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An Act to provide sunlight to state government
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S1963
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SD131
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:52:03.707'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:52:03.7066667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:12:05.8533333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-02T15:08:08.39'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T16:44:57.83'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-03-15T14:42:35.1733333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-04-21T11:32:04.6933333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-05-30T16:06:45.7066667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-08-31T09:18:29.59'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1963/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1963) of James B. Eldridge, David Henry Argosky LeBoeuf, Mike Connolly and Rebecca L. Rausch for legislation to provide sunlight to state government. Rules of the two branches, acting concurrently.
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SECTION 1. Section 35 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “court”, in line 2, the following words:- 1 week before the hearing
SECTION 2. Said section 35 of said chapter 3, as so appearing, is hereby further amended by adding the following 4 paragraphs:-
If public testimony is being solicited, the legislative committee’s agenda shall include an electronic mail address and physical mail address for the submission of testimony. The senate and house clerk shall publish such information on the official website of the general court.
Said public testimony received by the legislative committee that is readily capable of being reproduced shall be made available to the public upon request; provided, however, that the legislative committee may redact public testimony that includes sensitive personal information or information that may jeopardize the health, wellness or safety of an individual.
If the legislative committee solicits expert testimony, the legislative committee shall make reasonable efforts to promote the diversity of expert witness panels. For purposes of this section and section 35A, a legislative committee shall mean a joint committee, a committee consisting exclusively of senate or house members or a special commission that is chaired by a member of the general court.
SECTION 3. Chapter 3 of the General Laws is hereby amended by inserting after section 35 the following section:-
Section 35A. The senate and house clerks shall post all recorded votes of each member of a legislative committee on the website of the general court as soon as practicable but no later than 48 hours of the vote being taken; provided, however, that in the 2 weeks before the conclusion of all formal business of the first annual session of the general court or the 2 weeks before the conclusion of the second annual session of the general court the clerk shall post all recorded votes as soon as practicable.
SECTION 4. Subclause 26 of section 7 of chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the figure “32,” in line 157, the following words:- or office of the governor
SECTION 5. Section 4 shall apply to records of the office of the governor created or received after noon on January 5, 2023.
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Resolutions to improve the care of atherosclerotic cardiovascular disease
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S1964
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SD1735
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T20:06:14.613'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T20:06:14.6133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1964/DocumentHistoryActions
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Resolution
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By Ms. Miranda, a petition (accompanied by resolutions, Senate, No. 1964) of Liz Miranda for the adoption of resolutions to improve the care of atherosclerotic cardiovascular disease. Senate Rules.
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WHEREAS, cardiovascular disease is the leading cause of death in the United States, and in the United States, approximately 21 million patients have been diagnosed with atherosclerotic cardiovascular disease (ASCVD) and are at risk of cardiovascular event; and
WHEREAS, ASCVD is linked to the build-up of cholesterol in the arteries, and the risk of associated events can be modified by lowering low-density lipoprotein cholesterol (LDL-C), nearly 70 million United States adults had higher than recommended LDL-C levels, and 43.1 million people in the United States are currently treated with lipid- lowering therapies to manage cardiovascular risk; and
WHEREAS, only 20% of people with ASCVD who are taking statins, one of the leading lipid-lowering therapies, actually achieve healthy levels of LDL-C, and the total direct and indirect cost of ASCVD in the US was $555 billion in 2016, and is projected to climb to $1.1 trillion by 2035; and
WHEREAS, in Massachusetts, 418,600 adults have been told by a health professional that they had angina, a stroke, a heart attack, or coronary heart disease, which are some of the manifestations of ASCVD, 6,030 people had ASCVD as an underlying cause of death, 235,200 adults reported experiencing a heart attack in their lifetime, and 129,700 adults reported experiencing a stroke in their lifetime; and
WHEREAS, Massachusetts spends an estimated $2.4 billion dollars on direct medical expenses for ASCVD care each year; now, therefore, be it
RESOLVED, by the Senate of the Commonwealth of Massachusetts urges state agencies to expand comprehensive cardiovascular screening programs to allow for earlier identification of patients at risk of cardiovascular events, to collaborate with federal and national agencies and organizations to establish or expand comprehensive cardiovascular screening programs, to update the state’s cardiovascular plan to accelerate quality improvements in the care rendered to these patients such that screening, treatment, monitoring, and improved health outcomes are achieved , and that policies are created to decrease the rising number of deaths of Americans as a result of ASCVD; and be it further
RESOLVED, that a copy of these resolutions be forwarded by the Clerk of the Senate to the author for appropriate distribution.
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An Act relating to public access to historical records
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S1965
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SD1389
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T15:25:59.8'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T15:25:59.8'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-03T09:15:20.4133333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-06T15:14:57.2'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-07T16:16:15.2366667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-08T12:55:08.5766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-12T09:54:41.6666667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-08-03T15:02:47.7333333'}]
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1965) of Michael J. Barrett, Angelo J. Puppolo, Jr., Thomas M. Stanley, Anne M. Gobi and other members of the General Court for legislation to facilitate access to public records. State Administration and Regulatory Oversight.
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Section 7 of Chapter 66 of the General Laws is hereby amended by adding the following sentence:- All records in the custody of the state secretary shall be open to public inspection and available for copying after the expiration of 75 years from the creation of the record.
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An Act clarifying lobbying law violations
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S1966
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SD823
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-18T12:21:58.7'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-18T12:21:58.7'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1966/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 1966) of Michael D. Brady for legislation to clarify lobbying law violations. State Administration and Regulatory Oversight.
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Section 45 of Chapter 3 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended
by striking clause(m)and inserting in place thereof the following:
“(m) The state secretary shall automatically disqualify a person convicted of a felony or misdemeanor in violation of chapter 3, chapter 55 or chapter 268A or comparable offense under federal law or the law of another state from registering as an executive or legislative agent for a period of 10 years from the date of conviction".
