toxics Use Reduction Institute established in section 6 of chapter 21I.
“Manufacturer”, any person, firm, association, partnership, corporation, governmental entity, organization, combination or joint venture which produces a children’s product or an importer or domestic distributor of a children’s product that is produced in a foreign country.
“Nanoscale”, size range from approximately 1 nanometers to 100 nanometers.
“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS”, substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
“Practical quantification limit”, the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions; provided, that the practical quantification limit is based on scientifically defensible, standard analytical methods; and provided further, that the practical quantification limit for a given chemical may be different depending on the matrix and the analytical method used.
“Regulated perfluoroalkyl and polyfluoroalkyl substances” or “regulated PFAS”, substances that include either: (i) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including, but not limited to, the PFAS components of intentionally added chemicals and PFAS that are unintentional breakdown products of an added chemical that also have afunctional or technical effect in the product; or (ii) the presence of PFAS in a product or product component at or above 100 parts per million, as measured in total organic fluorine.
“Safer alternative”, an alternative whose potential to harm human health is less than that of the use of a high priority chemical that it could replace.
“Toy”, a product designed or intended by the manufacturer to be used by a child at play.
(b) No manufacturer, wholesaler or retailer shall knowingly sell, offer for sale or distribute for use a children’s product or product component containing regulated PFAS.
(c) The department, in consultation with the institute, shall maintain and publish a list of toxic chemicals of concern in children’s products, which shall be available to the public on the department’s website.
The chemicals of concern list shall include chemicals identified by a government entity or other authoritative body or identified based on scientific evidence as being :
(1) a carcinogen or mutagen;
(2) persistent or bio-accumulative and toxic
(3) an endocrine disruptor;
(4) a reproductive or developmental toxicant;
(5) a neurotoxicant;
(6) a respiratory or skin sensitizer; and
(7) any other chemical of equivalent concern, as determined by the department, in consultation with the institute.
In developing the chemicals of concern list, the department shall consult published authoritative lists of chemical categorizations, including, but not limited to, the Maine Chemicals of Concern List, New York Chemicals of Concern List, Oregon Chemicals of Concern List, Vermont Chemicals of Concern List, Canadian Domestic Substances List Categorization, the European Commission list of Substances of Very High concern, and the International Agency for Research on Cancer list of carcinogens.
As needed, but not less than every 3 years, the department, in consultation with the institute, shall update the chemicals of concern list.
(d) Not later than 180 days after a chemical is added to the chemicals of concern list established under subsection (c), and biennially thereafter, a manufacturer of a children’s product for sale in the commonwealth that contains a chemical in an amount greater than a de minimis level shall notify the department in writing; provided, however, if the children’s product contains a listed chemical that is an engineered nanoobject, the manufacturer shall notify the department in writing regardless of the amount of chemical present. The manufacturer’s written notice shall include:
(1) the name of the chemical used or produced and its chemical abstracts service registry number;
(2) a brief description of the product or product component containing the chemicals, including the Global Product Classification product brick description;
(3) the brand name, product model, and the universal product code if the product has such a code;
(4) a description of the function of the chemical in the product;
(5) the amount of the chemical used in each unit of the product or product component, which may be reported in ranges, rather than the exact amount; and
(6) the name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer.
The department is authorized to direct submission of such reports to the IC2 and may otherwise provide for reciprocal data sharing with other states which require reporting of the same information. The department shall specify procedures for the provision of such notice by manufacturers to the IC2.
(e) The department shall make information reported under subsection (d) available to the public via the department’s website and via linkage to relevant databases on the IC2 website.
(f) The department in consultation with the institute, shall maintain and publish a list of high priority chemicals in children’s products, which shall be available to the public on the department’s website.
The department may identify a chemical as a high priority chemical if, upon such review: (i) the chemical or its metabolites have been found through biomonitoring to be present in humans; (ii) the chemical has been found through sampling and analysis to be present in household dust, indoor air, drinking water or elsewhere in the home environment; (iii) the chemical has been scientifically demonstrated to release from the product, resulting in likely exposure to children; or (iv) the sale or use of the chemical or a children's product containing the chemical has been restricted in another state or states within the United States.
The department, in consultation with the institute, may remove a chemical from the high priority chemicals list if, upon review, it determines based on substantial scientific evidence that such chemical no longer meets the criteria for listing under this subsection.
Not later than 180 days after a chemical is added to the high priority chemicals list, manufacturers of a children’s product containing such high priority chemical shall notify persons that offer the children’s product for sale or distribution in the state that the product contains a high priority chemical and shall provide such persons with information regarding toxicity and risk management. Notification shall be provided in a form specified by the department.
Not later than 3 years after a chemical is added to the high priority chemicals list, no person shall distribute, sell or offer for sale in the commonwealth a children's product containing the high priority chemical, unless a prohibition on the distribution, sale or offer for sale of the children’s product would be preempted by federal law or the commissioner exempts the children's product from such prohibition because, in the commissioner's judgment, the lack of availability of the children's product could pose an unreasonable risk to public health, safety or welfare.
The department, in consultation with the institute, shall update the high priority chemicals list at least once every 3 years. At least 3 high priority chemicals or one chemical class shall be added to the high priority chemicals list at each update.
(g) The department, in consultation with the institute, may periodically publish a list of safer alternative chemicals that may be substituted for the chemicals listed on the high priority chemicals list established in subsection (f). Manufacturers of children’s products containing high priority chemicals may redesign products to eliminate the need for high priority chemicals or they may substitute a chemical from the safer alternatives list.
Manufacturers may not replace chemicals on the high priority chemicals list established in subsection (f) with any chemical that is on the chemicals of concern list established in subsection (c) or any chemical that has been identified by a government entity or other authoritative body or is identified based on scientific evidence as having the characteristics of a chemical of concern as described in subsection (c).
Manufacturers that seek to replace chemicals on the high priority chemicals list established in subsection (f) with chemicals that are not on the safer alternative chemicals list established in this subsection shall disclose to the department and institute the chemical substitutes that the manufacturer will use. The manufacturer shall conduct a hazard assessment that explains how the children’s product, and any substitute chemical the children’s product contains, are less hazardous than before the substitution was made. The department shall establish the methodology that a manufacturer must use, and the standards that a children’s product must meet, in order to comply with the hazard assessment requirements. Upon the request of the department, manufacturers must submit hazard assessment to the department for review.
If the department, in consultation with the institute, requests to review the hazard assessment, the department, in consultation with the institute, may approve or disapprove a hazard assessment within 180 days after its submission. If the department fails to act within 180 days, the hazard assessment is deemed approved, and the manufacturer may continue to sell or offer for sale in this state the children’s product for which the manufacturer submitted a hazard assessment. If the department disapproves a hazard assessment, the manufacturer may submit a revised hazard assessment for consideration within 180 days after the department’s disapproval.
(h) The department may conduct testing of children’s products sold or offered for sale in the state in order to determine compliance with this act.
(i) The department may grant a temporary or permanent waiver to manufacturers of children’s products that request waiver from the requirement to remove or substitute high priority chemicals. The manufacturer applying for waiver must demonstrate that the high priority chemical is not reasonably anticipated to result in exposure based upon an analysis of leachability and bioavailability of chemical of concern. The department may establish requirements and fees for waiver requests.
(j) This section shall apply to chemicals in children’s products sold or distributed as new and do not apply to used children’s products that are sold or distributed for free at secondhand stores, yard sales, on the internet or donated to charities.
(k) A manufacturer that produces, sells or distributes a product prohibited from manufacture, sale or distribution in the commonwealth under this section shall recall the product and reimburse the retailer or any other purchaser for the product.
(l) A manufacturer of products in violation of this section shall be subject to a civil penalty not to exceed $5,000 for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed $10,000 for each repeat offense.
(m) If there are grounds to suspect that a children’s product is being offered for sale in violation of this section, the department may request the manufacturer of the children’s product to provide a statement of compliance on a form provided by the department within 10 days of receipt of a request from the department. The statement of compliance shall: (i) attest that the children’s product does not contain the dangerous chemical; (ii) attest and provide the department with documentation that notification of the presence of the high priority chemical has been provided to the department or provide notice as required by subsection (f); or (iii) attest that the manufacturer has notified persons that sell the product in this state that the sale of the children’s product is prohibited.
Retailers who unknowingly sell products that are restricted from sale under this section are not liable under this section.
(n) Every 3 years, the department, in consultation with the institute, shall submit a report on the toxic chemicals of concern in children's products to the joint committee on public health, the joint committee on the environment, natural resources and agriculture, and the house and senate committees on global warming and climate change. The report shall include general information and policy recommendations for addressing toxic chemicals in children’s products, including, but not limited to: (i) ways, in addition to the IC2, to inform and educate consumers about toxic chemicals in children’s products; (ii) ways to protect children from toxic chemical exposures; (iii) progress and challenges in implementing this section; (iv) updated lists of chemicals of concern, high priority chemicals and safer alternative chemicals; (v) results of reporting, including the number and types of children’s products with chemicals of concern or high priority chemicals, amounts used, and the most frequently disclosed chemicals; (vi) information on waiver requests made and granted and compliance and enforcement activities, including testing and penalties; and (vii) any proposed regulations and legislation necessary to carry out the report’s recommendations. The department shall make the report available on its website and may publicize it through any other appropriate channels.
(o) The department shall promulgate rules and regulations necessary for the implementation and enforcement of this section, including the need for department and institute staffing, website development and management, reporting, and testing and enforcement.
SECTION 2. The regulations required by subsection (o) of section 28 of chapter 21A of the General Laws shall be promulgated not later than 1 year after the effective date of this act.
SECTION 3. Notwithstanding any general or special law to the contrary, the department of environmental protection, in consultation with the Toxics Use Reduction Institute established in section 6 of chapter 21I of the General Laws, shall publish an initial: (i) list of toxic chemicals of concern in children’s products, as required by subsection (c) of section 28 of chapter 21A of the General Laws; (ii) list of high priority chemicals in children’s products, as required by subsection (f) of section 28 of chapter 21A of the General Laws; and (iii) list of safer alternative chemicals in children’s products, as required by subsection (g) of section 28 of chapter 21A of the General Laws, not later than 2 years after the effective date of this act.
SECTION 4. Notwithstanding any general or special law to the contrary, the department of environmental protection, in consultation with the Toxics Use Reduction Institute at the University of Massachusetts Lowell, shall submit its first report, as required by subsection (n) of section 28 of chapter 21A of the General Laws, not later than 3 years after the effective date of this act.
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An Act relative to veterans' buyback
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S1750
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SD746
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T10:45:28.787'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T10:45:28.7866667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-31T10:52:03.8733333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-31T10:52:03.8733333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-28T15:01:30.0433333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-04-04T16:46:31.43'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-05-12T13:58:07.1366667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-07-11T12:50:41.31'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1750) of John C. Velis, Steven George Xiarhos, Sal N. DiDomenico and Ryan C. Fattman for legislation relative to veterans' buyback. Public Service.
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SECTION 1. Section 4 of chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “be”, in line 148, the following words:- provided written notice by the retirement board upon entry into service that they are.
SECTION 2. Said section 4 of said chapter 32, as so appearing, is hereby further amended by inserting after the word “member”, in line 151, the following words:- , prior to or within 1 year of vesting pursuant to this chapter,.
SECTION 3. Section 3 of chapter 71 of the acts of 1996, as amended by section 2 of chapter 468 of the acts of 2002, is hereby further amended by striking out the second paragraph.
SECTION 4. Notwithstanding any general or special law to the contrary, any member of a retirement system who is a member in service and a veteran who failed to make the purchase authorized in paragraph (h) of subdivision (1) of section 4 of chapter 32 of the General Laws within the required 180 days pursuant to chapter 71 of the acts of 1996, as amended, shall be given a 1-time opportunity to apply to the retirement system to make said purchase within 1 year from the effective date of this act. Each retirement system shall provide written notice to all members in service of their potential eligibility for this purchase within 90 days of the effective date of this act.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}]
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An Act regulating education administrator retirement
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S1751
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SD760
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T11:19:42.96'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T11:19:42.96'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-08-30T14:50:07.16'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1751/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1751) of John C. Velis for legislation to regulate education administrator retirement. Public Service.
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Subsection 1P of Section 4 of chapter 32 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the word “elect” in line X, the following words:-
Any member of a contributory retirement system who is engaged in an educational administrator position and who was previously engaged in supervising the provision of special education services and ensuring that services specified in each student’s individualized education program are delivered in any non-public school in the commonwealth, if the tuition of all such pupils taught was financed in part or in full by the commonwealth may, before the date any retirement allowance becomes effective for him, establish such service as creditable service by depositing into the annuity savings fund of the system of which he is a member in one sum, or in installments, upon such terms and conditions as the board may prescribe, an amount equal to five per cent of the compensation received by him during such period of service plus buyback interest to the date of such deposit for such previous period, or most recent portion thereof, as he may elect.
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An Act relative to the definition of veteran for public retirees
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S1752
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SD841
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T15:09:57.233'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T15:09:57.2333333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-01T13:47:52.5233333'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1752) of John C. Velis for legislation relative to the definition of Veteran for public retirees. Public Service.
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SECTION 1. Paragraph (b) of subdivision (2) of section 5 of chapter 32 of the General Laws is hereby amended by inserting at the end thereof the following new sentences:-
Upon acceptance of this provision by a retirement system, any member who is a veteran, as defined by clause forty-third of section 7 of chapter 4 of the General Laws, as amended by chapter 116 of the acts of 2004, and who retired under the provisions of sections 5, 10 (1) and 26 (3) of this chapter, before the effective date of said chapter 116, without receiving the additional yearly allowance as a veteran provided therein, shall receive such additional yearly allowance as a veteran under paragraph (b) of subdivision (2) of section 5 or paragraph (c) of subdivision (3) of section 26 of this chapter, whichever is applicable. Acceptance of this pro-vision by a retirement system shall be by a majority vote of the board of each such system, subject to the approval of the legislative body. For the purposes herein, “legislative body” shall mean, in the case of a city, the city council in accordance with its charter, in the case of a town, the town meeting, in the case of a county, the county retirement board advisory council, in the case of a region, the regional retirement board advisory council, in the case of a district, the district members, and, in the case of an authority, the governing body. Acceptance shall be deemed to have occurred upon the filing of a certification of such votes with the commission. For purposes herein, the state teachers’ and state employees’ retirement systems shall be deemed to have accepted this provision.
SECTION 2. The provisions of this act shall be prospective from the date of acceptance of this act and shall not entitle a member, who is entitled to benefits under section 1 of this act, to any retroactive benefits.
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An Act relative to the veteran allowance for public retirees
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S1753
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SD851
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T15:13:35.647'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T15:13:35.6466667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-01T13:47:47.2833333'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1753) of John C. Velis for legislation relative to the veteran allowance for public retirees. Public Service.
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SECTION 1. Paragraph (b) of subdivision (2) of section 5 of chapter 32 of the General Laws, as appearing in the 2022 Official Edition, is amended by inserting after the word “dollars” the following words:- or upon acceptance of paragraph (b 1/2) fifty dollars.
SECTION 2. Paragraph (b) of subdivision (2) of section 5 of said chapter 32, as so appearing, is further amended by deleting in the words “in any case” and inserting in place thereof the following words:- or upon acceptance of paragraph (b 1/2) one thousand dollars.
SECTION 3. Subdivision (2) of section 5 of said chapter 32 is hereby further amended by inserting the following new paragraph:-
(b 1/2) Upon acceptance of this provision by a retirement system, any member of Group 1 or group 2 or Group 4, who is a veteran as defined in section one, shall receive, in lieu of paragraph (b), an additional yearly allowance of fifty dollars for each year of creditable service or fraction thereof; provided, that the total amount of said additional retirement allowance shall not exceed one thousand dollars in any case. Acceptance of this provision by a retirement system shall be by a majority vote of the board of each such system, subject to the approval of the legislative body. For the purposes herein, “legislative body” shall mean, in the case of a city, the city council in accordance with its charter, in the case of a town, the town meeting, in the case of a county, the county retirement board advisory council, in the case of a region, the regional retirement board advisory council, in the case of a district, the district members, and, in the case of an authority, the governing body. Acceptance shall be deemed to have occurred upon the filing of a certification of such votes with the commission. For purposes herein, the state teachers’ and state employees’ retirement systems shall be deemed to have accepted this provision.
SECTION 4. Paragraph (e) of subdivision (2) of section 7 of said chapter 32, as appearing in the 2018 Official Edition, is amended by inserting in line 160 after the dollar amount “$15” the following words:- or upon acceptance of paragraph (f) $50 and is further amended by inserting in line 162 after the dollar amount “$300” the following words:- or upon acceptance of paragraph (f) $1,000.
SECTION 5. Subdivision (2) of section 7 of said chapter 32 is hereby further amended by inserting at the end thereof the following new paragraph:-
(f) Upon acceptance of this provision by a retirement system, any member of Group 1 or group 2 or Group 4, who is a veteran as defined in section one, shall receive, in lieu of paragraph (b), an additional yearly allowance of forty-five dollars for each year of creditable service or fraction thereof; provided, that the total amount of said additional retirement allowance shall not exceed one thousand dollars in any case. Acceptance of this provision by a retirement system shall be by a majority vote of the board of each such system, subject to the approval of the legislative body. For the purposes herein, “legislative body” shall mean, in the case of a city, the city council in accordance with its charter, in the case of a town, the town meeting, in the case of a county, the county retirement board advisory council, in the case of a region, the regional retirement board advisory council, in the case of a district, the district members, and, in the case of an authority, the governing body. Acceptance shall be deemed to have occurred upon the filing of a certification of such votes with the commission. For purposes herein, the state teachers’ and state employees’ retirement systems shall be deemed to have accepted this provision.
SECTION 6. Paragraph (c) of subdivision (2) of section 26 of said chapter 32, as appearing, is amended by deleting the dollar amount “$15”and inserting in place thereof the following dollar amount:- $50 and is further amended by deleting in line 134 the dollar amount $300 and inserting in place thereof the following dollar amount:- $1,000.
SECTION 7. The provisions of this act shall be prospective from the date of acceptance of this act and shall not entitle a member, who is entitled to the benefits provided under this act, to any retroactive benefits.
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An Act protecting veterans’ preference in hiring practices
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S1754
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SD866
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T15:27:29.4'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T15:27:29.4'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1754) of John C. Velis for legislation to protect veterans’ preference in hiring practices. Public Service.
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SECTION 1. Section 2 of chapter 31 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after subsection (f) the following subsection:-
(f½) To hear and decide appeals alleging that a city or town has not provided a veterans’ preference, as required by chapter 96B½ of chapter 41, to an applicant for original appointment to the position of police officer or firefighter in any city or town exempt from this chapter.
SECTION 2. Section 3 of said chapter 31, as so appearing, is hereby amended by inserting after the word “appointments”, in lines 27 and 28, the following words:- ; including, in consultation with the commission prior to promulgating such rules, rules that include the right of an applicant for original appointment to the position of police officer or firefighter in any city or town to appeal to the commission that a city or town has not provided a veterans’ preference, as required by chapter 96B½ of chapter 41, to such applicant.
SECTION 3. Section 1 of chapter 31A of the General Laws, as so appearing, is hereby amended by inserting after the word “hereinafter”, in line 6, the following words:- ; provided, however, that notwithstanding this chapter or any other general or special law, rule, regulation or by-law to the contrary, a city or town shall, for original appointment of any firefighter or police officer, place on eligible lists in the following order the names of the following persons who pass examinations: (1) disabled veterans, in the order of their respective standings; (2) veterans, in the order of their respective standings; (3) widows or widowed mothers of veterans who were killed in action or died from a service connected disability incurred in wartime service, in the order of their respective standings; (4) a son or daughter of a fire fighter or police officer as set forth in paragraphs 7 and 8 of section 26 of chapter 31, in the order of their respective standings; and (5) all others, in the order of their respective standings.
SECTION 4. Section 3 of said chapter 31A, as so appearing, is hereby amended by inserting after the word “preference”, in lines 23 and 24, the following words:- ; provided, however, that any applicant for original appointment to the position of police officer or firefighter in any city or town exempt from the application of said chapter 31 who alleges that a city or town has not provided the preference as required by this exception and section 96B½ of chapter 41 shall be entitled to a hearing before the civil service commission.
SECTION 5. Chapter 41 of the General Laws is hereby amended by inserting after section 96B the following section:-
Section 96B½. (a) Notwithstanding section 3 of chapter 31A or any special law, a disabled veteran, a veteran, a widow or a widowed mother of a veteran killed in action or died from a service connected disability incurred in wartime service or a son or daughter of a fire fighter or police officer as set forth in paragraphs 7 and 8 of section 26 of chapter 31 applying for original appointment to the position of police officer or firefighter in any city or town exempt from said chapter 31, shall have a hiring preference over any other applicant for such position. Such person shall be deemed qualified for the position if he or she applies for, takes and passes the examination for original appointment of such position as provided in chapter 31.
(b) Any person set forth in subsection (a) who alleges that a city or town has not provided the preference as required by this section, or has not complied with any other provision of this section may request a hearing before the civil service commission as provided for in section 3 of chapter 31A.
(c) Any city or town that violates this section shall be subject to a civil penalty not to exceed $5,000 for each such violation. Each day each such violation occurs or continues shall be deemed a separate offense. This penalty shall be in addition to any other penalties that may be prescribed by law or damages allowed by law.
SECTION 6. A city or town exempt from chapter 31 of the General Laws, shall, within 30 days of the passage of this act, post a notice on its municipal website home page that any position for full-time police officer or firefighter position is subject to the hiring preference set forth in this act.
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An Act clarifying call firefighter rights
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S1755
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SD977
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T17:22:03.583'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-18T17:22:03.5833333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-28T14:59:46.9633333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-22T10:09:59.76'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 1755) of John C. Velis and Ryan C. Fattman for legislation to clarify call firefighters rights. Public Service.
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SECTION 1. Section 4(2)(b) of Chapter 32 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by changing the third to the last word from the end of the second sentence from “the” to “any.”
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An Act relative to the Massachusetts fund for vulnerable countries most affected by climate change
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S1756
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SD1418
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T15:50:43.43'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T15:50:43.43'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T11:35:59'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T11:47:23.9966667'}]
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1756) of Michael J. Barrett, Lindsay N. Sabadosa and James B. Eldridge for legislation relative to the Massachusetts fund for vulnerable countries most affected by climate change. Revenue.
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SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after section 35LLL the following section:- Section 35MMM. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts Fund for Vulnerable Countries Most Affected by Climate Change, hereinafter the MFVC, to further the mission of the United Nations Least Developed Countries Fund, hereafter referred to as the UN LDCF, established by the United Nations Framework Convention on Climate Change to help under-developed nations adapt to climate change.
Said MFVC shall be a tax return-enabled contribution option for the purposes of chapter 62 and shall be authorized to receive and hold for transfer to the UN LCDF all monies (a) received by the commonwealth pursuant to section 6O of said chapter 62 and (b) received from public and private sources as gifts, grants and donations to the UN LDCF.
The state treasurer shall deposit monies in said MFVC in accord with state law and in such manner as will secure the highest interest rate available consistent with the safety of the fund; provided, that all amounts on deposit shall thereafter be available for transfer to (a) the UN LDCF upon request by a UN LDCF Trustee pursuant to a UN LDCF Contribution Agreement or (b) a not-for-profit organization that is tax-exempt under section 501(c)(3) of the Internal Revenue Code and whose work furthers the mission of the UN LDCF by providing it with financial support.
SECTION 2. Section 1 of chapter 62 of the General Laws is hereby amended by adding the following subsection:-
(s) “Tax return-enabled contribution option”, any account or fund appearing on a personal income tax return form prescribed and furnished by the commissioner, and to which a person filing a personal income tax return individually, or a couple filing a personal income tax return jointly, may voluntarily contribute all or part of a refund due from the commonwealth or an amount of money over and above any tax owed to the commonwealth.
SECTION 3. Said chapter 62 is hereby further amended by inserting after section 6N the following sections:-
Section 6O. A person filing a personal income tax return individually, or a couple filing a personal income tax return jointly, may voluntarily contribute all or part of a refund due from the commonwealth, or an amount of money over and above any tax owed to the commonwealth, to the Massachusetts Fund for Vulnerable Countries Most Affected by Climate Change, hereinafter the MFVC, established in section 35MMM of chapter 10.
A person filing a personal income tax return individually, or a couple filing a personal income tax return jointly, may make a voluntary contribution to the MFVC with respect to any tax year at the time of the filing of a return of a tax established by this chapter for such year. All personal income tax forms prescribed by and furnished by the commissioner shall include a clear indication of, and a convenient opportunity to exercise, the option to contribute to the MFVC; provided, that said forms and public materials and documents related thereto shall refer to the MFVC contribution option as the “Massachusetts Fund for Vulnerable Countries Most Affected by Climate Change”.
The commissioner shall annually report total monies contributed pursuant to this section to the state treasurer, who shall deposit said monies in the MFVC.
Section 6P (a) Notwithstanding any statute or administrative action to the contrary, no tax return-enabled contribution option shall appear on a personal income tax return form prescribed and furnished by the commissioner without express legislative authorization.
(b) Notwithstanding any statute or administrative action to the contrary, each tax return-enabled contribution option appearing on the personal income tax return form for the immediate past year and for 5 or more total years to which total dollar contributions have not, in any of the 5 most recent years, equaled or exceeded 80 per cent of the average of total dollar contributions made in the respective tax year to all tax return-enabled contribution options included on said form for said year, shall not appear on personal income tax return forms for a minimum of 5 tax years thereafter; provided, that each tax return-enabled contribution option appearing on the personal income tax return form for a total of 4 or fewer years shall, as a condition of continuing to appear on the form after the fifth year of so appearing, have received, in at least one of the initial 5 years, total dollar contributions equal to, or in excess of, 80 per cent of the average of total dollar contributions made in the respective tax year to all tax return-enabled contribution options included on said form for said year; provided, further, that in the event of the failure of a tax return-enabled contribution option to satisfy said condition, said contribution option shall not appear on personal income tax return forms for a minimum of 5 tax years thereafter; and, provided, further, that the commissioner may depart from the requirements of this paragraph only to the extent of ensuring that no fewer than 3 tax return-enabled contribution options, consisting of any combination of (1) new contribution options and (2) contribution options previously authorized and receiving the highest total dollar contributions for the 5 most recent years, shall appear on the personal income tax return forms of the commonwealth for each tax year.
(c) Notwithstanding any other provisions of this section, no more than 9, and no fewer than 3, tax return-enabled contribution options shall appear on personal income tax return forms of the commonwealth for any one tax year.
(d) The text of each tax return-enabled contribution option printed on a personal income tax return form shall indicate the principal entity or entities authorized to assume possession of, expend, or disburse monies in the account or fund associated with said contribution option.
(e) The administrator of each entity that assumes possession of, expends, or disburses monies maintained in an account or fund associated with a tax return-enabled contribution option shall compile an annual report on the account’s or fund’s expenditures and disbursements during the previous tax year. Said annual report shall include, except as is necessary to comply with privacy laws: (1) the identity of each individual, organization, agency or program in receipt of expenditures or disbursements of $2,000 or more from the fund together with the dollar amount received; and (2) a description of the process or criteria according to which said recipients were identified and selected. Said report shall be submitted to the commissioner, joint committee on revenue and house and senate committees on ways and means.
(f) The administrator of each entity that assumes possession of, expends or disburses monies maintained in an account or fund associated with a tax return-enabled contribution option shall provide, except as is necessary to comply with privacy laws, any information requested by the attorney general, state auditor, inspector general, senate or house committees on post audit and oversight, the commissioner or any department, agency or law enforcement body investigating suspected financial abuse. The superior court shall have jurisdiction over disputed requests for information.
(g) The state auditor, pursuant to section 12 of chapter 11, shall audit any accounts or funds associated with each tax return-enabled contribution option once every 5 years at a minimum and more often as the state auditor deems necessary. Following an audit, the auditor shall make recommendations to the commissioner, the senate and house committees on ways and means and the joint committee on revenue about changes in law or regulation that may improve the efficiency and effectiveness of tax return-enabled contribution options and any associated accounts or funds, decrease their costs or prevent waste, fraud or abuse. If the auditor finds substantial waste, fraud or abuse on the part of an administrator of any entity that assumes possession of, expends or disburses monies maintained in an account or fund associated with a tax return-enabled contribution option, the auditor may recommend to the commissioner, in a writing that shall include such findings, that said contribution option be removed from the tax form for a number of tax years or that said administrator be barred from future involvement with said contribution option. Upon receipt of such a recommendation, the commissioner may, notwithstanding any general or special law to the contrary, remove said tax return-enabled contribution option from the tax form for a number of tax years or bar said administrator from future involvement with the contribution option.
(h) The attorney general or the commissioner may independently investigate allegations of waste, fraud or abuse by an administrator of any entity authorized to assume possession of, expend or disburse monies contributed to an account or fund associated with a tax return-enabled contribution option, including allegations referred by the auditor. The attorney general may initiate an action in superior court to enjoin the deposit of monies by the state treasurer in any such account or fund or the expenditure of monies by said administrator. The attorney general or the commissioner may initiate an action in superior court to recover any monies alleged to have been lost because of said waste, fraud or abuse.
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An Act exempting electric vehicle chargers from the sales tax
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S1757
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SD1453
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:29:58.77'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:29:58.77'}]
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1757) of Michael J. Barrett for legislation to exempt electric vehicle chargers from the sales tax. Revenue.
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SECTION 1. Section 6 of chapter 64H of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(yy) Sales of an electric vehicle charging station, as defined in section 16 of chapter 25A, or individual replacement components of an electric vehicle charging station.
SECTION 2. Subsection (yy) of said section 6 of said chapter 64H is hereby repealed.
SECTION 3. Section 2 of this act shall take effect on January 1, 2030.
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An Act relative to the repeal of the sales tax exemption for aircraft
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S1758
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SD1552
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T17:30:18.57'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T17:30:18.57'}]
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1758) of Michael J. Barrett for legislation to repeal certain tax exemptions for aircraft. Revenue.
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Section 6 of chapter 64H of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsections (uu) and (vv).
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An Act relative to charges associated with condominiums in tax title
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S1759
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SD169
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-11T16:31:16.163'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-11T16:31:16.1633333'}]
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 1759) of Michael D. Brady for legislation relative to benefits received by cities and towns prior to foreclosure of the rights of redemption under a tax title or taking. Revenue.
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SECTION 1. Chapter 60 of the General Laws is hereby amended by adding the following section:
Section 61B. Contributions to Common Expenses of Condominium Associations
Whenever a city or town shall have purchased or taken a condominium unit for payment of taxes or other municipal charges due thereon the lien of the city or town shall extend on such unit to reimburse the said city or town for any amounts the said city or town are required by law to pay to a condominium or homeowners’ association for common expense fees, special assessments or other such amounts that would otherwise be owed to the said association by the unit owner. It shall be unnecessary for the city or town to conduct any further proceedings in order to perfect the lien for such amounts to be added to the amount due on the tax title account; and on redemption from such taking or purchase, said amounts paid by the city or town for condominium or homeowners’ association for common expense fees, special assessments or other such amounts that would otherwise be owed to the said association by the unit owner shall be paid to the city or town, and the payment shall be made a part of the terms of redemption, together with costs and interest. The treasurer shall certify to the tax title account any such amounts being added to the said tax title account upon payment to the condominium or homeowners’ association at which point said amounts become part of the terms of redemption. A city or town which has assigned a tax title held by it shall, after such assignment, have all the rights and powers to take or sell the condominium unit affected thereby for the payment of common expense fees, special assessments or other such amounts that would otherwise be owed to the said association by the unit owner if the city or town is adjudged to be liable for such amounts subsequent to assignment of the tax title. Nothing in this section shall be interpreted to independently create or enforce any liability for common expense fees, special assessments or other such amounts that would otherwise be owed to the said association by the unit owner.
SECTION 2. This act shall take effect upon its passage.
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An Act modernizing the Massachusetts alcohol laws
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S176
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SD24
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T10:40:35.53'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T10:40:35.53'}, {'Id': 'TRE7', 'Name': 'Deborah B. Goldberg, Treasurer and Receiver General', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TRE7', 'ResponseDate': '2023-01-17T11:47:33.1733333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-28T17:20:12.6333333'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 176) of Anne M. Gobi, Deborah B. Goldberg, Treasurer and Receiver General and Lindsay N. Sabadosa for legislation to modernize the Massachusetts alcohol laws. Consumer Protection and Professional Licensure.
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SECTION 1. Section 12 of chapter 138 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out wherever they so appear the words:- “and contiguous”.
SECTION 2. Subsection (n) of section 19B of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out the words:- “and contiguous”.
SECTION 3. Subsection (n) of section 19C of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out the words:- “and contiguous”.
SECTION 4. Subsection (o) of section 19E of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out the words:- “and contiguous”.
SECTION 5. Section 19H of chapter 138 of the General Laws, as so appearing, is hereby amended, in line 11, by striking the words:- “and contiguous”.
SECTION 6. Section 23 of chapter 138, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:- No applicant shall be issued a license under this chapter unless such applicant is, with respect to their character, satisfactory to the licensing authorities.
SECTION 7. Section 67 of chapter 138 of the General Laws, as so appearing, is hereby amended, in line 7, by striking out the word “five” and inserting in place thereof the following words:- ten business.
SECTION 8. The fourth paragraph of said section 12 of said chapter 138, as so appearing, is hereby amended by striking out the fourth sentence.
SECTION 9. The first paragraph of section 15 of chapter 138 of the General Laws, as most recently amended by chapter 219 of the acts of 2016, is hereby amended by striking out the sixth sentence.
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An Act establishing a municipal tax assessment increase limit
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S1760
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SD1460
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-18T16:46:24.04'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-18T16:46:24.04'}]
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 1760) of Michael D. Brady for legislation to establish a municipal tax assessment increase limit. Revenue.
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Section 21C of chapter 59 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
(o) The local appropriating authority of any city or town may, by majority vote, seek voter approval to limit the annual increase on the total taxes assessed on real property classified as Class One, residential; provided, however, that the limit shall equal 3 per cent of the annual increase or the percentage change in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, for such year, whichever is lower, for the principal residence of a taxpayer as defined in section 1 of chapter 188; provided further, that the limit shall not exceed 10 per cent of the annual increase for said real property that is not the principal residence of a taxpayer as defined in said section 1 of said chapter 188; and provided further, that the total taxes assessed on said real property shall not exceed the rate based on the full and fair cash valuation of said property. The question submitted to the voters shall be worded as follows:-
“Shall the (city/town) of _________ be allowed to limit the annual increase on the total taxes assessed on real property classified as Class One, residential?
Yes ___ No ___.”
If a majority of the persons voting on the question shall vote “yes”, the local appropriating authority of the city or town shall be allowed to limit the annual increase on the total taxes assessed on real property classified as Class One, residential pursuant to this paragraph; provided, however, that any limits established under this paragraph shall apply automatically; provided further, that any limits established under this paragraph shall not apply to any increases in value to said real property resulting from improvements made by the taxpayer; provided further, that any limit established under this paragraph shall not apply in any fiscal year in which the real property is sold or otherwise transferred for consideration; and provided further, that should a taxpayer cease to reside or intend to reside in said real property as the taxpayer’s principal residence as defined in said section 1 of said chapter 188, the taxpayer shall notify the local assessor’s office within 30 days to avoid the assessment of any penalties or any other real estate obligations.
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An Act protecting the interests of housing cooperative shareholders
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S1761
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SD300
| 193
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-12T16:12:45.05'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-12T16:12:45.05'}]
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Bill
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By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1761) of William N. Brownsberger for legislation relative to providing for income tax rental deductions to certain resident shareholders of housing cooperatives. Revenue.
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Section 3 of chapter 62 of the General Laws, as appearing in the 2020 official edition, is hereby amended in subparagraph (9) by adding the following sentence at the end thereof:- Said deduction shall be available to a resident shareholder of a housing cooperative organized under chapter 156B or chapter 157 who has resided in his or her cooperative unit throughout the tax year and has not claimed a deduction for real estate taxes or mortgage interest on the resident shareholder’s federal income tax return.
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An Act authorizing a local affordable housing surcharge
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S1762
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SD363
| 193
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-13T16:34:58.877'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-13T16:34:58.8766667'}]
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Bill
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By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1762) of William N. Brownsberger for legislation to authorize a local affordable housing surcharge. Revenue.
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The General Laws are hereby amended by inserting after chapter 44B, the following chapter:-
Chapter 44C: Local Affordable Housing Surcharge
(a) Notwithstanding chapter 59 or any other general or special law to the contrary, any city or town, which accepts this chapter in accordance with subsection (b), may impose an affordable housing surcharge on real property at a rate up to, but not exceeding, 2 per cent of the real estate tax levy against real property, as determined annually by the board of assessors. The amount of the surcharge shall not be included in a calculation of total taxes assessed for purposes of section 21C of chapter 59.
(b) This chapter shall only take effect upon approval by a two-thirds vote of the local appropriating authority of the city or town, as defined by section 21C of chapter 59, and acceptance by the voters as a ballot question at the next regular municipal or state election; provided, however, that this chapter shall take effect on July 1 of the fiscal year after such acceptance or a later fiscal year as the city or town may designate.