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An Act making records in the office of the Governor public
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S1967
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SD2075
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-18T12:25:49.917'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-18T12:25:49.9166667'}, {'Id': None, 'Name': 'Secretary William Galvin', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T12:49:07.9033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1967/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 1967) of Michael D. Brady and Secretary William Galvin for legislation to make records in the office of the Governor public. State Administration and Regulatory Oversight.
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SECTION 1. Subclause 26, in lines 146 to 158, inclusive, of Section 7 of Chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “section 1 of chapter 32,” in line 157, the following words: “or office of the governor. “
SECTION 2. Subclause 26 of Section 7 of Chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by inserting after “in section 10A of chapter sixty-six” in line 273, the following sentence: “This section applies to records of the office of the governor created or received after noon on January 6, 2027.”
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An Act relative to certain easements
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S1968
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SD354
| 193
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-12T18:02:27.88'}
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[{'Id': None, 'Name': 'James J. Decoulos', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-12T18:02:27.88'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1968/DocumentHistoryActions
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Bill
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By Mr. Brownsberger (by request), a petition (accompanied by bill, Senate, No. 1968) of James J. Decoulos for legislation relative to certain easements. State Administration and Regulatory Oversight.
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PREAMBLE. By Chapter 463 of the Acts of 1869, the Legislature enfranchised all Native American Indians and declared that they were citizens of the Commonwealth, entitled to all the rights, privileges and duties of other citizens. The Act also affirmed that lands previously set off to any Indian were to become the property of such person and his heirs in fee simple. Thereafter, various acts were adopted for the disposition of common lands at Chappaquiddick, Dudley, Gay Head, Herring Pond and Mashpee. The previously set off lands and the lands divided from the common lands were intended to have the full rights and benefits of property ownership, including the right to reasonable residential use and access.
SECTION 1. Notwithstanding any general or special law to the contrary, lots created for the Native American Indians at Chappaquiddick, Dudley, Gay Head, Herring Pond or Mashpee, and the lots created from the partition of common lands in those former Indian districts, shall be deemed to have been granted in fee simple absolute with no restraint on alienation. If express easements do not exist for such lots, the superior court shall have jurisdiction to establish forty-foot wide easements to a public way over public lands, including land held by any land bank, for vehicular access and underground utilities to such lots. If public lands are not available to provide an express easement to any such lot, new forty-foot wide easements shall be created to the nearest public way by the superior court, with the court establishing all the necessary parties required for an equitable resolution. Such easements shall be considered ways that were in existence when the subdivision control law became effective in the city or town in which the land lies, providing sufficient frontage, width, suitable grades and adequate construction to support the needs of vehicular traffic in relation to the residential use of the land, for adequate public safety and for the installation of underground utilities to serve such land and the buildings erected or to be erected thereon. The frontage of the easements shall be of such distance as is required by zoning or other ordinance or by-law, to allow for residential dwellings on such lots.
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An Act concerning induction loop listening system installation
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S1969
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SD923
| 193
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-18T13:57:38.707'}
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[{'Id': None, 'Name': 'Janice Lintz ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T13:57:38.7066667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-03-28T14:21:57.9333333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-28T14:21:57.9333333'}]
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Bill
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By Mr. Brownsberger (by request), a petition (accompanied by bill, Senate, No. 1969) of Janice Lintz for legislation relative to induction loop listening system installation. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 143 of the General Laws, as appearing in the 2020 official edition, is amended by inserting after section 100 the following section:
Section 101
a. The owner of an area of public assembly or service shall maintain an induction loop listening system, and shall post prominently-visible permanently-mounted signage to indicate to visitors that the induction loop listening system is available. This requirement shall apply when, in association with a building permit application that is initially submitted following the effective date of this section, an area of public assembly or service is newly constructed or undergoes a substantial renovation. Following initial installation, an owner of an area of public assembly or service for whom this section applies shall, on a biennial basis, complete a self certification form and submit the form to the applicable code enforcing agency, attesting that the induction loop listening system continues to be functional.
b. In association with a building permit application, the permit applicant may assert that installation of an induction loop listening system would be impractical, and request that the enforcing agency reviewing the application evaluate that assertion. Notwithstanding any provision of subsection a. of this section to the contrary, an owner of an area of public assembly or service shall not be required to install an induction loop listening system if the enforcing agency reviewing the application determines that the installation of an induction loop listening system would be impractical.
c. The Board of Building Regulations and Standards, as established by section 93 of chapter 143 of the General Laws, shall promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall include, but not be limited to, standards for:
(1) the installation of an induction loop listening system;
(2) the conditions that would render the installation of an induction loop listening system impractical pursuant to subsection b. of this section;
(3) the placement and appearance of the required signage, using the ear-with-T logo; and
(4) the frequency and criteria of public access that shall cause a space to be designated as open to the public in relation to the definition of an area of public assembly or service.
d. As used in this section:
“Area of public assembly or service” means a building or structure, or space within a building or structure, that is regularly open for public gatherings, including an auditorium, theater, meeting room, courtroom, community center, library, pharmacy counter, information desk at a medical facility, a waiting area for a medical office, bank teller area, car rental business, restaurant, bar, or other food or beverage counter service location, coat check area, grocery store check-out area, ticket payment location, or other category of space designated by the commissioner as an area of public assembly or service.
“Induction loop listening system” means a hardwired assistive listening system through which a loop of wire around an area of a building produces a signal, or a hardwired countertop version that produces a signal, received directly by hearing aids and cochlear implants equipped with telecoil features used by persons with hearing loss.
“Substantial renovation” means a construction or renovation project requiring a building permit and where the value of the renovation to the area of public assembly or service exceeds $40,000.
SECTION 2. This act shall take effect on the first day of the seventh month next following enactment.
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An Act protecting consumer rights in purchasing safe and habitable homes
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S197
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SD1504
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:19:22.98'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:19:22.98'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-01T15:42:32.08'}, {'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-02-01T15:42:32.08'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-01T15:42:32.08'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-02-08T11:57:36.67'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-08T11:57:36.67'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-08T11:57:36.67'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-22T11:41:50.8033333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-02T15:25:39.5166667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-08T11:40:28.4066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-14T12:46:22.4'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-21T16:01:56.09'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-21T16:01:56.09'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-23T11:54:23.78'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T16:43:47.0466667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-08-01T11:44:29.6666667'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 197) of Michael O. Moore, John J. Cronin, John H. Rogers, Angelo J. Puppolo, Jr. and other members of the General Court for legislation to protect consumer rights in purchasing safe and habitable homes. Consumer Protection and Professional Licensure.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 143 the following chapter:
CHAPTER 143A
INSPECTION OF CERTAIN RESIDENTIAL PROPERTY PRIOR TO SALE
Section 1. Notwithstanding any general or special law to the contrary, except as otherwise provided in this chapter, a prospective purchaser of a residential structure or a residential condominium unit shall have the right to have said structure or unit inspected by a home inspector licensed under section 222 of chapter 112, within ten days (or such longer period as seller and prospective purchaser may agree in writing) of the seller’s acceptance of an offer to purchase made by said prospective purchaser.
For the purposes of this chapter, an inspection shall mean the process by which a home inspector observes and provides, pursuant to the sale and transfer of a residential structure or residential condominium unit, a written evaluation of the following readily accessible components of the residential structure or, if a residential condominium unit, the unit and its associated common areas: heating, cooling, plumbing and electrical systems, structural components, foundation, roof, masonry structure, exterior and interior components and any other related residential housing components. Unless requested otherwise by the prospective purchaser in writing, an inspection shall conform in all respects with the regulations on the standards of practice promulgated by the Board of Registration of Home Inspectors.
Section 2. No seller of a residential structure or of a residential condominium unit, or agent thereof, shall condition the acceptance of an offer to purchase on the prospective purchaser’s agreement to waive, limit, restrict, or otherwise forego prospective purchaser’s right have said structure or unit inspected, other than when the sale of the structure or unit is to occur at an auction conducted by an auctioneer licensed under chapter 100.
No seller shall accept an offer to purchase from any prospective purchaser or agent thereof who, in advance of seller’s acceptance of said offer, informs the seller either directly or indirectly that the prospective purchaser intends to waive in whole or in part the prospective purchaser’s right to inspection, except that the seller may accept such an offer without violating this chapter when the prospective purchaser is (i) the spouse, sibling, child, parent, grandparent, grandchild, great-grandchild, or great-grandparent of the seller, or (ii) the former spouse of the seller and the sale of the structure or unit is being made pursuant to a judgment or order under chapter 208.
Each offer to purchase a residential structure or a residential condominium unit shall include the following: “Buyer is entitled under Chapter 143A of the General Laws to choose to have the premises inspected within ten days (or such longer period as Seller and Buyer may agree in writing) of Seller’s acceptance of Buyer’s offer to purchase, at Buyer’s expense. Unless one of the exceptions in Chapter 143A applies, neither Seller nor Buyer may make acceptance of this offer to purchase contingent upon waiver, limitation, or restriction of Buyer’s right to choose to obtain a home inspection. Should Buyer choose to have the premises inspected, if it is the inspector’s opinion that the premises contain serious structural, mechanical or other defects, and if the repair of such defects would cost Buyer in the aggregate more than the amount indicated by the Buyer herein ($________), then Buyer shall have the option of revoking this offer to purchase by written notice to the Seller and/or Seller’s agent within five business days of the date of the inspection (or such longer period as Seller and Buyer may agree in writing). Such notice shall be accompanied by a copy of the inspector’s opinion and a copy of cost estimates obtained by Buyer.”
Section 3. Nothing in this chapter shall be construed to require, mandate, or otherwise compel a prospective purchaser to obtain an inspection following the acceptance by the seller of an offer to purchase. The prospective purchaser’s right to obtain an inspection shall expire if no inspection occurs within ten days of the seller’s acceptance of a prospective purchaser’s offer to purchase (or such longer period as seller and prospective purchaser may agree in writing).
Section 4. Any seller who fails to comply with the provisions of this chapter shall be liable to the prospective purchaser for all damages caused by the failure to comply and, in addition, shall be subject to assessment of a civil penalty not to exceed four percent of the sale price of the structure or unit as recorded at the registry of deeds or ten thousand dollars, whichever is greater. A violation of this chapter by a person engaged in trade or commerce shall be an unfair and deceptive act or practice as defined in section two of chapter ninety-three A. A violation of this chapter by any person performing or attempting to perform an act authorized by any license under chapter one hundred twelve shall constitute a violation for which the licensee’s board of registration may take any action authorized thereunder. The attorney general may take such action as may be necessary to enforce the provisions of this chapter.
SECTION 2. This act shall take effect upon its passage.
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[]
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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 extending certain state of emergency accommodations
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S1970
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SD2251
| 193
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-20T10:49:57.917'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-20T10:49:57.9166667'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-03-28T14:22:09.8566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1970/DocumentHistoryActions
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Bill
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By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1970) of William N. Brownsberger for legislation relative to extending certain state of emergency accommodations. State Administration and Regulatory Oversight.
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SECTION 1. Section 30A of chapter 20 of the acts of 2021, as most recently amended by section 4 of Chapter 107 of the acts of 2022, is hereby amended by striking out the words “March 31, 2023” and inserting in place thereof the following words:- July 1, 2024.
SECTION 2. Section 44 of chapter 22 of the acts of 2022 as most recently amended by section 5 of Chapter 107 of the acts of 2022, is hereby amended by striking out the words “March 31, 2023” and inserting in place thereof the following words:- July 1, 2024.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to to extend certain COVID-19 measures adopted during the state of emergency, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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[]
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[]
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[]
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[]
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An Act establishing Building Trades Recovery Week
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S1971
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SD1450
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-18T11:33:11.107'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-18T11:33:11.1066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1971/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1971) of Nick Collins for legislation to establish Building Trades Recovery Week. State Administration and Regulatory Oversight.
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Chapter 6 of the General Laws is hereby amended by inserting after section 15IIIIII the following section:-
Section 15JJJJJJ. The governor shall annually issue a proclamation setting apart the last week in April as Building Trades Recovery Week, for the Buildings Trades Employers Association to promote awareness of the dangers of opioids and substance misuse among workers in the construction industry and facilitate discussions and events to combat the opioid epidemic and promote mental health in the commonwealth's building construction industry.