(c) All exemptions and abatements of real property authorized by chapter 59, or any other law for which a taxpayer qualifies as eligible, shall not be affected by this chapter. A taxpayer receiving an exemption of real property under a clause of section 5 of chapter 59 specifically listed in section 59 of chapter 59 shall be exempt from any surcharge on real property established under this chapter. The surcharge to be paid by a taxpayer receiving any other exemption or abatement of tax on real property authorized by chapter 59 or any other law shall be reduced in proportion to the amount of such exemption or abatement.
(d) Any amount of the surcharge not paid by the due date shall bear interest at the rate per annum provided in section 57 of chapter 59.
(e) The local appropriating authority, as defined by section 21C of chapter 59, may also vote to accept one or more of the following exemptions:
(1) for property owned and occupied as a domicile by a person who would qualify for low income housing or low or moderate income senior housing in the city or town;
(2) for class three, commercial, and class four, industrial, properties as defined in section 2A of chapter 59, in cities or towns with classified tax rates;
(3) for $100,000 of the value of each taxable parcel of residential real property; or
(4) for $100,000 of the value of each taxable parcel of class three, commercial property, and class four, industrial property as defined in section 2A of chapter 59.
(f) A person claiming an exemption provided under this chapter may apply to the board of assessors, in writing, on a form approved by the commissioner of revenue, on or before the deadline for an application for exemption under section 59 of chapter 59. Any person aggrieved by a decision of the assessors or by their failure to act upon such application may appeal, as provided in sections 64 to 65B, inclusive, of chapter 59. Applications for exemption under this chapter shall be open for inspection only as provided in section 60 of chapter 59.
(g) Notwithstanding section 53 of chapter 44 or any other general or special law to the contrary, a city or town that accepts this chapter shall deposit all monies collected from the surcharge, under this chapter, into an affordable housing trust adopted pursuant to section 55C of chapter 44 or special legislation.
(h) Upon acceptance of this chapter and upon the assessors' warrant to the tax collector, the accepted surcharge shall be imposed.
(i) After receipt of the warrant, the tax collector shall collect the surcharge in the amount and according to the computation specified in the warrant and shall pay the amounts so collected, quarterly or semi-annually, according to the schedule for collection of property taxes for the tax on real property, to the affordable housing trust. The tax collector shall cause appropriate books and accounts to be kept with respect to the surcharge, which shall be subject to public examination upon reasonable request.
(j) The remedies provided by chapter 60 for the collection of taxes upon real estate shall apply to the surcharge on real property pursuant to this chapter.
(k) A city or town that has accepted this chapter may revoke its acceptance, or amend the amount of the surcharge, in the manner outlined in subsection (b); provided, however, that it may not amend the applicable surcharge rate more often than once in any 12 month period. Any monies remaining upon revocation shall be transferred to an affordable housing trust.
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An Act to aid economic recovery of the tourism industry
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S1763
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SD1396
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-19T14:54:26.533'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-19T14:54:26.5333333'}]
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1763) of Nick Collins for legislation to aid economic recovery of the tourism industry. Revenue.
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SECTION 1. Paragraph 12 of Section 57c of Chapter 59 of the General Laws, as so appearing, is hereby amended by inserting after the words “interest at the rate of fourteen percent per annum computed from the due date shall be paid” the following words: -
“provided further, for the purposes of taxation in fiscal years 2022, 2023 and 2024, said interest shall not exceed seven percent per annum computed from the due date”.
SECTION 2. Section 64 of Chapter 59 of the General Laws, as so appearing, is hereby amended by inserting after the words “provided, that if the tax due for the full fiscal year on a parcel of real estate is more than $5,000, said tax shall not be abated unless the full amount of said tax due, including all preliminary and actual installments, has been paid without the incurring of any interest charges on any part of said tax pursuant to section 23D, 57 or 57C of chapter fifty-nine of the General Laws” the following: -
“with the exception of tax years 2022, 2023 and 2024, when such prohibition shall not be applied to any bed and breakfast establishment, hotel, lodging house, or motel subject to taxation under Chapter 64G of the General Laws”.
SECTION 3. Section 69 of Chapter 59 of the General Laws, as so appearing, is hereby amended by inserting after the words “with interest on the amount so abated at eight per cent from the time of payment or the due date of the tax, whichever is later” the following: -
“provided further, for the purposes of taxation in fiscal years 2022, 2023 and 2024, said interest shall not exceed four percent per annum computed from the due date”.
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An Act creating a pilot program to enhance economic and community development through live theatrical arts
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S1764
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SD1397
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-19T14:56:51.18'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-19T14:56:51.18'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-10T09:26:46.1333333'}]
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1764) of Nick Collins for legislation to create a pilot program to enhance economic and community development through live theatrical arts. Revenue.
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Section 6 of Chapter 62 of the General Laws, as appearing in the 2008 Official Edition, is further amended by adding the following subsection:
Section 38DD. There shall be established a pilot program for a live theater tax credit program under which a live theater company doing business with a Massachusetts based theater venue, theater company, theater presenter or producer may be eligible. The credit may be claimed against the taxes due pursuant to this chapter. The credit shall be established to support the expansion of pre-Broadway, National Tour launches of off-Broadway shows and pre off-Broadway live theater and Broadway tour launches and shall assist in the development of long run show development and growth.
(a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Commissioner”, the commissioner of revenue.
“Eligible theater production” means a live stage musical, dance or theatrical production or tour being presented in a qualified production facility, as defined in this chapter that is either: (a) a Pre-Broadway production, or (b) a pre off-Broadway production, or (c) a National Tour Launch.
“Eligible theater production certificate” means a certificate issued by the Massachusetts Office of Travel and Tourism certifying that the production is an eligible theater production that meets the guidelines of this chapter.
“Advertising and public relations expenditure” means costs incurred within the state by the Eligible theater productions for goods or services related to the marketing, public relations, creation and placement of print, electronic, television, billboards and other forms of advertising to promote the Eligible theater production.
“Office” means the Massachusetts Office of Travel and Tourism.
"Payroll" means all salaries, wages, fees, and other compensation wages including, but not limited to, taxes, benefits, and any other consideration incurred or paid to talent and non-talent employees of the applicant for services rendered within this state to and on behalf of an eligible theater production. The expenditure shall be incurred or paid by the applicant for services related to any portion of an eligible theater production from its pre-production stages, including, but not limited to, (a) the writing of the script, (b) casting, (c) hiring of service providers, (d) purchases from vendors, (e) marketing, (f) advertising, (g) public relations, (h) load in, (i) rehearsals, (j) performances, (k) other eligible theater production related activities, (l) load out; provided further, said labor expenditure shall be directly attributable to the eligible theater production and shall be limited to the first $100,000 of wages incurred or paid to each employee of an eligible theater production in each tax year.
“Pre-Broadway Production” means a live stage production that, in its original or adaptive version, is performed in a qualified production facility having a presentation scheduled for New York City’s Broadway theater district within (24) months after its Massachusetts presentation.
“Pre-Off Broadway Production” means a live stage production that, in its original or adaptive version, is performed in a qualified production facility having a presentation scheduled for New York City’s Off-Broadway s theater district within (24) months after its Massachusetts presentation.
“National Tour Launch” means a live stage production that, in its original or adaptive version, is performed in a qualified production facility and opens its National tour in Massachusetts.
“Production and Performance Expenditures” means a contemporaneous exchange of cash or cash equivalent for goods or services related to development, production, performance or operating expenditures incurred in this state for a qualified theater production including, but not limited to, expenditures for design, construction and operation, including sets, special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with sound, lighting, staging, payroll, transportation expenditures, advertising and public relations expenditures, facility expenses, rentals, per diems, accommodations and other related costs.
“Qualified Production Facility” means a facility located in the State of Massachusetts in which live theatrical productions are, or are intended to be, exclusively presented that contains at least one stage, a seating capacity of one hundred seventy-five (175) or more seats, and dressing rooms, storage areas, and other ancillary amenities necessary for the Eligible theater production.
“Massachusetts Office of Travel and Tourism” means the office within the secretariat of economic development that has been established in order to market Massachusetts as a leisure travel destination in order to generate state and local tax revenues, create jobs, and support travel-related businesses.
“Transportation expenditures” means expenditures for the packaging, crating, and transportation both to the state for use in a qualified theater production of sets, costumes, or other tangible property constructed or manufactured out of state, and/or from the state after use in a qualified theater production of sets, costumes, or other tangible property constructed or manufactured in this state and the transportation of the cast and crew to and from the state. Such term shall include the packaging, crating, and transporting of property and equipment used for special and visual effects, sound, lighting, and staging, costumes, wardrobes, make-up and related accessories and materials, as well as any other performance or production-related property and equipment.
(b) Any person, firm, partnership, corporation, trust, estate or other entity that receives an eligible theater production certificate shall be allowed a tax credit equal to thirty-five percent (35%) of the total in state labor costs and twenty five percent (25%) of the production and performance expenditures and transportation expenditures as well as all out of state labor costs for the eligible theater production and to be computed as provided in this chapter against a tax imposed by this chapter. Said credit shall not exceed five million dollars ($5,000,000) and shall be limited to certified production cost directly attributable to activities in the state and transportation expenditures defined above. The total production budget shall be a minimum of one hundred thousand dollars ($100,000).
(c) No more than five million dollars ($5,000,000) in total may be issued for any tax year for musical and theatrical production tax credits pursuant to this chapter. If the total amount of allocated credits applied for in any particular year exceeds the aggregate amount of tax credits allowed for such year under this chapter, such excess shall be treated as having been applied for on the first day of the subsequent year.
(d) The tax credit shall be allowed against the tax for the taxable period in which the credit is earned and can be carried forward for not more than five (5) succeeding tax years.
(e) Credits allowed to a company, which is a subchapter S corporation, partnership, or a limited liability company that is taxed as a partnership, shall be passed through respectively to persons designated as partners, members or owners of such companies on a pro rata basis or pursuant to an executed agreement among such persons designated as subchapter S corporation shareholders, partners, or members documenting an alternate distribution method without regard to their sharing of other tax or economic attributes of such entity.
(f) If the company has not claimed the tax credits in whole or part, taxpayers eligible for the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or otherwise to any individual or entity and such assignee of the tax credits that have not claimed the tax credits in whole or part may assign, transfer or convey the tax credits, in whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use acquired credits to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed pursuant to this chapter. The assignee may apply the tax credit against taxes imposed on the assignee for not more than five (5) succeeding tax years. The assignor shall perfect the transfer by notifying the commissioner of revenue, in writing, within thirty (30) calendar days following the effective date of the transfer and shall provide any information as may be required by the commissioner to administer and carry out the provisions of this section.
(g) For purposes of this chapter, any assignment or sales proceeds received by the assignor for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from tax under this title.
(h) In the case of a corporation, this credit is only allowed against the tax of a corporation included in a consolidated return that qualifies for the credit and not against the tax of other corporations that may join in the filing of a consolidated tax return, provided, however, that in the case of a corporation that files a consolidated return with one or more other corporations with operations in Massachusetts, the credit will be allowed to be included in a consolidated return with respect to such corporations with operations in Massachusetts only.
(i) The applicant or applicants shall properly prepare, sign and submit to the Massachusetts office of travel and tourism an application for initial certification of the theater production. The application shall include such information and data as the office deems reasonably necessary for the proper evaluation and administration of said application, including, but not limited to, any information about the theater production company or their related partners/presenters and a specific Massachusetts live theater or musical production. The office shall review the completed applications and determine whether it meets the requisite criteria and qualifications for the initial certification for the production and/or presentation. If the initial certification is granted, the office shall issue a notice of initial certification of the eligible theater production and/or presentation to the theater production company, co-producer or presenter and to the commissioner. The notice shall state that, after appropriate review, the initial application meets the appropriate criteria for conditional eligibility. The notice of initial certification will provide a unique identification number for the production/presentation and is only a statement of conditional eligibility for the production/presentation and, as such, does not grant or convey any Massachusetts tax benefits.
(j) Upon completion of an eligible theater production, the applicant or applicants shall properly prepare, sign and submit to the office an application for final certification of the eligible theater production. The final application shall also contain a cost report and an accountant’s certification. The office and commissioner may rely without independent investigation, upon the accountant s certification, in the form of an opinion, confirming the accuracy of the information included in the cost report. Upon review of a duly completed and filed application and upon no later than thirty (30) days of submission thereof, the commissioner will make a determination pertaining to the final certification of the eligible theater production and the resultant tax credits.
(k) Upon determination that the company qualifies for final certification and the resultant tax credits, the commissioner shall issue to the company: (1) an eligible theater production certificate; and (2) a tax credit certificate in an amount in accordance with section (b) hereof. A musical and theatrical production company is prohibited from using state funds, state loans or state guaranteed loans to qualify for the live theater tax credit. All documents that are issued by the office pursuant to this section shall reference the identification number that was issued to the production as part of its initial certification.
(l) The Massachusetts office of travel and tourism, in consultation as needed with the commissioner of revenue, shall promulgate such rules and regulations as are necessary to carry out the intent and purposes of this chapter in accordance with the general guidelines provided herein for the certification of the production and the resultant production credit.
(m) If information comes to the attention of the Massachusetts Office of Travel and Tourism that is materially inconsistent with representations made in an application, the office may deny the requested certification. In the event that tax credits or a portion of tax credits are subject to recapture for ineligible costs and such tax credits have been transferred, assigned and/or allocated, the state will pursue its recapture remedies and rights against the applicant of the theater production tax credits. No redress shall be sought against assignees, sellers, transferees or allocates of such credits.
(n) No credits shall be issued on or after January 1, 2026 unless the production has received initial certification under this section prior to January 1, 2026.
(o) The secretary of housing and economic development, in conjunction with the commissioner of revenue, shall make a report on the impact of the live theater pilot program and deliver report to the president of the state senate, the senate committee on ways and means, the speaker of the house of representatives, the house committee on ways and means and the joint committee on economic development and emerging technologies by December 31, 2025. The secretary and commissioner shall collaborate with the live theater industry to collect the relevant data for the report. Said report shall include but not be limited to the following information regarding live theater in Massachusetts during the pilot program:
1.) The number of shows that have come to Massachusetts since passage of this section.
2.) The number of live show days since passage of this section.
3.) Analysis of the number of shows and live show days after passage of this section as compared to before passage of this section.
4.) Total spending by live theater productions on local businesses and vendors including supplies, hotels, car rental, food and beverage, and items related to the live theater production.
5.) Total spending on local labor to set-up, support and take down each production including total work hours.
6.) The number of ticket orders from outside Massachusetts.
7.) The number of ticket orders from outside the United States.
8.) The impact on local businesses in proximity to live theaters including hotel room nights and restaurants.
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An Act to extend the Brownfields Tax Credit
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S1765
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SD1405
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:50:21.113'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:50:21.1133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1765/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1765) of Nick Collins for legislation to extend the Brownfields Tax Credit. Revenue.
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SECTION 1. Subsection (j)(1) of Section 6 of chapter 62 of the General Laws is hereby amended by striking out, in line 2, the figure “2023” and inserting in place thereof the following figure:- “2028”
SECTION 2. Said subsection (j)(1) of Section 6 of chapter 62 is hereby further amended by striking out, in line 6, the figure “2024” and inserting in place thereof the following figure:- “2029”
SECTION 3. Section 38Q of chapter 63 of the General Laws, is hereby amended by striking out, in line 2, the figure “2023” and inserting in place thereof the following figure:- “2028”
SECTION 4. Said section 38Q of said chapter 63, as so appearing, is hereby further amended by striking out, in line 6, the figure “2024” and inserting in place thereof the following figure:- “2029"
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An Act protecting the fair share amendment
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S1766
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SD2237
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T14:22:31.617'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T14:22:31.6166667'}, {'Id': 'SOS7', 'Name': 'William Francis Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SOS7', 'ResponseDate': '2023-01-27T09:35:25.5133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1766/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1766) of Nick Collins and William Francis Galvin for legislation to protect the fair share amendment. Revenue.
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Section 1. Chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after Section 35SSS the following section:-
“Section 35TTT: Fair Share Fund
Section 35TTT. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Fair Share Fund, to provide the resources for quality public education and affordable public colleges and universities, and for the repair and maintenance of roads, bridges and public transportation in the commonwealth in accordance with Article CXXI of the Constitution. Said fund shall consist of all revenues received by the commonwealth and credits: (1) under the provisions of section two of chapter sixty-two; or (2) from public and private sources as gifts, grants, and donations to further the goals enumerated in article CXXI of the Constitution.
All revenues credited under this section shall remain in said Fair Share Fund: to be expended, subject to appropriation by the legislature, for the purpose of advancing public education, improving the affordability of public colleges and universities, and for the repair and maintenance of roads, bridges, and public transportation. The state treasurer shall not deposit said revenues in or transfer said revenues to the General Fund or any other fund other than the Fair Share Fund
The state treasurer shall receive and deposit all revenues transmitted to him under the provisions of this section in such manner that will ensure the highest rate of interest available consistent with the safety of the fund, and in an account from which amounts may be withdrawn at any time without penalty for such withdrawal, all interest accrued shall be deposited into the fund.”
Section 2. Subsection (B) of subsection 3 of section 2 of Chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end thereof the following paragraph:
“Persons over the age of sixty-five years who sell a principal residence which they have continually owned for more than thirty years and who meet the income eligibility requirements for real estate tax abatements in their city or town shall be exempt from the application of the surtax authorized by Article XLIV of the Massachusetts Constitution as most recently amended (by Article CXXI of the Massachusetts Constitution) to an amount not to exceed $750,000.”
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An Act relative to small businesses and homeowners
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S1767
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SD2409
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T16:59:34.577'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T16:59:34.5766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1767/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1767) of Nick Collins for legislation relative to small businesses and homeowners. Revenue.
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Income generated from one-time sales of small businesses of residential properties shall be exempt of the application of the surtax XLIV of the Massachusetts constitution as most recently amended.
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An Act improving the earned income credit for working families
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S1768
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SD260
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:34:16.887'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:34:16.8866667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-27T09:40:37.4566667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:41:53.5166667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T15:01:05.6333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1768/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1768) of Joanne M. Comerford, Michael J. Barrett and Jason M. Lewis for legislation to improve the earned income credit for working families. Revenue.
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SECTION 1. Section 6 of chapter 62 of the General Laws is hereby amended by striking out subsection (h) and inserting in place thereof the following subsection:-
(h) (1) A taxpayer shall be allowed a credit against the taxes imposed by this chapter if such person qualified for and claimed the earned income credit, so called, allowed under the provisions of section 32 of the Code, as amended and in effect for the taxable year, or such person would otherwise have qualified for the earned income credit or would have been able to claim additional qualifying children for the earned income credit but for subsection (m) of section 32 of the Code. With respect to a person who is a nonresident for all or part of the taxable year, the credit shall be limited to 50 per cent of the federal credit multiplied by a fraction the numerator of which shall be the earned income of the nonresident from Massachusetts sources and the denominator of which shall be the earned income of the nonresident from all sources. The credit allowed by this subsection shall equal 50 per cent of the federal credit received by the taxpayer, or otherwise eligible to be received by the taxpayer but for subsection (m) of section 32 of the Code for the taxable year. If other credits allowed under this section are utilized by the taxpayer for the taxable year, the credit afforded by this subsection shall be applied last. If the amount of the credit allowed hereunder exceeds the taxpayer's liability, the commissioner shall treat such excess as an overpayment and shall pay the taxpayer the amount of such excess, without interest.
(2) For the purposes of this subsection, a married taxpayer shall satisfy the joint filing requirement under section 32 of the Code if the taxpayer files an income tax return using a filing status of married filing separately and the taxpayer: (i) is living apart from the taxpayer’s spouse at the time the taxpayer files the tax return; (ii) is unable to file a joint return because the taxpayer is a victim of domestic abuse; and (iii) indicates on the taxpayer’s income tax return that the taxpayer meets the criteria of clauses (i) and (ii).
(3) For the purposes of this subsection, an individual (or, if the individual is married, either the individual or the individual's spouse) who has attained age 18 before the close of the taxable year, shall be deemed to have satisfied the eligibility requirement under subsection (c)(1)(A)(ii)(ii) of section 32 of the Code.
(4) In order to ensure the widest possible dissemination of the state and federal earned income credit, the department shall: (i) provide all employers with a multilingual poster and a notice that sets forth the rights to the earned income credit under this chapter; (ii) require that all employers doing business in the commonwealth post information about the earned income credit in a conspicuous location at the place of employment; (iii) coordinate a notification system by the commonwealth about the earned income credit to applicants for and recipients of unemployment insurance under chapter 151A, applicants for and recipients of transitional assistance benefits, including food stamps, under chapter 18, and to recipients of subsidized health insurance under chapter 118E; and (iv) collaborate with labor organizations, chambers of commerce, municipalities, community-based organizations, and taxpayer advocates to disseminate information about the earned income credit. The multilingual poster and notice requirement in clause (i) shall comply with the requirements for employer’s unemployment notices under clauses (i) and (iii) of subsection (d) of section 62A of chapter 151A.
SECTION 2. Section 1 of this act shall be effective January 1, 2024.
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An Act to reform payments in lieu of taxes for state-owned land
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S1769
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SD280
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:59:34.64'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:59:34.64'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-06-21T12:42:44.3233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1769/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1769) of Joanne M. Comerford for legislation to reform payments in lieu of taxes for state-owned land. Revenue.
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SECTION 1. Section 13 of chapter 58 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Reimbursement percentage”.
SECTION 2. Section 15 of said chapter 58, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “reimbursement percentages”.
SECTION 3. Section 16 of said chapter 58, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “reimbursement percentage”.
SECTION 4. Said chapter 58 is hereby further amended by striking out section 17, as so appearing, and inserting in place thereof the following section:-
Section 17. Annually, not later than November 20, the state treasurer shall reimburse each city and town in which state-owned land is located, an amount in lieu of taxes upon the value of such land as reported by the commissioner under section 16, determined by multiplying each $1,000 of valuation, or fractional part thereof, by the rate and in an amount provided for at a rate equal to the average of the annual rates for the 3 years preceding that in which such value is laid, said annual rates to be determined by an apportionment of the whole amount of money to be raised by taxation upon property in the commonwealth during each of the 3 preceding years, as returned by the assessors of each city and town under this section and approved by the commissioner, upon the aggregate valuation of all cities and towns for each of the 3 preceding years, as returned under section 10C; provided, however, that the amount reimbursed shall not be less than that paid in the prior year, except for the value of land removed from the annual statement of fair cash valuation.
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An Act extending pandemic-related relief for dining establishments
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S177
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SD159
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-11T15:21:41.417'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-11T15:21:41.4166667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-02T16:03:24.1066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S177/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 177) of Anne M. Gobi and Patrick M. O'Connor for legislation to extend pandemic-related relief for dining establishments. Consumer Protection and Professional Licensure.
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SECTION 1. Section 15 of Chapter 42 of the Acts of 2022 is hereby amended by striking out the words “April 1, 2023” and inserting in place thereof the following words:- “April 1, 2024”.
SECTION 2. Section 19 of Chapter 42 of the Acts of 2022 is hereby amended by striking out the words “April 1, 2023” and inserting in place thereof the following words:- “April 1, 2024”.
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An Act for a new forestry deal for Massachusetts private and municipal forest landowners
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S1770
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SD297
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:19:05.607'}
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[{'Id': None, 'Name': 'Mike Leonard', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-12T12:19:05.6066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1770/DocumentHistoryActions
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Bill
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By Ms. Comerford (by request), a petition (accompanied by bill, Senate, No. 1770) of Mike Leonard for legislation for a new forestry deal for Massachusetts private and municipal forest landowners. Revenue.
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I. Reforming the Chapter 61/61A Forest & Farm Land Tax Programs to Encourage Enrollment:
1.Repeal the “Right of First Refusal” when landowners withdraw from the programs which no other state in the country has and scares away many landowners from enrolling. In addition, eliminate the conveyance tax for early withdrawal and reduce the rollback tax to two years if landowners withdraw from the program.
2.Reduce the tax on all acreage that is enrolled in the program to zero. Residential development costs towns money because more town services are needed to support new development whereas enrolled forest land cost towns almost nothing.
3.Reduce the minimum forest acreage for the Chapter 61 Forest Land Tax Program to five acres as it is in the Chapter 61A Farm Land Tax Program.
4.Provide $2 million/year to the Working Forest Initiative for new Chapter 61/Forest Stewardship Plans.
5. Eliminate the pilot Climate Forestry Program. Henceforth, all forested acreage that is enrolled in the Chapter 61/61A will be considered good for the climate.
6. Eliminate the “Foresters for the Birds” Program. All forestry will be accepted as being good for birds and all other wildlife populations.
7. There will no need for DCR to launch a new Forest Resilience Program by the end of 2023. Encouraging more landowners to enroll in the Chapter 61/61A Programs will be far more efficient than starting another new program which will provide no significant benefits.
8. Provide Forest landowners an annual tax credit of $100/acre/year for all acreage that is enrolled in the Chapter 61/61A Forest & Farm Land Tax Programs which would provide some compensation to landowners for all the ecosystem benefits they provide to the Commonwealth such as clean air, clean water, wildlife habitat, and CO2 sequestration which is estimated to be $1,000/acre/year or more. Cities and towns will be provided a state grant of $100/acre/year for all municipal watersheds and all city and town conservation land that have a Forest Management Plan. These credits and grants would provide the support to better manage these forest lands.
9. Provide for an enhanced Chapter 61 to make it easy for landowners to permanently protect their forests in a Conservation Easement. Licensed Foresters would help landowners do this by using an easy one-page form which would be recorded at the Registry of Deeds. This would greatly reduce the very high costs associated with Land Trusts saving landowners millions of dollars in unnecessary costs and encourage more landowners to permanently protect their forest land. Landowners would be paid fair market value for their Conservation Easements with funds to support the program coming from the Environmental/Climate Bond Bill and any future Environmental/Climate Bond Bill.
10. Less than 20% of all private forest land in Massachusetts is enrolled in the Chapter 61 Forest Land Tax Program in contrast to NH which has a 60% enrollment rate in their Current Use Program. The goal should be to get at least 50% of all private forest land enrolled in this critical program.
II. Reforming the Chapter 132 Forest Cutting Law to Improve Forest Productivity:
1. All Forest Cutting Plans will be for Long Term Forest Management. The “Short-term Harvest” (also known as destructive high-grade logging) will be eliminated. The method to determine if a Forest Cutting Plan is for Long-term Forest Management will be the same as it is in the Chapter 132 Guidance Document: “Appendix B: Procedure for Long-Term Management Determination/Short-Term Harvest Determination”.
2.All towns will adhere to a new state rule called “A Right to Practice Forestry” with an approved Forest Cutting Plan. This will supersede all local bylaws concerning forestry and will be identical to “Right to Farm” bylaws. This will mean that no local Zoning By-Law may prohibit, unreasonably regulate, or require a special permit for the use of forest land for the primary purpose of forestry. All local wetlands bylaws will be superseded with an approved Forest Cutting Plan because the practice of silviculture and forest management will be an allowed use.
3.All mitigation requirements mandated by the Natural Heritage Program will be eliminated with an approved Forest Cutting Plan. Instead, voluntary measures will be suggested with the approved Forest Cutting Plan as it is in other states. This will make it much easier for landowners to manage their forest land which has been arbitrarily designated as rare species habitat often without any evidence. Maintaining land as forest provides the best protection for wildlife habitats.
III. Reforming the Massachusetts Forester Licensing Law:
1.Forester Licensing will be moved out of DCR and put in the Division of Professional Licensure with all the other licensed professionals. This will allow Licensed Foresters to have the same protections as do other Licensed Professionals and it will also allow for greater consumer protection for landowners. This move will also eliminate DCR’s Forester Licensing Board.
2.A Massachusetts Forester’s License will be good for three years instead of one. The CFE (Continuing Forestry Education) credits needed for renewal will be reduced from 20 credits/year down to 10 credits/year. This compares with MA Licensed Timber Harvesters who only need 3 credits/year to maintain their licenses.
3.Encourage the creation of a New England Forester’s License by accepting the licenses of foresters from other states if they accept ours.
IV. Improving DCR’s Forestry Operations for Massachusetts Landowners:
1. All Chapter 61 Forest Management Plans and Forest Stewardship Plans will automatically be approved and registered by a DCR Forestry Clerk upon receipt when filed by a Massachusetts Licensed Forester. Reviews of Forest Management/Forest Stewardship Plans by DCR Service Foresters will be eliminated. Forest Cutting Plans will continue to be reviewed by the DCR Service Foresters and all Forest Cutting Plans must fall within the Recommended Management Practices in the Forest Management/Forest Stewardship Plans unless the Management Plans are amended. Once Forester Licensing is moved to the Division of Professional Licensure, Licensed Foresters will stamp their Forest Management Plans and Forest Cutting Plans and the state will accept it like they do for engineers and surveyors.
2. All Forest Cutting Plans will be checked for complete information only and approved/disapproved by DCR Service Foresters within 10 working days as it is now. DCR Service Foresters will do everything they can to facilitate the approval of all Forest Cutting Plans by notifying the applicants for corrections before disapproving.
3. When private landowners call DCR inquiring about forestry services they will be referred to the MA Directory of Licensed Foresters.
V. Encourage the Development of Forest Industry in Massachusetts:
1. Encourage the use of locally produced renewable firewood and regionally produced wood pellets to reduce the use of imported heating oil. High-efficiency wood and pellet heating systems are a cost-effective way to heat homes and businesses. Provide a rebate payment of 50% of the system and installation cost, up to a maximum of $15,000, for Massachusetts residents who invest in high-efficiency (80% or greater), bulk-fuel fed, wood-pellet central heating boilers and furnaces. Provide rebates of up to $3,000 to Massachusetts residents for a new wood stove change-out program to help pay for replacement of uncertified wood stoves with cleaner, EPA-certified wood or pellet stoves. Provide a 50% cost share up to $50,000 for all Massachusetts schools and municipal buildings to install a wood heating system.
2 Encourage the use of a wood pellet manufacturing industry in Massachusetts by providing a 30% investment tax credit of a project’s cost.
3. Encourage the use of regionally produced Cross Laminated Timber (CLT) in new construction especially public buildings by providing a sales tax exemption for all CLT that is used in any new construction project.
4. Provide a Job Tax Credit of $5,000 for every new job created in forestry and forest products industries that are located in Massachusetts.
VI. Improve Forest Health and Forest Productivity:
1.Non-native insect infestations such as the spongy moth caterpillar, the hemlock wooly adelgid, the emerald ash borer, the Asian longhorned beetle, and other insect pests will be monitored and control measures encouraged. Aerial spraying of organic BT will be done for the control of the spongy moth caterpillar as needed.
2.Enact a comprehensive program to control non-native invasive plants which are a huge threat to our forest ecosystems. Require that all cities and towns develop an invasive plant control program that would include all town roads and town owned property including schools, recreation areas, parks, and conservation land. Contact all landowners to educate them on the need to control invasive plants and practice good forestry. Invasive Control Management Plans will be paid for by an increase in local aid and Plans for all cities and towns will be reviewed and approved by DCR’s Director of Forest Stewardship.
VII. The Regional Greenhouse Gas Initiative (RGGI) is a cooperative effort by Northeast and Mid-Atlantic States to reduce CO2 emissions from large fossil fuel power plants. MA receives about $50 million/year from RGGI Auctions. The proceeds from the auctions go to energy efficiency and other projects but nothing goes to forestry. The New Forestry Deal will require that 50% of all auction revenue go to forest landowners to help pay for the tax credits and grants. The RGGI has a “forestry protocol” but it has done nothing to help forestry in Massachusetts,
VIII. Mandate a no net loss of forest land from the construction of all solar farms. All new solar farms will be confined to landfills and other brownfields.
IX. Conclusion: Encouraging the protection and management of private forest land is critical to sustain our environment for future generations in Massachusetts and sequester up to 20% of our greenhouse gas emissions making it easier to reach net zero by 2050. The goal of increasing the total amount of protected forest land in Massachusetts from one million acres to 2.5 million acres which is an area equal to ½ of the state’s land area can only be achieved by passing “A New Forestry Deal for Massachusetts Landowners”.
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An Act granting a local option for a real estate transfer fee to fund affordable housing
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S1771
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SD1982
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-19T21:50:16.81'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-19T21:50:16.81'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-02T11:17:57.8533333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-09T15:58:45.8566667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T12:36:45.8333333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-31T13:29:51.1033333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T14:41:26.4'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-03-06T09:30:35.25'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-28T17:48:46.93'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-30T13:13:07.7033333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-01T10:21:23.4266667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-05-17T11:05:10.6866667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-06T12:08:12.6066667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-15T09:52:35.66'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-15T14:45:11.1266667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-25T14:03:27.61'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-06-12T13:37:13.7033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1771/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1771) of Joanne M. Comerford, Patricia D. Jehlen, Sal N. DiDomenico, Michael J. Barrett and other members of the General Court for legislation to grant a local option for a real estate transfer fee to fund affordable housing. Revenue.
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SECTION 1. Subsection (c) of section 55C of chapter 44 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the figure “44B”, in line 8, the following words:- and section 55D.
SECTION 2. Said section 55C of said chapter 44, as so appearing is hereby further amended by inserting after the word “revenue”, in line 45, the following words:- provided further, that any such money received from section 55D shall be used exclusively for adaptive reuse, production or preservation of affordable housing or affordable housing purposes as that term is defined in section 55D.
SECTION 3. Subsection (d) of said section 55C of said chapter 44, as so appearing, is hereby further amended by inserting after the word “fee”, in line 99, the following words:- , transfer fee.
SECTION 4. Chapter 44 of the General Laws is hereby amended by inserting after section 55C the following section:-
Section 55D. (a) For purposes of this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Affidavit of transfer fee”, an affidavit signed under the pains and penalties of perjury by the settlement agent that attests to (a) the true and complete purchase or sale price of the transfer of the real property interest; (b) the amount of the fee owed or the basis, if any, upon which the transfer is exempt from the fee imposed by said transfer; (c) the amount that the purchaser and seller are responsible for paying as required by the bylaw, ordinance or regulation allocating the transfer fee in accordance with this section; and (d) the obligation of the settlement agent to make payment of the transfer fee to the city, town or regional affordable housing commission.
“Affordable housing purposes”, uses allowed by the municipal affordable housing trust fund or regional affordable housing commission fund into which funds are deposited hereunder.
“Affordable housing restriction", a recorded instrument held by a qualified holder which encumbers or restricts a real property interest so that the real property interest is perpetually or for a term of at least 30 years limited to use as a residence occupied by a low or moderate income household with Area Median Income, as defined by the federal department of Housing and Urban Development, not to exceed the income limits to which the Municipal Affordable Housing Trust Fund or Regional Affordable Housing Commission is subject. A “qualified holder” is a governmental body or charitable corporation or trust which qualifies under the terms of chapter 184 to hold an affordable housing restriction.
“Member cities and towns”, cities or towns that are members of a regional affordable housing commission.
“Municipal affordable housing trust fund”, a municipal affordable housing trust fund established pursuant to section 55C, or any other municipal trust fund established pursuant to a law of the commonwealth providing for the creation and preservation of affordable housing in a particular city or town.
"Purchaser", the transferee, grantee, or recipient of any real property interest.
"Purchase price" or “sale price,” all consideration paid or transferred by or on behalf of a purchaser to a seller or the seller’s nominee, or for the seller’s benefit, for the transfer of any real property interest, and shall include, but not be limited to: (i) all cash or its equivalent so paid or transferred; (ii) all cash or other property paid or transferred by or on behalf of the purchaser to discharge or reduce any obligation of the seller; (iii) the principal amount of all notes or their equivalent, or other deferred payments, given or promised to be given by or on behalf of the purchaser to the seller or the seller’s nominee; (iv) the outstanding balance of all obligations of the seller which are assumed by the purchaser or to which the real property interest transferred remains subject after the transfer, determined at the time of transfer, but excluding real estate taxes and other municipal liens or assessments which are not overdue at the time of transfer; (v) the fair market value, at the time of transfer, of any other consideration or thing of value paid or transferred by or on behalf of the purchaser, including, but not limited to, any property, goods or services paid, transferred or rendered in exchange for such real property interest.
"Real property interest", any present or future legal or equitable interest in or to real property, and any beneficial interest therein, including the interest of any beneficiary in a trust which holds any legal or equitable interest in real property, the interest of a partner or member in a partnership or limited liability company, the interest of a stockholder in a corporation, the interest of a holder of an option to purchase real property, the interest of a purchaser or seller under a contract for purchase and sale of real property, and the transferable development rights created under chapter 183A; but shall not include any interest which is limited to any of the following: the dominant estate in any easement or right of way; the right to enforce any restriction; any estate at will or at sufferance; any estate for years having a term of less than 30 years; any reversionary right, condition, or right of entry for condition broken; and the interest of a mortgagee or other secured party in any mortgage or security agreement.