.
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[]
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[]
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[]
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An Act relative to the timely and consistent payment of law enforcement personnel
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S1972
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SD1931
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T10:44:31.44'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T10:44:31.44'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1972/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1972) of Nick Collins for legislation relative to the timely and consistent payment of law enforcement personnel. State Administration and Regulatory Oversight.
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Section 39M of Chapter 30 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following paragraph at the end thereof:-
“In order to ensure the timely and consistent payment for police details assigned to public works projects performed under this chapter, the project awarding authority shall assume direct responsibility for maintaining police detail records, receiving invoices from, and making direct payments to those entities providing such paid details. The cost of police details shall not be included as part of the bid submitted by any offerer responding to a bid solicitation conducted in accordance with this chapter. This paragraph shall be referenced or included as part of the bid documents for public works projects.”
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[]
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[]
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[]
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An Act relative to diversity, equity, and inclusion
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S1973
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SD2371
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T15:33:15.95'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T15:33:15.95'}, {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-23T10:30:32.9266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1973/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1973) of Nick Collins and Chynah Tyler for legislation relative to diversity, equity, and inclusion. State Administration and Regulatory Oversight.
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Every state and quasi-state agency shall establish and maintain a senior-level position which shall have the title of director of diversity, equity, and inclusion
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[]
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[]
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An Act relative to economic development
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S1974
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SD2375
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T09:23:39.413'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T09:23:39.4133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1974/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1974) of Nick Collins for legislation relative to economic development and the Massachusetts Convention Center Authority. State Administration and Regulatory Oversight.
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SECTION 1. (a) The Massachusetts Convention Center Authority, established in section 33 of chapter 190 of the acts of 1982, shall update and supplement the report entitled “BCEC Expansion 2019 Project Report”, dated January 2020, to account for changes in the convention, venue management and hospitality industry that have developed since January 2020, including, but not limited to, changes resulting from the outbreak of the 2019 novel coronavirus, also known as COVID-19 and subsequent variants; provided, however, that the update and supplement shall include, but not be limited to, an analysis of: (i) the competitiveness of the city of Boston and the commonwealth nationally and globally as a destination for conventions, of gatherings and similar public meetings; (ii) the needs of the Boston Convention and Exhibition Center to accommodate conventions, gatherings and public meetings; (iii) how conventions, gatherings and public meetings will take place going forward, including safety and public health considerations for COVID-19 and possible future public health crises; and (iv) technology, air filtration and any other physical plant enhancements.
(b) The filing by the Massachusetts Convention Center Authority of the update and supplement described in subsection (a) shall constitute authorization by the general court and full compliance with section 38N of chapter 190 of the acts of 1982, as amended, with respect to any capital facility project undertaken by the authority in connection with this study. The Massachusetts Convention Center Authority shall file the update and supplement with the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on state administration and regulatory oversight.
SECTION 2. The Massachusetts Convention Center Authority shall convene a design advisory group that shall consist of: 5 residents of the South Boston section of the city of Boston, 1 of whom shall be appointed by the governor, 1 of whom shall be appointed by the president of the senate, 1 of whom shall be appointed by the speaker of the house of representatives, 1 of whom shall be appointed by the mayor of the city of Boston and 1 of whom shall be appointed by the city councilor for district 2 of the city of Boston; the president of St. Vincent-Lower End Neighborhood Association; and the president of the Fort Point Neighborhood Association. The Massachusetts Convention Center Authority's shall hold not less than 3 public meetings in collaboration with the design advisory group within 90 days of the effective date of this act.
The design advisory group shall review the updated and supplemental report required under the first paragraph of this section and if the design advisory group approves the report by a two-thirds vote, the report shall be referred to an appropriate committee of the legislature, to be determined by the clerks of the senate and the house of representatives, with the approval of the president of the senate and the speaker of the house of representative. Not more than 30 days after such referral, the committee shall hold a public hearing on the report. Not more than 10 days after such hearing, the committee may report that it approves or disapproves the report. Unless disapproved by a majority vote of the members of either of the 2 branches of the general court present and voting within 60 days of the referral to the committee, the report shall be deemed approved and shall constitute authorization by the general court and full compliance with section 38N of chapter 190 of the acts of 1982, as amended, with respect to any capital facility project undertaken by the Massachusetts Convention Center Authority in connection with the report.
SECTION 3. In undertaking any capital facility project in connection with the report, the Massachusetts Convention Center Authority shall follow the requirements under section 6 of chapter 195 of the acts of 2014 and shall hire a director of diversity, equity and inclusion and director of labor relations who shall jointly oversee such implementation; provided, however, that before establishing the required participation goals, the Massachusetts Convention Center Authority shall consult with the Massachusetts Port Authority on the participation goals utilized by the Massachusetts Port Authority; provided further, that, notwithstanding subsection (c) of said section 6 of said chapter 195, the participation goals shall be greater than the combined participation goals for minority business enterprises, service-disabled veteran-owned small business enterprises and women business enterprises on public building projects as established by the division of capital asset management and maintenance pursuant to section 6 of chapter 7C of the General Laws.
SECTION 4. (a) The Massachusetts Convention Center Authority shall use the Massachusetts Port Authority Model for any sale, or lease of Massachusetts Convention Center Authority land.
(b) The Massachusetts Convention Center Authority shall require area standard wages for labor to support the assembly and breakdown of productions sets for for-profit commercial events at the Lawn on D.
(c) Prior to booking a for-profit commercial event at the Lawn on D, the Massachusetts Convention Center Authority shall mutually agree to a public access and use schedule with the South Boston Community Development Foundation established under section 4 of chapter 152 of the acts of 1997.