“Regional affordable housing commission”, a regional trust, bank, board or like entity created pursuant to general or special law for the creation and preservation of affordable housing as described in the general or special law establishing such entity, and whose membership includes two or more cities or towns. If a city or town is a member of a regional affordable housing commission, any authority granted to a city, town, or regional affordable housing commission pursuant to this section shall be exercised solely by the regional affordable housing commission.
“Regional affordable housing commission fund” a fund established by general or special law for the use of a regional affordable housing commission for the creation and preservation of affordable housing as defined in the general or special law establishing such fund.
"Seller", the transferor, grantor, or immediate former owner of any real property interest.
“Settlement Agent”, an escrow agent, real estate attorney, or representative of a lender or title company that conducts the closing or settlement of the sale or transfer of a real property interest including the coordination of the attendance and document signing for all the parties, verification that each party to the transfer has performed their required responsibilities as outlined in the contract and the disbursement of all funds, along with the title and deed, to the appropriate parties after checking that all conditions are met at the close of the transfer transaction.
"Time of transfer", of any real property interest, shall mean the time at which such transfer is legally effective as between the parties thereto, and, in any event, with respect to a transfer evidenced by an instrument recorded with the appropriate registry of deeds or filed with the assistant recorder of the appropriate registry district, not later than the time of such recording or filing.
(b) A city or town that has established a municipal affordable housing trust fund pursuant to section 55C or any other municipal affordable housing trust fund established by a law of the commonwealth providing for the creation and preservation of affordable housing in municipalities for the benefit of low and moderate income households or for the funding of community housing, as defined in and in accordance with chapter 44B, or a regional affordable housing commission, as applicable, may impose a fee upon the transfer of any real property interest in any real property situated in the city or town, or member cities and towns, as described and as subject to conditions and exemptions described herein.
(i) A city, town, or regional affordable housing commission, as applicable, may establish different transfer fees for categories of properties, defined by the tax classification and the value of a property; provided, however, that the fee shall be no less than .5 per cent and no more than 2 per cent of the purchase price of such real property interest.
(ii) The city or town or regional affordable housing commission, as applicable, shall have the authority to designate whether the transfer fee shall be borne by the purchaser, the seller or how it will be allocated between the two.
(iii) A purchaser, seller, or settlement agent in advance of the time of transfer shall request and the city or town or regional affordable housing commission, as applicable, shall provide to a purchaser, seller or settlement agent in advance of the time of transfer a certificate indicating the dollar amount of the transfer fee owed based on the agreed upon purchase price as evidenced by an executed purchase and sale agreement, contract for sale or other document evidencing the agreed upon purchase price or that the transfer is exempt from the transfer fee, stating the basis for the exemption.
(iv) Whenever the transfer of a real property interest will occur at or about the same time as a conveyance of personalty related thereto, the allocations of payments between real estate and personalty agreed to by the purchaser and seller shall not determine the calculation of the transfer fee due pursuant to this section; instead, the calculation of the fee with respect to such transfer shall be determined by the city, town, or regional affordable housing commission, as applicable.
(v) The transfer fee shall be paid within 7 days of the time of transfer by the settlement agent to the city or town, or its designee, or to the regional affordable housing commission or its designee, as applicable, and shall be accompanied by a copy of the deed or other instrument recorded or registered with the registry of deeds for the county in which the real property interest is located, or the assistant recorder for the registry district of the county in which the real property interest is located, and a copy of the affidavit of transfer fee. The city or town, or its designee, or the regional affordable housing commission, or its designee, as applicable, shall promptly thereafter execute and issue a certificate indicating that the appropriate fee has been paid.
(vi) Upon receipt of a transfer fee by a city or town, the treasurer of the city or town shall deposit the transfer fee in the city or town’s municipal affordable housing trust fund established pursuant to section 55C or any other municipal affordable housing trust fund established by a law of the commonwealth providing for the creation and preservation of affordable housing in municipalities for the benefit of low and moderate income households or for the funding of community housing, as defined in and in accordance with chapter 44B. Upon receipt of a transfer fee by a regional affordable housing commission, the regional affordable housing commission shall deposit the transfer fee into the regional affordable housing commission fund.
(c) The following transfers of real property interests shall be exempt from the fees established by this section; provided, however, that any city, town or regional affordable housing commission, as applicable, may adopt further exemptions in addition to those provided herein; provided, further, that except as otherwise required, the seller or purchaser or both parties, who are required to pay the transfer fee as specified in the bylaw or ordinance establishing a transfer fee pursuant to this section, or, with respect to the member cities and towns of a regional affordable housing commission, regulations adopted by such regional affordable housing commission, shall have the burden of proving that any transfer is exempt; and provided, further, that any otherwise exempt transfer shall not be exempt in the event that such transfer, by itself or as part of a series of transfers, was made for the primary purpose of evading the fee established pursuant to this section.
(i) Transfers for less than $1,000,000 or such higher threshold amount as set by the municipality or regional affordable housing commission adopting a transfer fee pursuant to this legislation except to the extent that the median single family sale price for the county in which the municipality resides is less than $750,000 may adopt a threshold no lower than 100 per cent of the median single family home sales price for that county. County median sales price for a single family home which shall be determined annually by April 1st of each calendar year by the department of housing and community development shall be exempt in their entirety; provided, however, that the amount of this threshold for imposing a transfer fee may be increased by the bylaw or ordinance establishing a transfer fee pursuant to this section or, with respect to the member cities and towns of a regional affordable housing commission, a regulation adopted by the regional affordable housing commission;
(ii) Transfers made as gifts with consideration less than $100; provided, however, that in any proceedings to determine the amount of any fee due hereunder, it shall be presumed that any transfer for consideration of less than fair market value of the real property interest transferred was made as a gift without consideration to the extent of the difference between the fair market value of the real property interest transferred and the amount of consideration claimed by the purchaser to have been paid or transferred, if the seller shall have been at the time of transfer the spouse, the lineal descendant, or the lineal ancestor of the purchaser, by blood or adoption, and otherwise it shall be presumed that consideration was paid in an amount equal to the fair market value of the real property interest transferred, at the time of transfer;
(iii) Transfers to the government of the United States, the Commonwealth and any of their instrumentalities, agencies or subdivisions, including but not limited to transfers to the city, town, or regional housing commission, to the extent that the city, town or regional affordable housing commission has designated that the transfer fee shall be borne by the purchaser;
(iv) Transfers from the government of the United States, the Commonwealth and any of their instrumentalities, agencies, or subdivisions, including but not limited to transfers from the city, town or regional affordable housing commission, to the extent that the city, town or regional affordable housing commission has designated that the transfer fee shall be borne by the seller;
(v) Distributions by the trustees of a trust to the beneficiaries of such trust;
(vi) Transfers to the trustees of a trust in exchange for a beneficial interest received by the seller in such trust;
(vii) Transfers between family members as defined by bylaw or ordinance or regulations adopted by a regional affordable housing commission;
(viii) Transfers to first-time homebuyers as defined by bylaw, ordinance or regulations adopted by a municipality or regional affordable housing commission; provided, that said first-time homebuyer must be a natural person; and provided further, that for real property sold for a value that exceeds the median single family home price in the county where the transaction occurs, the exemption shall only apply to the value equal to the median single family home price in said county; provided that any municipality or region may elect to increase said exemption.
(ix) Transfers which, without additional consideration, confirm, correct, modify, or supplement a transfer previously made;
(x) Transfers by operation of law without actual consideration, including but not limited to transfers occurring by virtue of the death or bankruptcy of the owner of a real property interest;
(xi) Transfers made in partition of land and improvements thereto, under chapter 241;
(xii) Transfers to any charitable organization, as defined in clause Third of section 5 of chapter 59, or any religious organization; provided, however, that the real property interest so transferred will be held by the charitable or religious organization solely for affordable housing-related uses that are consistent with the uses allowed by the regional affordable housing commission fund, if one exists, or the municipality’s affordable housing trust fund; and provided, further, that such uses must be available to the general public;
(xiii) Transfers to a mortgagee in foreclosure of the mortgage held by such mortgagee, and transfers of the property subject to a mortgage to the mortgagee in consideration of the forbearance of the mortgagee from foreclosing said mortgage;
(xiv) Transfers consisting of the division of marital assets under the provisions of section 34 of chapter 208 or other provisions of law; and
(xv) Transfers of a real property interest that include 1 or more residential units governed by affordable housing restrictions; provided, however, that the fee imposed under the provisions of this section shall be proportionately reduced based on the assessed value of residential units subject to affordable housing restrictions as compared to the total assessed value of the property, or the percentage of residential units subject to affordable housing restrictions, as compared to the total number of units located on that property, or such other method as may be required by the bylaw, ordinance, warrant article or other local law establishing a transfer fee pursuant to this section or, with respect to member cities and towns of a regional affordable housing omission, a regulation adopted by the regional affordable housing commission.
(d) The city or town’s treasurer shall keep a full and accurate account stating when, from or to whom, and on what account money has been paid or received relative to the activities of the municipal affordable housing trust fund. With respect to a regional affordable housing commission, the regional affordable housing commission’s treasurer or such other person as may be designated in the law establishing the regional affordable housing commission, shall keep a full and accurate account stating when, from or to whom, and on what account money has been paid or received relating to the regional affordable housing commission fund.
(e) (i) The adoption of any non-mandatory exemptions shall be determined by a majority vote by the city or town’s legislative body or, with respect to a regional affordable housing commission, by the terms of or in accordance with the procedures established by the general or special law creating such commission.
(ii) A city or town that establishes a transfer fee pursuant to this section, or a regional affordable housing commission that receives funds hereunder may provide for the collection and liening of any outstanding transfer fee. Such city, town or regional affordable housing commission shall have the same remedies to collect said amount as provided by law with respect to the collection of real property taxes.
(iii) A city or town enacting a real estate transfer fee pursuant to this section, or a regional affordable housing commission that receives funds hereunder, is authorized to issue rules, policies, and procedures to effectuate its terms.
(iv) A city or town that adopts this section, or a regional affordable housing commission that receives funds hereunder shall provide to the Regional Planning Office publicly available reports on the total fees collected and disbursed in accordance with this section.
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[{'Description': 'S1771 -- Cambridge', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16303&title=S1771%20--%20Cambridge'}]
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An Act relative to adjusting the senior circuit breaker
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S1772
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SD339
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T15:07:24.343'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T15:07:24.3433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1772/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1772) of Cynthia Stone Creem for legislation to adjust the senior circuit breaker property valuation. Revenue.
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SECTION 1. Paragraph (1) of subsection (k) of section 6 of chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following new definition:-
“free Medicare Part A non-eligibility” – payments by individuals to obtain Medicare Part A insurance due to non-eligibility for free Medicare Part A.
SECTION 2. Paragraph (2) of subsection (k) of said section 6 of said chapter 62, as so appearing, is hereby further amended by inserting, after the words “constituting real estate tax payment” the following new words:- plus previous calendar year payment for Medicare Part A resulting from free Medicare Part A non-eligibility.
SECTION 3. Paragraph (3) of subsection (k) of said section 6 of chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the numbers “$600,000” the following words:- or the average value of a single family home in the municipality as determined by the local Assessor for the previous fiscal year, whichever is greater.
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An Act relative to a local option excise on the sale of alcoholic beverages for municipal substance abuse prevention and public health programs
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S1773
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SD591
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T12:51:37.143'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T12:51:37.1433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-10T09:47:06.7333333'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1773) of Cynthia Stone Creem for legislation relative to a local option excise on the sale of alcoholic beverages for municipal substance abuse prevention and public health programs. Revenue.
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SECTION 1. The General Laws are hereby amended by inserting after Chapter 64N the following chapter:-
Chapter 64O LOCAL OPTION ALCOHOLIC BEVERAGES EXCISE FOR MUNICIPAL SUBSTANCE ABUSE PREVENTION AND PUBLIC HEALTH PROGRAMS
Section 1. As used in this chapter, words shall have the meaning assigned to them in paragraph (h) of section 6 of chapter 64H except as provided in this section:
“Restaurant”, the same meaning as in in paragraph (h) of section 6 of chapter 64H, except that beverages sold in unopened original containers or packages when sold as a unit having a capacity of at least twenty-six fluid ounces shall be subject to the excise.
“Sale”, a sale of meals by a restaurant for any purpose other than resale in the regular course of business.
Section 2. (a) A city or town which accepts this section in the manner provided in section 4 of chapter 4 may impose a local sales tax upon i) the sale at retail of alcoholic beverages not to be drunk on the premises originating within the city or town by a vendor at a rate of up to 2.00 percent of the gross receipts of the vendor from the sale at retail of alcoholic beverages not to be drunk on the premises and ii) on the alcoholic beverages portion of a sale of restaurant meals originating within the city or town by a vendor at a rate of up to 2.00 percent of the gross receipts of the vendor from the alcoholic beverages portion of the sale of restaurant meals.
No excise shall be imposed if the sale is exempt under section 6 of chapter 64H except shall be imposed on the sale of tangible personal property under Chapter 138.
The vendor shall pay the local sales tax imposed under this section to the commissioner at the same time and in the same manner as the sales tax due to the commonwealth or as otherwise determined by the commissioner.
(b) All sums received by the commissioner under this section shall, at least quarterly, be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town that has accepted this section in proportion to the amount of the sums received from the sale at retail of alcoholic beverages not to be drunk on the premises and sales of restaurant meals in that city or town.
Any city or town seeking to dispute the commissioner’s calculation of its distribution under this subsection shall notify the commissioner, in writing, not later than 1 year from the date the tax was distributed by the commissioner to the city or town.
(c) This section shall take effect in a municipality on the first day of the calendar quarter following 30 days after its acceptance by the municipality or on the first day of a later calendar quarter that the city or town may designate.
(d) Notwithstanding any provisions in section 21 of chapter 62C to the contrary, the commissioner may make available to cities and towns any information necessary for administration of the excise imposed by this section including, but not limited to, a report of the amount of local option sales tax on alcoholic beverages collected in the aggregate by each city or town under this section in the preceding fiscal year, and the identification of each individual vendor collecting local option sales tax on alcoholic beverages under this chapter.
Section 3. Except as provided herein, a sale at retail of an alcoholic beverage not to be drunk on the premises or a sale of an alcoholic beverage by a restaurant shall be sourced to the business location of the vendor if (1) the alcoholic beverage is provided to or received by the purchaser at the business location of the vendor or (2) if the alcoholic beverage is delivered by the vendor to a customer, regardless of the location of the customer.
A vendor with multiple business locations in the commonwealth shall separately report sales sourced to each location in a manner prescribed by the commissioner. Restaurant meal delivery companies that purchase meals for resale must source their sales to the delivery location indicated by instructions for delivery to the purchaser and shall separately report sales by municipality in a manner prescribed by the commissioner. The commissioner may also adopt by rule or regulation destination sourcing and reporting rules for caterers or other vendors with a high volume of delivered meals, as the commissioner may determine, in order to mitigate any anti-competitive impact of the local meals tax.
Section 4. Reimbursement for the tax imposed by this chapter shall be paid by the purchaser to the vendor, and each vendor in the commonwealth shall add to the sales price and shall collect from the purchaser the full amount of the tax imposed by this chapter and such tax shall be a debt from the purchaser to the vendor, when so added to the sales price, and shall be recoverable at law in the same manner as other debts.
Section 5. Upon each sale at retail of alcoholic beverages not to be drunk on the premises and upon each sale of a meal by a restaurant taxable under this chapter, the amount of tax collected by the vendor from the purchaser shall be stated and charged separately from the sales price and shown separately on any record thereof at the time the sale is made or on any evidence of sale issued or used by the vendor, but in the instance of the sale of alcoholic beverages for on premises consumption, the tax collected need not be stated separately.
Section 6. Every person who fails to pay to the commissioner any sums required by this chapter shall be personally and individually liable therefor to the commonwealth. The term “person”, as used in this section, includes an officer or employee of a corporation, or a member or employee of a partnership or limited liability company, who as an officer, employee or member is under a duty to pay over the taxes imposed by this chapter.
Section 7. Notwithstanding the provisions of section 53 of chapter 44 or any other general or special law to the contrary, a city or town that accepts section 2 shall establish a separate account to be known as the Municipal Substance Abuse Prevention and Public Health Fund of which the municipal treasurer shall be the custodian. The authority to approve expenditures from the fund shall be limited to the legislative body and the municipal treasurer shall pay such expenses in accordance with chapter 41.
All monies received from the excise imposed under section 2 shall be deposited in the fund. The expenditure of revenues from the fund shall be for the purpose of substance abuse prevention, protecting the public health and other law.
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An Act relative to the surplus from a tax title sale
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S1774
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SD860
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T15:22:21.937'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T15:22:21.9366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1774/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1774) of Cynthia Stone Creem for legislation relative to the surplus from a tax title sale. Revenue.
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SECTION 1. Section 64 of chapter 60 of the general laws is hereby amended by adding at the beginning of the first paragraph the following: - (a).
SECTION 2. Said section 64 of chapter 60 is further amended by adding the following new paragraph:-
(b) Notwithstanding paragraph (a) a taxpayer or his heirs, shall be entitled to the surplus from any sale of the property after the deduction of all costs, charges or expenses, taxes and interest owed.
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An Act relative to the exemption of private pension income from taxation
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S1775
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SD518
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T10:27:10.77'}
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[{'Id': None, 'Name': 'Thomas Egan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-17T10:27:10.77'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1775/DocumentHistoryActions
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Bill
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By Mr. Crighton (by request), a petition (accompanied by bill, Senate, No. 1775) of Thomas Egan for legislation to exempt private pension income from taxation. Revenue.
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Subsection B of Section 3 of Chapter 62 of the General Laws, is hereby amended by adding the following subparagraph:-
(5) Amounts not to exceed $2,000 received by persons under age 60 as pensions from employers, the United States, the State or any subdivision, or amounts not to exceed $12,500 received by persons age 60 or older as pensions from employers, the United States, the State or any subdivision or as eligible retirement income.
For the purposes of this paragraph, "eligible retirement income" shall include distributions received from qualified retirement plans defined in § 4974 of the federal Internal Revenue Code ("IRC") [26 U.S.C. § 4974] or a successor provision, cash or deferred arrangements described in IRC § 401(k) [26 U.S.C. § 401(k)] or a successor provision, government deferred compensation plans described in IRC § 457 [26 U.S.C. § 457] or a successor provision, dividends, capital gains, interest and rental income from real property less deductible rental expenses. For purposes of this paragraph, eligible retirement income received by spouses as joint tenants with right of survivorship or as tenants by the entirety shall be deemed to have been received one-half by each.
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An Act excluding student loan forgiveness from taxable income for permanently and totally disabled veterans
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S1776
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SD642
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T15:18:42.683'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T15:18:42.6833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1776/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 1776) of Brendan P. Crighton for legislation to exclude student loan forgiveness from taxable income for permanently and totally disabled veterans. Revenue.
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Paragraph (2) of subsection (a) of section 2 of chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subparagraph:-
(R) Any amount received by a veteran who is permanently and totally disabled that would be includible in gross income for such taxable year by reason of the discharge of an educational loan under section 108(f)(5)(A)(iii) of the Code.
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An Act relative to neighborhood stabilization and economic development
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S1777
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SD646
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T15:32:32.647'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T15:32:32.6466667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:24:43.51'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1777/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 1777) of Brendan P. Crighton and Sal N. DiDomenico for legislation relative to neighborhood stabilization and economic development. Revenue.
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SECTION 1. Paragraph (5) of subsection (q) of section 6 of chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 898 and 904, the figures “$10,000,000” and inserting in place thereof the figures “$30,000,000”.
SECTION 2. Subsection (5) of section 38BB of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in lines 44 and 50, the figures “$10,000,000” and inserting in place thereof the figures “$30,000,000”.
SECTION 3. Section 3 of chapter 70B of the General Laws, as so appearing, is hereby amended by inserting after the colon, in line 21, the following words:—“neighborhood stabilization,”.
SECTION 4. Section 1 of chapter 121A of the General Laws, as so appearing, is hereby amended by replacing the definitions of “decadent area”, “sub-standard area”, and “project” with the below definitions of those terms, and inserting the following additional definitions after the definition of “project”-
“Decadent area”, an area, including a spot rehabilitation property, which is detrimental to safety, health, morals, welfare or sound growth of a community because of the existence of a building or buildings which are out of repair, physically deteriorated, unfit for human habitation, or obsolete, or in need of major maintenance or repair, or because much of the real estate in recent years has been sold or taken for non-payment of taxes or upon foreclosure of mortgages, or because a building or buildings have been torn down and not replaced and in which under existing conditions it is improbable that the building or buildings will be replaced, or because of a substantial change in business or economic conditions, or because of inadequate light, air, or open space, or because of excessive land coverage, or because diversity of ownership, irregular lot sizes or obsolete street patterns make it improbable that the area will be redeveloped by the ordinary operations of private enterprise, or by reason of any combination of the foregoing conditions.
“Sub-standard area”, an area, including a spot rehabilitation property, upon which there is a dwelling or wherein dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitation facilities, or any combination of these factors, are detrimental to safety, health, morals, welfare or sound growth of a community.
“Project”, any undertaking consisting of the construction in one or more specified blighted open, decadent or sub-standard areas of decent, safe and sanitary residential, commercial, industrial, institutional, recreational or governmental buildings and such appurtenant or incidental facilities as shall be in the public interest, and the operation and maintenance of such buildings and facilities after construction. A “project” may include as incidental thereto any one or more of the following:— (a) acquisition and assembly of the land (and buildings and structures and other improvements thereon, if any) within a blighted open, decadent or sub-standard area or areas; (b) clearance of the land within a blighted open, decadent or sub-standard area or areas; (c) acquisition, assembly and clearance of land, buildings or structures not in themselves blighted, decadent, or sub-standard if their inclusion is necessary for the clearance, redevelopment, reconstruction or rehabilitation of a blighted open, decadent or sub-standard area or areas; and (d) installation, construction, and reconstruction of public and private ways, public utilities and services, and site improvements essential to the preparation of blighted open, decadent or sub-standard area or areas for beneficial development or redevelopment.
“Spot Blight Project Sponsor”, a community development corporation certified under chapter 40H; a bona-fide non-profit organization, established under chapter 180 that has, in the determination of the housing board, satisfactory and sufficient experience in the construction or rehabilitation of residential or non-residential buildings, the creation or provision of affordable housing, the restoration of abandoned property, the revitalization and improvement of neighborhoods, or a similar purpose; a redevelopment authority established under chapter 121B; or a partnership of two or more of any of the foregoing; that is approved under this chapter to rehabilitate a spot rehabilitation property.
“Spot Rehabilitation Property”, a residential single-family home, a residential building with not more than four separate units, a commercial property under 10,000 square feet with a building or buildings thereon, or any building under 10,000 square feet with a mix of residential and commercial uses that meets the following criteria: (a) the building or buildings on the property have been vacant for the last twelve months, (b) construction has not begun pursuant to a building permit that has been issued to conduct rehabilitation of the building or buildings on the property for the purpose of making the property habitable or useable for commercial purposes, and (c) the municipality has made a determination that the building or buildings are distressed, upon consideration of the following: the building or buildings are out of repair, physically deteriorated, unfit for human habitation, or obsolete, or in need of major maintenance or repair, or because the building has been sold or taken for non-payment of taxes or upon foreclosure of mortgages.
“Spot Rehabilitation Project”, any project, the subject of which consists exclusively of spot rehabilitation properties.
SECTION 5. Chapter 121A of the General Laws, as so appearing, is hereby further amended by deleting section 7A and inserting in its place the following:-
Section 7A. A corporation organized under section three or an insurance company or a group of insurance companies or a savings bank or group of savings banks operating under this chapter or a spot blight project sponsor may purchase or lease from a housing authority, redevelopment authority, municipality or other public body real estate acquired by such authority, municipality or public body for land assembly and redevelopment or urban renewal purposes under chapter one hundred and twenty-one B, upon such terms and conditions, consistent with this chapter, as shall be approved by the housing board and may erect and maintain a project upon the land so acquired. Such corporation shall not be required to offer its stock to the owners of the real estate within the location of the project and such owners have no preferential right to subscribe thereto; but in all other respects the provisions of this chapter shall be applicable to corporations acting thereunder and their projects.
SECTION 6. Section 11 of chapter 121A of the General Laws, as so appearing, is hereby further amended by inserting the following paragraph after the third paragraph:-
A spot blight project sponsor shall have the power, with the approval of the local municipality, to sell, exchange, give or otherwise transfer in whole or in part the land or interests therein, including air rights, leased or acquired by it under this chapter, with the buildings or other structures thereon, constituting a project or portion hereunder to any entity identified in the foregoing paragraph, or may sell or lease the spot rehabilitation property to any individual or group of individuals intending to use said property for residential use.
SECTION 7. Chapter 121A of the General Laws, as so appearing, is hereby further amended by inserting after section 18D the following section:-
Section 18E. A spot blight project sponsor may undertake on land owned or to be acquired by it one or more spot rehabilitation projects under this chapter, or acquire spot rehabilitation projects or any severable portion thereof from corporations, individuals or entities authorized to undertake or acquire spot rehabilitation projects under this chapter, and the provisions of this chapter, specifically including the powers granted by sections six A and eleven and the procedures set forth in section eighteen B shall, to the extent applicable, apply to such spot blight project sponsor and such spot rehabilitation projects, excepting the following:
(a) The term “corporation” as used in section six A, seven A, section ten, section eleven, section twelve, section thirteen, section fourteen, and section fifteen shall be deemed to mean spot blight project sponsor with respect to spot blight projects.
(b) Section three shall not be applicable to such spot blight project sponsor; and provided further, a spot blight project sponsor may undertake more than one spot rehabilitation project.
(c) Section five shall not be applicable to a spot blight project; provided, however, that the spot blight project sponsor shall submit an application for the approval of a spot rehabilitation project, in the form required pursuant to section five to the municipality for its approval.
(d) So much of section six as relates to the agreement of association shall not be applicable to such spot blight project sponsor. The first, eighth, ninth, and tenth paragraphs of section six shall not be applicable to a spot blight project. The municipality where the spot blight project is located shall have full responsibility for approval of the proposed spot blight project as set forth in the second through seventh paragraphs of section six. The municipality shall transmit its final decision to the housing board for record keeping purposes only.
(e) The second paragraph of section six B shall not be applicable to such spot blight project sponsor, except that the planning board at least fourteen days before the day of the hearing shall mail a notice to each owner of land that is within the proposed spot blight project. If service cannot be made, then service shall be made by posting a copy of the notice upon a portion of the property facing a public way, by publication of a copy of the notice in one newspaper of general circulation, and posting on the municipality’s website.
(f) Section seven shall not be applicable to such spot blight project sponsor.
(g) So much of section eight as provides that “Every such corporation shall be deemed to have been organized to serve a public purpose” shall be construed to mean “Every such project shall be deemed to have been undertaken to serve a public purpose”. The term “housing board” as used in section eight shall be deemed to mean “municipality”.
(h) Section nine shall not be applicable to such spot blight project sponsor.
(i) The term “shall” as used in the first and third paragraphs of section ten shall be deemed to mean “may” with respect to a spot blight project sponsor. A spot blight project sponsor that elects to forego the tax exemptions provided under section ten shall not be required to comply with the other provisions of that section, and shall not be required to obtain signatures of a majority of the assessors under section six A.
(j) So much of section fifteen as relates to reducing the indebtedness of a corporation shall apply only to indebtedness incurred in connection with a spot rehabilitation project. The term “operating and maintenance expenses” shall be deemed to include rehabilitation costs, including any principal and interest on loans used for the project, and costs other than direct rehabilitation costs, as well as a developer’s fee to the spot blight project sponsor, which fee shall not exceed 20% of the combined cost of acquisition and rehabilitation of the spot rehabilitation property.
(k) The provisions of sections five, six A, and eleven shall, as modified by this section 18E, apply to a spot rehabilitation project whether said spot rehabilitation project is in Boston, Springfield or another municipality.
SECTION 8. Section 2 of chapter 21E of the General Laws, as so appearing, is hereby amended by striking section (f) within the definition of “Owner,” or “Operator”, and inserting in its place the following:
(f) A redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation, or a spot blight project sponsor pursuant to chapter 121A shall not be deemed an owner or operator if all of the following requirements are met:
(1) the redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation or spot blight project sponsor has acquired its portion of the site in accordance with the provisions of chapter 40F, chapter 121A, chapter 121B or chapter 121C or any applicable special acts;
(2) no act or failure of duty of the redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation or spot blight project sponsor or of any employee or agent thereof, caused or contributed to, or exacerbated any release or threat of release of oil or hazardous material at or from the site;
(3) the redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation or spot blight project sponsor satisfies all of the following conditions:
a) notifies the department in compliance with this chapter and regulations promulgated thereto upon obtaining knowledge of a release or threat of release of oil or hazardous material for which notification is required pursuant to this chapter and regulations promulgated pursuant thereto;
b) provides reasonable access to the site or portion of the site under its control to employees, agents and contractors of the department for all purposes authorized by this chapter, and to other Persons for the purpose of conducting response actions pursuant to this chapter and regulations promulgated thereto;
c) takes reasonable steps (i) to prevent the exposure of people to oil or hazardous material by fencing or otherwise preventing access to the portion of the site under its ownership or possession, and (ii) to contain any further release or threat of release of oil or hazardous material from a structure or container under its ownership or possession;
d) if there is an imminent hazard at or from the portion of the site under its control, controls the potential risk to public health, safety, welfare, or the environment at or from the site by taking immediate response actions at the portion of the site under its ownership or possession, in compliance with this chapter and regulations promulgated thereto;
e) conducts any response action undertaken at the site in compliance with this chapter and regulations promulgated thereto; and
f) acts diligently to sell or otherwise to divest itself of ownership or possession of its portion of the site in accordance with the provisions of chapter 40F, chapter 121A½, chapter 121B or chapter 121C, or any applicable special acts. Whether the redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation or Project Sponsor is acting or has acted diligently to sell or otherwise to divest itself of ownership or possession of its portion of the site shall be determined by considering the same criteria applicable to secured lenders set forth in subclause (iii) of subparagraph (F) of clause (5) of paragraph (c).
(4) if the redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation or spot blight project sponsor acquired ownership or possession of a site or portion of a site prior to the effective date of this act, the redevelopment authority, redevelopment agency, community development corporation, economic development and industrial corporation or spot blight project sponsor notifies the department of any releases of oil or hazardous material of which it has knowledge in accordance with section 7 and the regulations promulgated thereunder, and shall meet the requirements in clause (3) of this paragraph relative to such releases within six months of being notified by the department of the requirements in this paragraph.
SECTION 9. Chapter 121A of the General Laws, as so appearing, is hereby amended by adding the following sections:
Section 20. There shall be a commission to study strategies to improve the quality of the housing stock in weak markets with the goal of making these properties safer, more accessible to residents with disabilities, and more resilient to climate change. The commission’s review shall include, but not be limited to---the use of guidance documents to consistently grant relief from building codes in common circumstances where appropriate; provisions to reduce the time and cost associated with obtaining variances in circumstances that are consistent with these guidance documents; dissemination of creative strategies to use new technologies to address common challenges bringing older structures up to code; the deployment of energy efficiency programs, Home Modifications Grants, elevator and sprinkler funds, and other resources to help building rehab projects in weak markets meet health and safety standards.
The commission shall consist of: 2 members of the Senate, 1 of whom shall represent a Gateway Municipality as defined in section 3A of chapter 23A of the General Laws and shall serve as co-chair; 2 members of the House of Representatives, 1 of whom shall represent a Gateway Municipality and shall serve as co-chair; 2 members appointed by the governor, 1 of whom shall represent the Massachusetts Association of Community Development Corporations; and 1 of whom shall represent the Rural Policy Advisory Commission; and 6 members appointed by the Secretary of Housing and Economic Development: one of the appointive members shall be an architect licensed to practice in the commonwealth; one of the appointive members shall be a licensed building inspector; one of the appointive members shall be a Gateway Municipality housing director; one of the appointive members shall be a fire official from a Gateway Municipality; 2 of the appointive members shall be selected after consultation with advocacy groups on behalf of persons with disabilities. The commission shall file a report of its findings and recommendations, including, but not limited to, legislative, regulatory, and procedural changes, with the clerks of the senate and house of representatives, the chairs of the joint committee on housing not later than December 31, 2021.
SECTION 10. Section 4 of chapter 40V, as so appearing, is hereby amended by inserting the following paragraph:
The report shall include, but is not limited to: identification of municipalities with approved HD zones, identification of each housing development project that has received certification, provide information about each project such as: site address, project sponsor, certification level (preliminary, conditional, or final), the range of rents for the residential units, the type of residential units and number of each type of residential unit, the total amount of qualified project expenditures, the tax credit amount issued or reserved, the completion or estimated completion year, and the year the credit was issue.
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An Act relative to rolling stock
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S1778
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SD1392
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-19T15:32:32.02'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-19T15:32:32.02'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-27T15:52:23.96'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-27T15:52:23.96'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-30T14:25:39.6033333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-02-14T11:53:14.5566667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-24T12:59:17.8466667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-01T11:08:41.1433333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-03-01T11:08:41.1433333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T14:07:20.0433333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-13T14:05:31.63'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 1778) of Brendan P. Crighton, Hannah Kane, Steven S. Howitt, Ryan C. Fattman and other members of the General Court for legislation relative to rolling stock. Revenue.
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SECTION 1. Section 1 of chapter 64H of the general laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the definition of “Retail establishment”, the following definition:-
“Rolling stock”, trucks, tractors, and trailers, used by common carriers to transport goods in interstate commerce.
SECTION 2. Section 6 of chapter 64H, as so appearing, is hereby amended by inserting, after subsection (xx), the following new subsection:-
(yy) Sales of rolling stock.
SECTION 3. Section 1 of chapter 64I, as so appearing, is amended by inserting in line 5, after the words “retail establishment”, the following new words:- , “rolling stock”.
SECTION 4. Section 7 of chapter 64I, as so appearing, is hereby amended by inserting, after subsection (e), the following new subsection:-
(f) Storage, use, or other consumption of rolling stock.
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An Act relative to the housing development incentive program
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S1779
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SD2249
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T14:34:39.537'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T14:34:39.5366667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-26T16:33:34.3066667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-10T11:02:31.2333333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-13T10:11:50.0066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1779/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1779) of John J. Cronin, Michael D. Brady and John F. Keenan for legislation relative to the housing development incentive program. Revenue.
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SECTION 1. Section 6 of chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 896 to 898, inclusive, the words “The total amount of credits that may be authorized by DHCD in a calendar year pursuant to this subsection and section 38BB of chapter 63 shall not exceed $10,000,000 and” and inserting in place thereof the following words:
DHCD may authorize up to $57,000,000 in credits during fiscal year 2024 and up to $30,000,000 in credits annually thereafter under this subsection and section 38BB of chapter 63. In addition, DHCD may authorize annually: (i) any portion of the annual cap on credits not authorized by DHCD in the preceding calendar years under this subsection or said section 38BB of said chapter 63; and (ii) any credits under this subsection or said section 38BB of said chapter 63 returned to DHCD by a certified housing development project.
SECTION 2. Section 38BB of chapter 63, as so appearing, is hereby amended by striking out, in lines 42 to 44, inclusive, the words “The total amount of credits that may be authorized by DHCD in a calendar year under this section and subsection (q) of section (6) of chapter 62 shall not exceed $10,000,000 and” and inserting in place thereof the following words:
DHCD may authorize up to $57,000,000 in credits during fiscal year 2024 and up to $30,000,000 in credits annually thereafter under this section and subsection (q) of section (6) of chapter 62. In addition, DHCD may authorize annually: (i) any portion of the annual cap on credits not authorized by DHCD in the preceding calendar years under this section or said subsection (q) of said section (6) of said chapter 62; and (ii) any credits under this section or said subsection (q) of said section (6) of said chapter 62 returned to DHCD by a certified housing development project.
SECTION 3. Paragraph (8) of subsection (l) of section 6 of chapter 62, as so appearing, is hereby amended by striking out, in line 596, the figure “$2,000,000” and inserting in place thereof the following figure:- “$5,000,000”.
SECTION 4. Paragraph (9) of subsection (p) of section 6 of chapter 62, as so appearing in the 2020 official edition, is hereby amended by striking out, in line 835, the figure “$2,000,000” and inserting in place thereof the following figure:- “$5,000,000”.
SECTION 5. Subparagraph (iii), paragraph (2) of subsection (w) of section 6 of chapter 62, as so appearing, in line 1256, is hereby amended by striking out the figure “$2,000,000” and inserting in place thereof the following figure:- “$5,000,000”.
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An Act relative to transparency in credit card fees
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S178
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SD162
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-11T15:36:25.937'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-11T15:36:25.9366667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-09-26T13:07:34.37'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S178/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 178) of Anne M. Gobi for legislation relative to transparency in credit card fees. Consumer Protection and Professional Licensure.
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Section 28A in Chapter 14D of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out section (2) and inserting in place thereof the following section:-
(2) A seller in any sales transaction who imposes a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check, or similar means shall inform the purchaser of the surcharge by a sign conspicuously posted on the seller’s premises.