SECTION 5. In any future request for proposal for food and beverage operations issued by the Massachusetts Convention Center Authority and in any discretionary extension of or substantive amendment to a current food and beverage concession or lease, each proposer, or current concessionaire or lessee, shall provide an assurance of labor peace in order to protect the authority’s proprietary interest in the uninterrupted receipt of revenues and provision of services from the risk of labor disruptions. Each such responsive proposal, lease or concession extension, and lease or concession amendment, shall be conditioned upon each food and beverage operator that will provide services under the lease or concession providing the authority with evidence that it has entered into a labor peace agreement with any labor organization that provides the operator with notice that it represents or will seek to represent the food and beverage workers providing service under the lease. The labor peace agreement shall be a valid agreement that contains a provision prohibiting the labor organization and its members from engaging in any picketing, work stoppages, boycotts or other economic interference with the business of the operator and shall cover all operations that are conducted by sub-contractors and sub-lessees. This paragraph shall not apply to any hotel lease or any food and beverage operation included in a hotel lease.
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[]
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[]
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[]
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An Act relative to property rights
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S1975
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SD2406
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T16:56:55.66'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T16:56:55.66'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1975/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 1975) of Nick Collins for legislation relative to property rights. State Administration and Regulatory Oversight.
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Any state or quasi-state agency of the Commonwealth or any political subdivision thereof that takes private property by eminent domain and does not adhere to their order of taking as recorded under Massachusetts General Law chapter 79 section 4 shall return the property in question back to its previous owner at the nominal cost at which it was taken.
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[]
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}]
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[]
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An Act establishing an Indigenous Peoples Day
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S1976
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SD268
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:48:57.063'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:48:57.0633333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-18T10:06:38.2933333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T12:20:12.2'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T13:26:33.83'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-09T17:27:44.2566667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-10T13:31:35.54'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:42:08.1'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-01T13:51:46.2033333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-10-03T12:29:45.4033333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T18:07:28.2933333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:40:41.7133333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-02-02T12:18:24.1233333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-25T14:03:46.8633333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-10-12T09:29:11.8633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1976/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1976) of Joanne M. Comerford, Mindy Domb, Jack Patrick Lewis, Michael J. Barrett and other members of the General Court for legislation to establish an Indigenous Peoples Day. State Administration and Regulatory Oversight.
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Chapter 6 of the General Laws is hereby amended by striking out section 12V and inserting in place thereof the following section:–
Section 12V. The governor shall annually issue a proclamation setting apart the second Monday in October as Indigenous Peoples Day and recommending that it be observed by the people, with appropriate exercises in the schools and otherwise, to acknowledge the history of genocide and discrimination against Indigenous peoples, and to recognize and celebrate the thriving cultures and continued resistance and resilience of Indigenous peoples and their tribal nations.
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An Act advancing equity for rural communities receiving state grants
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S1977
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SD296
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:13:06.743'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:13:06.7433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-12T09:29:01.3433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1977/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1977) of Joanne M. Comerford for legislation to advance equity for rural communities receiving state grants. State Administration and Regulatory Oversight.
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Chapter 7 of the General Laws is hereby amended by adding after section 62 the following section:-
Section 63. As used in this section the following words shall have the following meanings:-
“Rural communities”, municipalities with population densities of less than 500 persons per square mile.
The secretary shall direct all departments, commissions, offices, boards, divisions, institutions or other agencies administering grant programs to give preference to rural communities, particularly those that intend to use funds to regionalize or share services, and to grant applicants that serve rural communities.
The secretary shall direct all such agencies to identify and inform rural communities of discretionary grant programs and incentives for which rural communities wishing to regionalize or share services could benefit from preferences under this section.
The secretary shall annually, on or before July 1, report on the implementation of this section to the senate and house committees on ways and means, the joint committee on municipalities and regional government and members of the general court who represent rural communities.
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[]
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[]
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[]
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An Act establishing gender-neutral bathrooms
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S1978
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SD316
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T17:38:43.893'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T17:38:43.8933333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-27T12:20:14.3166667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T13:27:59.72'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-09T17:33:24.5666667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:41:43.5466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T12:52:04.0533333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T14:43:05.7433333'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-04-03T15:49:20.93'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-10-03T12:28:59.0733333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-03-01T14:52:04.14'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1978/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1978) of Joanne M. Comerford, Mindy Domb, Jason M. Lewis, James B. Eldridge and other members of the General Court for legislation to establish gender-neutral bathrooms. State Administration and Regulatory Oversight.
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Chapter 142 of the General Laws is hereby amended by inserting after section 13 the following section:-
Section 13A. The examiners shall promulgate or amend regulations to allow gender-neutral toilet and bathing facilities, including toilet and bathing facilities that contain more than 1 toilet, urinal, or shower separated by privacy walls or partitions, with separate or grouped handwashing fixtures, to be designated or installed in any use group defined in the state building code, regardless of whether the work being performed is new construction or repair, renovation or alteration work.
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[]
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[]
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[]
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An Act establishing a jail and prison construction moratorium
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S1979
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SD661
| 193
|
{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-17T16:10:50.753'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-17T16:10:50.7533333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-02T11:24:46.1233333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:36:31.43'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T14:10:24.83'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-03-03T11:31:24.11'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-10T13:39:45.3566667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:41:32.2666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T11:20:55.81'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-10T14:37:26.11'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-14T12:41:47.2233333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-06T12:07:46.11'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T12:07:46.11'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-07T10:26:05.6466667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-15T09:50:58.14'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-15T09:50:58.14'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-06T13:15:27.2633333'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-06-23T14:14:58.5466667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-06-29T11:04:38.2066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1979/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1979) of Joanne M. Comerford, Jason M. Lewis, Michael J. Barrett, Rebecca L. Rausch and other members of the General Court for legislation to establish a jail and prison construction moratorium. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 7C of the General Laws is hereby amended by inserting after section 72 the following section:-
Section 73. (a) For the purposes of this section, the term “correctional facility” shall have the same meaning as provided in section 1 of chapter 125.
(b) Notwithstanding any general or special law to the contrary, a state agency or public agency shall not:
(i) study, plan, design, acquire, lease, search for sites, or construct new correctional facilities or detention centers;
(ii) expand the capacity of an existing correctional facility or detention center beyond its current design or rated capacity;
(iii) convert any part of an existing or dormant correctional facility or detention center for the purpose of detention or incarceration, including to change or expand the populations incarcerated in that facility or center;
(iv) renovate an existing or dormant correctional facility or detention center beyond requirements for maintenance or to comply with building code requirements; or
(v) repair an existing or dormant correctional facility or detention center for the purposes of expanding the facility or center, or increasing its bed capacity.
SECTION 2. Section 73 of chapter 7C of the General Laws is hereby repealed.
SECTION 3. Section 2 shall take effect 5 years after the effective date of this act.
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An Act protecting personal identifying information
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S198
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SD1515
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:05:38.443'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T15:05:38.4433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S198/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 198) of Michael O. Moore for legislation to protect personal identifying information. Consumer Protection and Professional Licensure.
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Section 1 of Chapter 93H, as appearing in the 2020 Official Edition, is hereby amended by adding to the definition of “personal information” the following subsection:- (d) date of birth.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act establishing the Psychology Interjurisdictional Compact
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S1980
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SD584
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T12:22:06.773'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T12:22:06.7733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1980/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1980) of Cynthia Stone Creem for legislation to establish the Psychology Interjurisdictional Compact. State Administration and Regulatory Oversight.
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The General Laws are hereby amended by inserting after chapter 112A the following chapter:-
CHAPTER 112B Psychology Interjurisdictional Compact Act
Section 1. This act shall be known and may be cited as the Psychology Interjurisdictional Compact Act.
Section 2. The Governor of the Commonwealth of Massachusetts, on behalf of this State, is hereby authorized to execute a compact in substantially the following form with any one or more of the states of the United States and the General Court hereby signifies in advance its approval and ratification of the compact.
Section 3. Whereas, states license psychologists, in order to protect the public through verification of education, training and experience and ensure accountability for professional practice; and
Whereas, this compact is intended to regulate the day-to-day practice of telepsychology by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and
Whereas, this compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority;
Whereas, this compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the compact, to psychologists licensed in another state;
Whereas, this compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety;
Whereas, this compact does not apply when a psychologist is licensed in both the home state and receiving states; and
Whereas, this compact does not apply to permanent in-person, face-to-face practice, it does allow for authorization of temporary psychological practice.
Consistent with these principles, this compact is designed to achieve the following purposes and objectives:
(a) Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state which the psychologist is not licensed to practice psychology;
(b) Enhance the states' ability to protect the public's health and safety, especially client/patient safety;
(c) Encourage the cooperation of compact states in the areas of psychology licensure and regulation;
(d) Facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions and disciplinary history;
(e) Promote compliance with the laws governing psychological practice in each compact state; and
(f) Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.
Section 4.
“Adverse action”, any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.
“Association of state and provincial psychology boards” or “ASPPB”, the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.
“Authority to practice interjurisdictional telepsychology”, a licensed psychologist’s authority to practice telepsychology, within the limits authorized under this compact, in another compact state.
“Bylaws”, the bylaws established by the psychology interjurisdictional compact commission pursuant to section 12 for its governance, or for directing and controlling its actions and conduct.
“Client/patient”, the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision, or consulting services.
“Commissioner”, the voting representative appointed by each state psychology regulatory authority pursuant to section 12.
“Compact state”, a state that has enacted this compact legislation and which has not withdrawn pursuant to subsection (c) of section 15 or been terminated pursuant to subsection (b) of section 14.
“Coordinated licensure information system” or “coordinated database”, an integrated process for collecting, storing, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.
“Confidentiality”, the principle that data or information is not made available or disclosed to unauthorized persons or processes.
“Day”, any part of a day in which psychological work is performed.
“Distant state”, the compact state where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in-person, face-to-face psychological services.
“E.Passport”, a certificate issued by the Association of State and Provincial Psychology Boards that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.
“Executive board”, a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
“Home state”, a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state and is practicing under the Authorization to Practice Interjurisdictional Telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.
“Identity history summary”, a summary of information retained by the Federal Bureau of Investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.
“In-person, face-to-face”, interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.
“Interjurisdictional practice certificate” or “IPC”, a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the State Psychology Regulatory Authority of intention to practice temporarily, and verification of one's qualifications for such practice.
“License”, authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.
“Non-compact state”, any state which is not at the time a compact state.
“Psychologist”, an individual licensed for the independent practice of psychology.
“Psychology interjurisdictional compact” or “PSYPACT”, an agreement among member states, established and governed by the PSYPACT commission, to facilitate the practice of telepsychology and the temporary in-person, face-to-face practice of psychology across state boundaries.
“Psychology interjurisdictional compact commission” or “commission”, the national administration of which all compact states are members.
“Receiving state”, a compact state where the client/patient is physically located when the telepsychological services are delivered.
“Rule”, a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to section 13 of the compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal or suspension of an existing rule.
“Significant investigatory information”, investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified or had an opportunity to respond.
“State”, a state, commonwealth, territory, or possession of the United States, and the District of Columbia.
“State psychology regulatory authority”, the board, office or other agency with the legislative mandate to license and regulate the practice of psychology.
“Telepsychology”, the provision of psychological services using telecommunication technologies.
“Temporary authorization to practice”, a licensed psychologist's authority to conduct temporary in- person, face-to-face practice, within the limits authorized under this compact, in another compact state.
“Temporary in-person, face-to-face practice”, where a psychologist is physically present (not through the use of telecommunications technologies), in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.
Section 5.
(a) The home state shall be a compact state where a psychologist is licensed to practice psychology.
(b) A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.
(c) Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.
(d) Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized a temporary authorization to practice under the terms of this compact.
(e) A home state's license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:
(1) Currently requires the psychologist to hold an active E.Passport;
(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than 10 years after activation of the compact; and
(5) Complies with the bylaws and rules of the commission.
(f) A home state’s license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:
(1) Currently requires the psychologist to hold an active IPC;
(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals;
(3) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;
(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than 10 years after activation of the compact; and
(5) Complies with the bylaws and rules of the commission.
Section 6.
(a) Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with section 5, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the compact.