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An Act to promote jobs and economic growth in tourism, visitation and hospitality
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S1780
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SD438
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:00:34.07'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:00:34.07'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-25T11:43:03.2333333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-25T11:43:03.2333333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-07T16:34:43.3'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T16:34:43.3'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-07T16:34:43.3'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-22T13:54:29.3966667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-22T13:54:29.3966667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-14T11:39:57.1533333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-30T13:39:58.93'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-24T16:04:42.57'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1780) of Julian Cyr, Paul W. Mark, Mathew J. Muratore, Joanne M. Comerford and other members of the General Court for legislation to promote jobs and economic growth in tourism, visitation and hospitality. Revenue.
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SECTION 1. Section 13T of Chapter 23A is hereby amended in the first paragraph by adding at the end thereof the following: “; and 1.5% of the state’s room occupancy excise from the prior fiscal year.”
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An Act relative to embarkation fees
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S1781
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SD451
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:49:48.52'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:49:48.52'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-30T13:38:45.8466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1781/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1781) of Julian Cyr for legislation relative to embarkation fees. Revenue.
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SECTION 1. Section 129 of Chapter 46 of the acts of 2003, as amended by Section 11 of Chapter 55 of the acts of 2003, is hereby amended by striking, in Subsection (a) of section 129, the figure “$.50” and inserting in place thereof the following figure:- “$2.00”;
And by striking, in subsection (b), the figure “$.50” and inserting in place thereof the following figure:- “$2.00”.
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An Act establishing the Martha’s Vineyard housing bank
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S1782
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SD703
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-17T19:00:28.553'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-17T19:00:28.5533333'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1782) of Julian Cyr for legislation to establish the Martha’s Vineyard housing bank. Revenue.
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SECTION 1: For purposes of this act, the words and phrases set forth in this section shall have the following meanings:
“Anti-flipping restriction”, a restriction that limits the time and price at which a real property interest or real property in connection with which a real property interest is held may be transferred following receipt of the real property interest from the housing bank or the receipt of housing bank funding with respect to the real property interest, as shall be set forth in regulations adopted by the commission. Any person who transfers a real property interest in contravention of an anti-flipping restriction shall pay a penalty equal to 100 per cent of the amount of housing bank funding received and 100 per cent of the amount by which the purchase price exceeds the permissible purchase price established by the commission’s regulations.
“Area median income”, the median income for Dukes County, with adjustments made for smaller and larger families, as such median income shall be determined from time to time by the United States Department of Housing and Urban Development.
“Commission”, the Martha’s Vineyard housing bank commission established by section 3.
"Community housing", rental and ownership housing units for use as year-round housing by those residents of Martha's Vineyard earning up to 240 per cent of area median income, or such lower limit determined by the Commission with respect to, or otherwise applicable to, particular housing units.
“Community housing restriction”, a perpetual restriction, whether or not stated in the form of a restriction, easement, covenant or condition in any deed, mortgage, will, agreement, or other instrument limiting the use of real property or housing units to occupancy for community housing.
“Housing bank”, the Martha’s Vineyard housing bank established by section 2.
"Legal representative", with respect to any person, shall mean any other person acting under a written power-of-attorney executed by that person; provided, however, that any affidavit attesting to the true and complete purchase price of a real property interest, submitted to the commission pursuant to section 15, may also be signed on behalf of that person by an attorney admitted to practice in the commonwealth.
“Purchaser”, the transferee, grantee or recipient of any real property interests.
“Purchase price”, all consideration paid or transferred by or on behalf of a purchaser to a seller or a seller’s nominee, or for the seller’s benefit, for the sale, lease, exchange, or transfer of any real property interest, and shall include, but not be limited to: (i) all cash or its equivalent so paid or transferred; (ii) all cash or other property paid or transferred to discharge or reduce any obligation of the seller; (iii) the principal amount of all notes or their equivalent, or other deferred payments, given or promised to be given to the seller or the seller’s nominee; (iv) the outstanding balance of all obligations of the seller which are assumed by the purchaser or to which the real property interest transferred remains subject after the transfer, determined at the time of transfer, but excluding real estate taxes and other municipal liens or assessments which are not overdue at the time of transfer; and (v) the fair market value, at the time of transfer, of any other consideration or thing of value paid or transferred, including, but not limited to, any property, goods or services paid, transferred or rendered in exchange for such real property interest.
"Real property interest", any present or future legal or equitable interest in or to real property, and any beneficial interest therein, including the interest of any beneficiary in a trust which holds any legal or equitable interest in real property, the interest of a partner or member in a partnership or limited liability company which holds any legal or equitable interest in real property, the interest of a stockholder in a corporation which holds any legal or equitable interest in real property, the interest of a holder of an option to purchase real property, the interest of a buyer or seller under a contract for purchase and sale of real property, the transferable development rights created under chapter 183A of the General Laws; the dominant estate in any easement or right of way, the right to enforce any restriction, an estate at will or at sufferance, or an estate for years or leasehold interest.
“Seller”, the transferor, grantor or immediate former owner of any real property interests.
“Shared appreciation equity loan,” a loan agreement pursuant to which the housing bank receives a percentage of a property’s appreciation upon transfer for consideration.
“Time of transfer”, of any real property interest shall mean, the time at which such transfer is legally effective as between the parties thereto, and, in any event, with respect to a transfer evidenced by an instrument recorded with the appropriate registry of deeds or filed with the assistant recorder of the appropriate registry district, not later than the time of such recording or filing.
“Town advisory board”, a town board created in each member town to assist the commission in administering this act, each to consist of 1 representative duly appointed, either from its membership or otherwise, by each of the following town boards: select board, conservation commission, planning board, zoning board, board of assessors, housing committee, board of health and, if one exists, wastewater committee. Should a position become vacant, a member appointed by the respective board to complete the unexpired term shall fill said vacancy. Members shall hold 3-year staggered terms with the length of the terms of each of the initial town advisory board members to be designated by the town select board. All decisions of the town advisory boards shall be by two-thirds vote of those present and voting at a meeting at which a majority of the members is present.
“Transfer price restriction”, a perpetual restriction, whether or not stated in the form of a restriction, easement, covenant or condition in any deed, mortgage, will, agreement, or other instrument limiting the price at which real property may be transferred or the rental rates that might be charged, based on a formula as shall be set forth in regulations adopted by the commission.
“Year-round housing”, shall be as defined in regulations adopted by the commission; provided that year-round housing shall not include housing units in which the primary occupants reside for less than 11 months during any 1-year period.
“Year-round housing restriction”, a perpetual restriction whether or not stated in the form of a restriction, easement, covenant or condition in any deed, mortgage, will, agreement, or other instrument limiting the use of the real property to occupancy for year-round housing.
SECTION 2. There shall be a Martha’s Vineyard housing bank, to be administered by a commission established by section 3, for the purpose of creating and preserving both year-round housing and community housing. The housing bank shall be a body politic and corporate and a public instrumentality, and the exercise of the powers herein conferred upon the housing bank shall be deemed to be the performance of an essential governmental function.
SECTION 3. (a) The housing bank shall be administered by a commission consisting of: 1 town-representative member elected by each of the member towns, each of whom shall be a legal resident of the member town he or she represents; and 1 at-large member elected by island-wide vote who shall be a legal resident of Martha’s Vineyard. Each town-representative member shall be elected to a 3-year term in the same manner as other elected town officials. Notwithstanding the foregoing, (a) the commission shall initially consist of: 1 town-representative member appointed by the select board of each of the member towns, to serve until the first election of a town-representative member at such town’s regular or special town election following the effective date of this act, and (b) the terms of the initial town-representative members elected as set forth herein shall be drawn by lot by representatives appointed by the member towns’ select boards prior to the first election of any town-representative member, and shall be staggered so that, as nearly as possible, an equal number of terms expire each year following the first election of town-representative members. The initial at-large member shall be appointed by the county commissioners to serve from the effective date of this act until the first election of the at-large member following the effective date of this act. The election of the at-large member of the commission shall be conducted at the biennial state election in 2024 and succeeding elections of the at-large member shall take place at the biennial state election. The nomination of candidates for election to such office shall be in accordance with sections 6 and 8 of chapter 53 of the General Laws; provided, however, that no more than 10 signatures of voters shall be required on the nomination papers for such office. Notwithstanding the provisions of section 10 of chapter 53 of the General Laws, nomination papers for said candidates shall be filed with the office of the state secretary on or before the tenth Tuesday preceding the day of the election. Such nomination papers shall be subject to the provisions of section 7 of said chapter 53. Upon election or appointment to the commission, the at-large commission member shall be sworn to the faithful execution of his or her duties by the town clerk of the town in which he or she resides.
(b) Should a vacancy occur during the term of any town-representative member, the select board of the town represented by such member shall appoint an interim member to serve for the unexpired portion of the term. Should a vacancy occur during the term of the at-large member, the county commissioners shall appoint an interim member to serve for the unexpired portion of the term.
(c) The commission shall elect a chair and a vice chair from among its members and shall elect a secretary and a treasurer who may be the same person, but who need not be members of the commission.
(d) Decisions of the commission shall be by majority vote of those present and voting at a meeting at which a majority of the members is present.
(e) If approved by each town advisory board, members of the commission may be paid a stipend, provided that such stipend shall not exceed $2,000 annually unless a higher amount is both authorized by a majority vote of town meeting in each member town and approved by each town advisory board.
(f) The commission shall keep accurate records of its meetings and actions and shall file an annual report which shall be distributed with the annual report of each member town.
SECTION 4. The commission shall have the power and authority to:
(a) acquire, by purchase, lease, gift, grant, contribution, devise or transfer from any person, firm, corporation or other public or private entity, any real property interest, including a year-round restriction, within any of the member towns; provided, however, that the commission shall, in considering any such acquisition, use as guidelines town or regional master plans, wastewater plans, watershed management plans, open space plans, and climate and energy goals;
(b) acquire, by purchase, gift, grant, contribution, devise or transfer, personal property, and accept and receive money, by gift, grant, contribution, devise or transfer, from any person, firm, corporation or other public or private entity, including but not limited to grants of funds or other property tendered to the housing bank in connection with any ordinance or by-law or any general or special law or any other source;
(c) sell, lease, exchange, transfer or convey any real property interest or personal property at public auction or by private contract for such consideration and on such terms as to credit or otherwise as the commission may determine, subject to restrictions as described in section 12;
(d) subject to the requirements described in section 11, extend grants, loans, guarantees, lines of credit, interest subsidies, rental assistance, or any other means of funding the commission deems advisable to further the goals of the housing bank;
(e) execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases, grant agreements and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the commission engages for the accomplishment of the purposes of the housing bank;
(f) incur debt by pledging the full faith and credit of the housing bank subject to the limitations set forth in this act, provided that the commission may incur debt only to the extent that its projected annual debt service obligation prior to maturity with respect to any existing and any new debt will not, in the aggregate, exceed 10 per cent of the average annual revenues received by the housing bank during its prior three fiscal years, commencing with the initial partial fiscal year following the effective date of this act; and provided further that, for the purpose of determining the housing bank’s projected annual debt service obligation, any interest other than a fixed rate shall be calculated as the rate payable for the most recent 12 month period, or the period for which the indebtedness has been outstanding if less than 12 months, and the rate payable on the date that the indebtedness is incurred for any new indebtedness;
(g) hire such staff and obtain such professional services as are necessary in order to perform its duties; and
(i) after holding a public hearing and after requesting recommendations from the town advisory board of each of the member towns, adopt, amend or rescind such rules, regulations and procedures as the commission deems necessary or appropriate to carry out the provisions of this act.
Notwithstanding anything herein to the contrary, any expenditure or use of housing bank funds, including any loans or disbursement of down payment assistance provided by the housing bank, and any acquisition of a real property interest, whether by purchase, lease, gift, grant, contribution, devise or transfer, shall require approval by the town advisory board or boards in the town or towns in which the project will be located or in which a real property interest will be acquired.
SECTION 5. Each member town is hereby authorized to appropriate money to be deposited in the fund as provided in section 13.
SECTION 6. The housing bank is hereby empowered to issue its bonds and notes, including notes in anticipation of bonds, for the purpose of acquiring real property interests and providing funding as provided in section 4(d). The proceeds of such bonds or notes may be used to pay, in whole or in part, acquisition costs; to provide reserves for debt service and other expenses; to pay consulting, appraisal, advisory and legal fees and costs incidental to the issuance and sale of such bonds or notes; to purchase, refund or renew bonds or notes previously issued; and to pay any other costs and expenses of the housing bank necessary for the accomplishment of its purposes. Bonds or notes issued under this act shall be authorized by the commission which shall have full power and authority to determine the amount, form, terms, conditions, provisions for the payment of interest and all other details thereof and to provide for their sale and issuance at such price and in such manner as the commission shall determine, subject only to any limitations set forth in this act; provided, however, that the issuance of bonds or notes by the commission shall require the approval of two-thirds of the town advisory boards. All bonds or notes issued hereunder shall be payable solely from the fees and other revenues of the housing bank pledged to their payment and shall not be deemed a pledge of the full faith and credit of any town in the county of Dukes County, the county of Dukes County, or the commonwealth.
The commission may enter into any agreements, including without limitation a loan agreement and a trust agreement, necessary to effectuate and to secure any bonds or notes issued by the housing bank. Such agreements may pledge or assign, in whole or in part, the revenues and other money held or to be received by the housing bank. Such agreements may contain provisions for protecting and enforcing the rights, security and remedy of the holders of such bonds or notes, including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof which may include the acceleration of maturities and covenants setting forth the duties of, and limitations on, the housing bank in relation to the custody, safeguarding, investment and application of money, the issuance of additional debt obligations, the use of any surplus proceeds of the borrowing, including any investment earnings thereon, and the establishment of special funds and reserves.
The pledge of any such agreement shall be valid and binding and shall be deemed continuously perfected for the purposes of the Uniform Commercial Code from the time when the pledge is made; the revenues, money, rights and proceeds so pledged and then held or thereafter acquired or received by the housing bank shall immediately be subject to the lien of such pledge without any physical delivery or segregation thereof or further act; and the lien of any such pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against any member town or the county of Dukes County, irrespective of whether such parties have notice thereof. No document by which a pledge is created need be filed or recorded except in the records of the housing bank and no filing need be made under the Uniform Commercial Code.
The trustee with respect to any such trust agreement entered into pursuant to this section shall be a trust company or a bank having the powers of a trust company within the commonwealth. Any such trust agreement may provide that any money received thereunder may be held, deposited or invested by the trustee, notwithstanding the provisions of section 13, pending the disbursement thereof, in any deposits or investments which are lawful for the funds of savings banks and shall provide that any officer with whom or any bank or trust company with which such money shall be deposited shall act as trustee of such money and shall hold and apply the same for the purposes hereof and thereof, subject to such regulation or limitation as this act or such trust agreement may provide.
It shall be lawful for any bank or trust company within the commonwealth to act as depository of the proceeds of bonds or notes, revenues or other money hereunder and to furnish such indemnifying bonds or to pledge such security, if any, as may be require by the commission. Any trust agreement entered into pursuant to this section may set forth the rights and remedies of the holders of any bonds or notes and of the trustee and may restrict the individual right of action by any such holders. In addition to the foregoing, any such trust agreement may contain other such provisions as the commission may deem reasonable and proper. All expenses incurred in carrying out the provisions of such trust agreement may be (i) treated as part of the cost of operation of the housing bank and (ii) paid from the revenues or other funds pledged or assigned to the payment of the principal of and the premium, if any, and interest on the bonds or notes or from any other funds available to the housing bank. In addition to other security provided herein or otherwise by law, bonds or notes issued under this section may be secured, in whole or in part, by insurance or by letters or lines of credit or other credit facilities issued to the housing bank by any bank, trust company or other financial institution, within or without the commonwealth, and the housing bank may pledge or assign any of its revenues as security for the reimbursement by the housing bank to the issuers of such letters or lines of credit, insurance or credit facilities of any payments made hereunder.
SECTION 7. Bonds and notes issued under the provisions of this act are hereby made securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds and notes are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the commonwealth for any purpose for which the deposit of bonds or obligations of the commonwealth is now or may hereafter be authorized by law.
SECTION 8. Notwithstanding any of the provisions of this act or any recitals in any bonds or notes issued under this act, all such bonds and notes shall be deemed to be investment securities under the Uniform Commercial Code.
SECTION 9. The housing bank and all its revenues, income and real and personal property used solely by the housing bank in furtherance of its public purposes shall be exempt from taxation and from betterments and special assessments and the housing bank shall not be required to pay any tax, excise or assessment to or for the commonwealth or any of its political subdivisions. Bonds and notes issued by the housing bank, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be exempt from taxation within the commonwealth. The provisions of section 27C of chapter 29 of General Laws shall not apply to this section or any other provisions of this chapter.
SECTION 10. The housing bank shall address the greatest community need as determined from time to time by the commission according to prevailing data, and subject to the provisions of this act. Not less than 75 per cent of the expenditures and funding commitments approved by the commission in any fiscal year shall be allocated to activities or projects on properties previously developed with existing buildings, or to fund infrastructure, including wastewater disposal and utilities, associated with such projects.
The commission shall require that all projects funded in whole or part by the housing bank under section 11 minimize disturbances to the local ecology. New construction funded in whole or part by the housing bank shall: be prohibited from using fossil fuels on site except as needed during construction, renovation, repair, temporary use for maintenance, or vehicle use. All new construction funded in whole or in part by the housing bank shall be required to (i) achieve a home energy rating service rating of zero and (ii), to the maximum extent possible, produce no new net nitrogen pollution. New construction on undeveloped properties of more than five acres funded in whole or part by the housing bank shall be required to (i) preserve a minimum of 40 per cent of the property as open space, and (ii) minimize tree removal. The foregoing requirements shall apply to all units in a project receiving housing bank funding including income-restricted, market-rate, and other units. Satisfaction of each of the provisions of this section shall be as determined by the commission.
SECTION 11. Grants, loans, guarantees, lines of credit, interest subsidies, rental assistance, or any other means of funding provided pursuant to section 4(d) shall be made in accordance with this section. The housing bank shall solicit applications for activities and projects within its member towns through a competitive process, which shall include annual public notice of funding availability. Only activities and projects that create, preserve or support perpetual year-round housing, community housing or housing-related infrastructure that serves perpetual year-round housing or community housing, shall be eligible for funding. Eligible activities and projects shall include:
purchase and rehabilitation of existing structures;
construction of rental and ownership housing, including on-site or off-site infrastructure;
purchase of real property interests, including easements;
down payment assistance, grants, and loans including shared appreciation equity loans, on such terms as the commission may determine from time to time;
rental assistance programs;
modernization and capital improvements of existing rental and ownership housing;
creation of apartments and other ancillary housing;
housing counseling, predevelopment costs and technical assistance associated with creating community housing or housing-related infrastructure; and
mixed-use development projects.