(b) To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:
(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded: (i) regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or (ii) a foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and
(2) Hold a graduate degree in psychology that meets the following criteria:
(i) The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;
(ii) The psychology program must stand as a recognizable, coherent, organizational entity within the institution;
(iii) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;
(iv) The program must consist of an integrated, organized sequence of study;
(v) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
(vi) The designated director of the program must be a psychologist and a member of the core faculty;
(vii) The program must have an identifiable body of students who are matriculated in that program for a degree;
(viii) The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;
(ix) The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degree and a minimum of one academic year of full-time graduate study for master's degree;
(x) The program includes an acceptable residency as defined by the Rules of the Commission.
(3) Possess a current, full and unrestricted license to practice psychology in a home state which is a compact state;
(4) Have no history of adverse action that violate the Rules of the Commission;
(5) Have no criminal record history reported on an Identity History Summary that violates the Rules of the Commission;
(6) Possess a current, active E.Passport;
(7) Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology; criminal background; and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission; and
(8) Meet other criteria as defined by the rules of the commission.
(c) The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.
(d) A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state’s scope of practice. A receiving state may, in accordance with that state's due process law, limit or revoke a psychologist's authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state’s applicable law to protect the health and safety of the receiving state’s citizens. If a receiving state takes action, the state shall promptly notify the home state and the Commission.
(e) If a psychologist's license in any home state, another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under authority to practice interjurisdictional telepsychology.
Section 7.
(a) Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with section 5, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in the compact.
(b) To exercise the temporary authorization to practice under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:
(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:
(i) Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant doctoral degrees; or
(ii) A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and
(2) Hold a graduate degree in psychology that meets the following criteria:
(i) The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogs and brochures its intent to educate and train professional psychologists;
(ii) The psychology program must stand as a recognizable, coherent, organizational entity within the institution;
(iii) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;
(iv) The program must consist of an integrated, organized sequence of study;
(v) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;
(vi) The designated director of the program must be a psychologist and a member of the core faculty;
(vii) The program must have an identifiable body of students who are matriculated in that program for a degree;
(viii) The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;
(ix) The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degrees and a minimum of one academic year of full-time graduate study for master's degree;
(x) The program includes an acceptable residency as defined by the Rules of the Commission.
(3) Possess a current, full and unrestricted license to practice psychology in a home state which is a compact state;
(4) No history of adverse action that violate the Rules of the Commission; (5) No criminal record history that violates the Rules of the Commission; (6) Possess a current, active IPC;
(7) Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission; and
(8) Meet other criteria as defined by the Rules of the Commission.
(c) A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state.
(d) A psychologist practicing into a distant state under the temporary authorization to practice will be subject to the distant state’s authority and law. A distant state may, in accordance with that state's due process law, limit or revoke a psychologist’s temporary authorization to practice in the distant state and may take any other necessary actions under the distant state’s applicable law to protect the health and safety of the distant state’s citizens. If a distant state takes action, the state shall promptly notify the home state and the commission.
(e) If a psychologist's license in any home state, another compact state, or any temporary authorization to practice in any distant state, is restricted, suspended or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.
Section 8.
A psychologist may practice in a receiving state under authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate State Psychology Regulatory Authority, as defined in the Rules of the Commission, and under the following circumstances: (1) the psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state; and (2) other conditions regarding telepsychology as determined by rules promulgated by the commission.
Section 9.
(a) A home state shall have the power to impose adverse action against a psychologist's license issued by the home state. A distant state shall have the power to take adverse action on a psychologist’s temporary authorization to practice within that distant state.
(b) A receiving state may take adverse action on a psychologist's authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.
(c) If a home state takes adverse action against a psychologist’s license, that psychologist’s authority to practice interjurisdictional telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist's temporary authorization to practice is terminated and the IPC is revoked.
(1) All home state disciplinary orders which impose adverse action shall be reported to the commission in accordance with the rules promulgated by the commission. A compact state shall report adverse actions in accordance with the rules of the commission.
(2) In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the commission.
(3) Other actions may be imposed as determined by the rules promulgated by the commission.
(d) A home state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state’s law shall control in determining any adverse action against a psychologist’s license.
(e) A distant state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization to practice which occurred in that distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, distant state’s law shall control in determining any adverse action against a psychologist’s temporary authorization to practice.
(f) Nothing in this compact shall override a compact state’s decision that a psychologist’s participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the compact state’s law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.
(g) No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to subsection (c).
Section 10.
(a) In addition to any other powers granted under state law, a compact state’s psychology regulatory authority shall have the authority under this compact to:
(1) Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state’s psychology regulatory authority for the attendance and testimony of witnesses, or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence are located; and
(2) Issue cease and desist or injunctive relief orders to revoke a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice.
(3) During the course of any investigation, a psychologist may not change his or her home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his or her home state licensure. The commission shall promptly notify the new home state of any such decisions as provided in the rules of the commission. All information provided to the commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The commission may create additional rules for mandated or discretionary sharing of information by compact states.
Section 11.
(a) The commission shall provide for the development and maintenance of a coordinated licensure information system and reporting system containing licensure and disciplinary action information on all psychologists individuals to whom this compact is applicable in all compact states as defined by the rules of the commission.
(b) Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Significant investigatory information;
(4) Adverse actions against a psychologist’s license;
(5) An indicator that a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked;
(6) Non-confidential information related to alternative program participation information;
(7) Any denial of application for licensure, and the reasons for such denial; and
(8) Other information which may facilitate the administration of this compact, as determined by the rules of the commission.
(c) The coordinated database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.
(d) Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.
(e) Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated database.
Section 12.
(a) The compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission.
(1) The commission is a body politic and an instrumentality of the compact states.
(2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, Voting, and Meetings
(1) The commission shall consist of one voting representative appointed by each compact state who shall serve as that state’s commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to: (i) executive director, executive secretary or similar executive; (ii) current member of the state psychology regulatory authority of a compact state; or (iii) designee empowered with the appropriate delegate authority to act on behalf of the compact state.
(2) Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.
(3) Each commissioner shall be entitled to 1 vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners’ participation in meetings by telephone or other means of communication.