In selecting proposals for funding, the commission shall prioritize proposals that: (i) are close to existing services; (ii) are not in priority habitat areas as defined under the Massachusetts Endangered Species Act, or any successor act; and (iii) mitigate the effects of climate change, such as projects which (a) do not involve acquisition of fossil fuel equipment and (b) have a master plan to delineate a path to fossil-fuel free operation and net-zero annual site energy consumption. In considering projects for funding, the commission shall use as guidelines town or regional master plans, wastewater plans, watershed management plans, open space plans, and climate and energy goals.
SECTION 12. Anti-flipping restrictions shall be imposed on all activities and projects receiving housing bank funding pursuant to section 11, any housing units created, rehabilitated or acquired pursuant to this act, and any sale, lease, exchange, transfer or conveyance of real property by the housing bank, and additional restrictions shall be imposed as set forth in this section. Year-round housing restrictions shall be imposed in connection with the extension of loans or grant of down payment assistance. In all other circumstances in which the housing bank provides funding pursuant to section 11, or sells, leases, exchanges, transfers or conveys real property, or housing units are created, rehabilitated or acquired pursuant to this act, the activity or project, the real property, and any such housing units shall be subject to year-round housing restrictions, community housing restrictions, and transfer price restrictions.
Any community housing restriction, year-round housing restriction, transfer price restriction or anti-flipping restriction held by the commission pursuant to this chapter shall be construed as a restriction held by a governmental body with the benefit of section 26 of chapter 184 of the General Laws and shall not be limited in duration by any rule or operation of law, but shall run in perpetuity. Notwithstanding any general or special law to the contrary, any community housing restriction, year-round housing restriction, transfer price restriction or anti-flipping restriction imposed by the commission pursuant to this chapter, whether or not held by the commission, shall be deemed to be an affordable housing restriction within the meaning of section 31 of chapter 184 of the General Laws and shall not be limited in duration by any rule or operation of law, but shall run in perpetuity.
SECTION 13. The commission shall meet its financial obligations by drawing upon a fund, to be set up as a revolving or sinking account within the treasury of the county of Dukes County. Deposits into the fund shall include (a) funds appropriated, borrowed or transferred to be deposited into the fund by vote of the county commissioners of the county of Dukes County or of town meetings of the member towns; (b) voluntary contributions of money and other liquid assets to the fund; (c) revenues from fees imposed upon the transfer or real property interests as set forth in section 15 occurring after the effective date of this act; (d) proceeds from the disposition of personal property, real property interests or other assets of the housing bank; and (e) proceeds of loans made by the housing bank. Grants or gifts of money or other assets to the housing bank shall be expended only for the purposes of the grant or gift and subject to any restrictions or limitations imposed thereon by the grantor or donor thereof, and to all the restrictions, limitations, and guidelines laid out elsewhere in the Act.
All expenses lawfully incurred by the commission in carrying out the provisions of this act shall be evidenced by proper vouchers and shall be paid by the county treasurer of said county only upon submission of warrants duly approved by the commission. The county treasurer of said county shall prudently invest available assets of the fund in accordance with the regulations and procedures adopted by the commission and all income thereon shall accrue to the fund.
SECTION 14. The commission, or its designee, shall keep a full and accurate account of its actions including a record as to when, from or to whom, and on what account money has been paid or received under this act. These records shall be subject to examination by the director of accounts or the director’s agent. There shall be an annual audit conducted by a duly recognized accounting firm and a copy of said audit distributed to the select board of each member town. The Dukes County treasurer shall keep a full and accurate account stating when, from or to whom, and on what account money has been paid or received relative to the activities of the commission and the housing bank.
SECTION 15. There is hereby imposed a fee equal to 2 per cent of the purchase price upon the transfer of any real property interest with respect to any real property located in a member town or towns. Said fee shall be the liability of the purchaser of such real property interest, and any agreement between the purchaser and the seller or any other person with reference to the allocation of the responsibility for bearing said fee shall not affect such liability of the purchaser. Such fee shall be paid to the commission or its designee, and shall be accompanied by a copy of the deed or other instrument evidencing such transfer, if any, and an affidavit signed under oath or under the pains and penalties of perjury by the purchaser or the purchaser’s legal representative, attesting to the true and complete purchase price and the basis, if any, upon which the transfer is claimed to be exempt in whole or in part from the fee imposed hereby. The commission or its designee shall promptly thereafter execute and issue a certificate indicating that the appropriate fee has been paid or that the transfer is exempt from the fee and stating the basis for the exemption. The register of deeds for the county of Dukes County, and the assistant recorder for the registry district of the county of Dukes County, shall not record or register, or receive or accept for recording or registration, any deed, except a mortgage deed, relative to a real property interest in real property situated in any town that is a member of the commission to which has not been affixed such a certificate, executed by the commission or its designee. Failure to comply with this requirement shall not affect the validity of any instrument. The commission or its designee shall deposit all fees received hereunder with the county treasurer of the county of Dukes County as part of the fund established by section 13. The fee imposed hereunder shall be due simultaneously with the time of transfer upon which it is imposed.
SECTION 16. The commission is authorized to enter into one or more agreements with the Martha’s Vineyard land bank commission established by Chapter 736 of the Acts of 1985, as amended, through which the housing bank may delegate to the Martha’s Vineyard land bank commission the record keeping requirements set forth in section 14, collection of fees, processing of applications for exemptions and issuance of certificates and pursuant to section 15, processing of applications for refunds pursuant to section 17, the imposition of interest or penalties pursuant to section 19, sending of notices and conduct of hearings pursuant to section 20, providing for compensation or reimbursement of costs incurred by the Martha’s Vineyard land bank commission from fees collected pursuant to this act and any other matter that may be delegated pursuant to section 4A of chapter 40 of the General Laws. Notwithstanding section 4A of chapter 40 or any general or special law to the contrary, such agreement or agreements may be for a term in excess of 25 years.
SECTION 17. At any time within 7 days following the issuance of the certificate of payment of the fee imposed by section 15, the purchaser or the purchaser’s legal representative may return said certificate to the commission or its designee for cancellation, together with an affidavit signed under oath or under the pains and penalties of perjury that the transfer, with respect to which such certificate was issued, has not been consummated, and thereupon the fee paid with respect to such transfer shall be forthwith returned to the purchaser or the purchaser’s legal representative.
SECTION 18. The following transfers of real property interests shall be exempt from the fee established by section 15. Except as otherwise provided, the purchaser shall have the burden of proof that any transfer is exempt hereunder.
Transfers to the government of the United States, the commonwealth, and any of their instrumentalities, agencies or subdivisions;
transfers which, without additional consideration, confirm, correct, modify or supplement a transfer previously made;
transfers made as gifts with consideration of less than $100; in any proceedings to determine the amount of any fee due hereunder, it shall be presumed that any transfer for consideration of less than fair market value of the real property interests transferred was made as a gift without consideration to the extent of the difference between the fair market value of the real property interests transferred and the amount of consideration claimed by the purchaser to have been paid or transferred, if the purchaser shall have been at the time of transfer the spouse, the lineal descendant, the lineal ancestor of the seller, by blood or adoption, and otherwise it shall be presumed that consideration was paid in an amount equal to the fair market value of the real property interests transferred, at the time of transfer;
transfer to the trustees of a trust in exchange for a beneficial interest received by the seller in such trust; distribution by the trustees of a trust to the beneficiaries of such trust;
transfers by operation of law without actual consideration, including but not limited to transfers occurring by virtue of the death or bankruptcy of the owner of a real property interest;
transfers made in partition of the land and improvements thereto, under the provisions of chapter 241 of the General Laws;
transfers to any charitable organization as defined in clause third of section 5 of chapter 59 of the General Laws, or any religious organization, provided that the real property interests so transferred shall be held by the charitable or religious organization solely for its public, charitable or religious purposes;
transfers to a mortgagee in foreclosure of the mortgage held by such mortgagee, and transfers of the property subject to a mortgage to the mortgagee in consideration of the forbearance of the mortgagee from foreclosing said mortgage;
transfers made to a corporation, limited liability company or partnership at the time of its formation, pursuant to which transfer no gain or loss is recognized under the provisions of section 351 of the Internal Revenue Code;
transfers made to a stockholder of a corporation in liquidation of the corporation, transfers to a member in liquidation of a limited liability company, and transfers made to a partner of a partnership in liquidation of the partnership;
transfers consisting of the division of marital assets under the provisions of section 34 of chapter 208 of the General Laws or other provisions of law;
transfers of property consisting in part of real property interests situated within a town that is a member of the commission and in part of other property interests, to the extent that the property transferred consists of property other than real property situated within a town that is a member of the commission provided that the purchaser shall furnish the commission with such information as it shall require or request in support of the claim of exemption and manner of allocation of the consideration for such transfers;
the first $1,000,000 of the purchase price of all transfers of real property interests, or a higher exemption as determined annually by the commission;
transfer of a real property interest that is subject to and used consistent with an affordable housing restriction as defined in section 31 of chapter 184 of the General Laws; provided, however, that the affordable housing restriction has a term remaining at the time of the transfer of not less than 5 years; and provided further, that the purchaser shall make the real property with respect to which the real property interest is held and that is the subject of the transfer, the purchaser’s actual domicile within 2 years of the time of transfer and shall remain permanently or for an indefinite time and without any certain purpose to return to a former place of abode for a period lasting not less than the fifth anniversary of the transfer. Notwithstanding this paragraph, if the real property interest is transferred again within 5 years and the later transfer complies with this paragraph, the fee, interest and penalty shall not be due. The fee exempted hereunder shall become due, together with the accumulated interest and penalties calculated from the date of the transfer exempted hereunder, if: (i) the commission or its designee determines that a purchaser has not made the real property with respect to which the real property interest is held and that is the subject of the transfer the purchaser’s actual domicile within 2 years of the time of transfer; (ii) the holder of an affordable housing restriction determines within 5 years of the transfer that the real property interest to which it pertains is not being used consistent with the requirements of the affordable housing restriction; or (iii) a later transfer within 5 years does not comply with this paragraph. The purchaser shall certify as to the foregoing and the commission shall attach to the deed a certificate that shall recite the fact that there is running with the land a lien equal to the amount of the fee exempted plus accumulated interest and penalties until such time as all conditions of this paragraph have been met.
transfer of a real property interest which is limited to any of the following: the dominant estate in any easement or right of way; the right to enforce any restriction; any estate at will or at sufferance; any estate for years having a term of less than thirty years; any reversionary right, condition, or right of entry for condition broken; and the interest of a mortgagee or other secured party in any mortgage or security agreement.
SECTION 19. A purchaser who fails to pay all or any portion of the fee established by section 15 on or before the time when the same is due shall be liable for the following additional payments in addition to said fee:
(a) Interest. The purchaser shall pay interest on the unpaid amount of the fee to be calculated from the time of transfer at a rate equal to 14 per cent per annum.
(b) Penalties. Any person who, without fraud or willful intent to defeat or evade a fee imposed by this act, fails to pay all or a portion of the fee within 30 days after the time of transfer, shall pay a penalty equal to 5 per cent of the outstanding fee as determined by the commission for each month or portion thereof that the fee is not paid in full; provided, however, that in no event shall the amount of any penalty imposed hereunder exceed 25 per cent of the unpaid fee due at the time of transfer. Whenever the commission or its designee determines that all or a portion of a fee due under section 15 was unpaid due to fraud with intent to defeat or evade the fee imposed by this chapter, a penalty equal to the amount of said fee as determined by the commission or its designee shall be paid by the purchaser in addition to said fee.
SECTION 20. (a) The commission or its designee shall notify a purchaser by registered or certified mail of any failure to discharge in full the amount of the fee due under this act and any penalty or interest assessed pursuant to sections 18 or 19. The commission or its designee shall grant a hearing on the matter of the imposition of said fee, interest or penalty if a petition requesting such hearing is received by the commission within 30 days after the mailing of said notice. The commission or its designee shall notify the purchaser in writing by registered or certified mail of its determination concerning the deficiency, penalty or interest within 15 days after said hearing. Any party aggrieved by a determination of the commission or its designee concerning a deficiency, penalty or interest may, after payment of said deficiency, appeal to the district or superior court within 3 months after the mailing of notification of the commission or its designee. Upon the failure to timely petition for a hearing, or appeal to said courts, within the time limits hereby established, the purchaser shall be bound by the terms of the notification, assessment or determination, as the case may be, and shall be barred from contesting the fee, and any interest and penalty, as determined by the commission or its designee. All decisions of said courts shall be appealable. Every notice to be given under this section by the commission or its designee shall be effective if mailed by certified or registered mail to the purchaser at the address stated in a recorded or registered instrument by virtue of which the purchaser holds any real property interest, the transfer of which gives rise to the fee which is the subject of such notice; and if no such address is stated or if such transfer is not evidenced by an instrument recorded or registered in the public records in the county of Dukes County, such notice shall be effective when so mailed to the purchaser in care of any person appearing of record to have a fee interest in the real property in which the real property interest is held, at the address of such person as set forth in an instrument recorded or registered in the county of Dukes County.
(b) All fees, penalties and interest required to be paid pursuant to this act shall constitute a personal debt of the purchaser and may be recovered in an action of contract or in any other appropriate action, suit or proceeding brought by the commission; said action, suit or proceeding shall be subject to chapter 260 of the General Laws.
(c) If any purchaser liable to pay the fee established by this act neglects or refuses to pay the same, the amount, including any interest and penalty thereon, shall be a lien in favor of the commission upon all property and rights to property, whether real or personal, belonging to such purchaser. Said lien shall arise at the time of transfer and shall continue until the liability for such amount is satisfied. Said lien shall in any event terminate not later than 6 years following the time of transfer. Said lien shall not be valid as against any mortgagee, pledgee, purchaser or judgment creditor unless notice thereof has been filed by the commission (i) with respect to real property or fixtures, in the registry of deeds for the county of Dukes County, or (ii) with respect to personal property, in the office in which a security of financing statement or notice with respect to the property would be filed in order to perfect a nonpossessory security interest belonging to the person named in the relevant notice, subject to the same limitations as set forth in section 50 of chapter 62C of the General Laws.
In any case where there has been a refusal or neglect to pay any fee, interest or penalties imposed by this act, whether or not levy has been made, the commission, in addition to other modes of relief, may direct a civil action to be filed in a district or superior court of the commonwealth to enforce the lien of the commission under this section with respect to such liability or to subject any property of whatever nature of the delinquent, or in which he has any right, title or interest, to the payment of such liability.
The commission may issue a waiver or release of any lien imposed by this section with the approval of the town advisory board of the town or towns in which the property subject to the lien is located. Such waiver or release shall be conclusive evidence that the lien upon the property covered by the waiver or release is extinguished.
SECTION 21. This act, being necessary for the welfare of the member towns and the county of Dukes County and their inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 22. Any town on Martha’s Vineyard that is not a member of the housing bank may become a member by the affirmative vote of a majority of the voters at any regular or special town election at which the question of acceptance has been placed on the ballot. All rights, privileges and obligations applicable to the original members of the housing bank shall be applicable to new members, but a new member town shall not be responsible for funding obligations or debt incurred before it became a member. The initial town-representative commission member of a new member town shall be appointed, and thereafter the town-representative members for such town shall thereafter be elected, as provided in section 3; provided that the initial term of the initial elected town representative member shall be for such period as may be determined by the commission in order to preserve staggered terms as required by section 3.
SECTION 23. Any member town may withdraw from the housing bank by the affirmative vote of a majority of the voters at any regular or special town election. The fee established by section 15 shall continue to be collected in any town that votes to withdraw, but only until satisfaction of such town’s pro rata share of all housing bank debt incurred and all funding commitments approved by the town’s town advisory board prior to the date that such town provides notice to the commission that the town has voted at a regular or special election to withdraw from the housing bank. A town’s pro rata share of housing bank debt shall be determined as the ratio of all fees collected on behalf of such town under section 15 during its membership in the housing bank to all fees collected under section 15 on behalf of all member towns during the same period. Upon receipt of notice that a member town has voted at a regular or special election to withdraw from the housing bank, the commission or its designee shall reserve all transfer fees received on behalf of such withdrawing town, in excess of the amounts necessary to pay current debt service on such town’s pro rata share of housing bank debt and to pay funding commitments approved by such town’s town advisory board prior to receipt of such, which amounts shall be applied solely to the payment of such funding commitments, and to housing bank debt allocable to the withdrawing town at its earliest optional redemption date or dates, as the case may be.
In the event of a town’s withdrawal, the commission may expend funds for activities and projects located within the withdrawing town only to the extent that such expenditures were approved prior to the date that such town provides notice to the commission that the town has voted at a regular or special election to withdraw from the housing bank, and provided that transfer fees continue to be collected in that town.
SECTION 24. This act shall expire 30 years from its date of passage unless specifically extended by vote of the commission and an affirmative vote of a majority of the voters at town meetings of at least 4 member towns; provided that, if extended, this act shall remain in effect only for those towns that vote in the affirmative to extend. The fee established by section 15 shall continue to be collected in any town that does not vote to extend this act until satisfaction of both all funding commitments approved by the withdrawing town’s town advisory board and debt incurred by the housing bank prior to (1) the effective date of the extension of the this act if this act is extended notwithstanding the town’s vote, and (2) the expiration of this act, if this act is allowed to expire.
If the member towns of the housing bank are reduced to fewer than 4, the housing bank shall be dissolved. Upon dissolution of the housing bank, the fee established by section 15 shall continue to be imposed until all funding commitments and debt, including but not limited to repayment of bonds and notes of the housing bank, have been paid in full, and the commission shall continue in existence during such time for the sole purpose of collecting and administering such fees. Title to all funds, personal property and real property interests shall vest in the member towns or their designees as herein provided after provision is made for payment of all bonds, notes and other obligations of the housing bank. Personal property and real property interests held by the housing bank at the time of dissolution shall be transferred to the town or towns in which property is situated, or the designee of such town or towns, who shall maintain, protect, limit the future use of, improve, or otherwise preserve such property for year-round housing and community housing purposes as defined in section 1. Funds held by the housing bank shall be transferred to the towns on Martha’s Vineyard in proportion to the fees collected on behalf of each town over the life of the housing bank under this act, to be held in trust for the purpose of holding and managing the real property interests transferred to the towns pursuant to this paragraph.
SECTION 25. Acceptance of this act shall be by the affirmative vote of a majority of the voters at any regular or special town election at which the question of acceptance has been placed on the ballot. This act shall become effective on the date on which acceptance by four towns located on Martha’s Vineyard has been effected.
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