(4) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(5) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 13.
(6) The commission may convene in a closed, non-public meeting if the commission must discuss:
(i) Non-compliance of a compact state with its obligations under the compact;
(ii) The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(iii) Current, threatened, or reasonably anticipated litigation against the commission;
(iv) Negotiation of contracts for the purchase or sale of goods, services or real estate;
(v) Accusation against any person of a crime or formally censuring any person;
(vi) Disclosure of trade secrets or commercial or financial information which is privileged or confidential;
(vii) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(viii) Disclosure of investigatory records compiled for law enforcement purposes;
(ix) Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the compact; or
(x) Matters specifically exempted from disclosure by federal and state statute.
(7) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(c) The commission shall, by a majority vote of the commissioners, prescribe bylaws and rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including but not limited to:
(1) Establishing the fiscal year of the commission;
(2) Providing reasonable standards and procedures (i) for the establishment and meetings of other committees; and (ii) governing any general or specific delegation of any authority or function of the commission;
(3) Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each commissioner with no proxy votes allowed;
(4) Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the commission;
(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the commission;
(6) Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees;
(7) Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment or reserving of all of its debts and obligations;
(8) The commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the compact states;
(9) The commission shall maintain its financial records in accordance with the bylaws; and
(10) The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
(d) The commission shall have the following powers:
(1) The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rule shall have the force and effect of law and shall be binding in all compact states;
(2) To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;
(3) To purchase and maintain insurance and bonds;
(4) To borrow, accept or contract for services of personnel, including, but not limited to, employees of a compact state;
(5) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(6) To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the commission shall strive to avoid any appearance of impropriety or conflict of interest;
(7) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the commission shall strive to avoid any appearance of impropriety;
(8) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;
(9) To establish a budget and make expenditures;
(10) To borrow money;
(11) To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
(12) To provide and receive information from, and to cooperate with, law enforcement agencies;
(13) To adopt and use an official seal; and
(14) To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice.
(e) The Executive Board
The elected officers shall serve as the Executive board, which shall have the power to act on behalf of the commission according to the terms of this compact.
(1) The executive board shall be comprised of 6 members: 5 voting members who are elected from the current membership of the commission by the commission; and 1 ex-officio, non-voting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.
(2) The ex-officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization.
(3) The commission may remove any member of the executive board as provided in bylaws.
(4) The executive board shall meet at least annually.
(5) The executive board shall have the following duties and responsibilities:
(i) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact states such as annual dues, and any other applicable fees;
(ii) Ensure compact administration services are appropriately provided, contractual or otherwise;
(iii) Prepare and recommend the budget;
(iv) Maintain financial records on behalf of the commission;
(v) Monitor compact compliance of member states and provide compliance reports to the commission;
(vi) Establish additional committees as necessary; and
(vii) Other duties as provided in rules or bylaws.
(f) Financing of the Commission
(1) The commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services.
(3) The commission may levy on and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission which shall promulgate a rule binding upon all compact states.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the compact states, except by and with the authority of the compact state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.
(g) Qualified Immunity, Defense, and Indemnification
(1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
Section 13.
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compact state.
(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission; and
(2) On the website of each compact states’ psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.
(e) The notice of proposed rulemaking shall include:
(1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
(2) The text of the proposed rule or amendment and the reason for the proposed rule;
(3) A request for comments on the proposed rule from any interested person; and
(4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(f) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
(g) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) At least 25 persons who submit comments independently of each other; (2) A governmental subdivision or agency; or
(3) A duly appointed person in an association that has having at least 25 members.
(h) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing.
(1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(3) No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the commission from making a transcript or recording of the hearing if it so chooses.
(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(j) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(k) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of commission or compact state funds;
(3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(4) Protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
Section 14.
(a) Oversight
(1) The executive, legislative and judicial branches of state government in each compact state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the commission.
(3) The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact or promulgated
rules.
(b) Default, Technical Assistance, and Termination
(1) If the commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(i) provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default or any other action to be taken by the commission; and
(ii) provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to remedy the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compact states, and all rights, privileges and benefits conferred by this compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the compact states.
(4) A compact state which has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination.
(5) The commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(6) The defaulting state may appeal the action of the commission by petitioning the United States district court for the State of Georgia or the federal district where the compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
(c) Dispute Resolution
(1) Upon request by a compact state, the commission shall attempt to resolve disputes related to the compact which arise among compact states and between compact and non-compact states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.
(d) Enforcement
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the United States district court for the State of Georgia or the federal district where the compact has its principal offices against a compact state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
Section 15.
(a) The compact shall come into effect on the date on which the compact is enacted into law in the seventh compact state. The provisions which become effective at that time shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state which joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule which has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any compact state may withdraw from this compact by enacting a statute repealing the same.
(1) A compact state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a non-compact state which does not conflict with the provisions of this compact.
(e) This compact may be amended by the compact states. No amendment to this compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.
Section 16.
This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining compact states.
Section 17.
The compact administrator who represents the commonwealth, as provided in the compact, shall not be entitled to any additional compensation for executing his duties and responsibilities as compact administrator but shall be entitled to reimbursement for reasonable expenses actually incurred in connection with his duties and responsibilities as compact administrator in the same manner as for expenses incurred in connection with other duties and responsibilities of his office or employment.
Section 18.
The executive director of the board of registration of psychologists, or the board executive director’s designee, shall be the administrator of the psychology interjurisdictional compact for the commonwealth.
Section 19.
The board of registration of psychologists may promulgate regulations as necessary to implement the provisions of this chapter.
Section 20.
The board of registration of psychologists may recover from a psychologist the costs of investigation and disposition of cases resulting in any adverse disciplinary action taken against a psychologist’s authority to practice interjurisdictional telepsychology or temporary authorization to practice. Funds collected pursuant to this section shall be deposited in the Quality in Health Professions Trust Fund established pursuant to section 35X of chapter 10.
Section 21.
The board of registration of psychologists may take disciplinary action against a psychologist practicing in the commonwealth under the authority to practice interjurisdictional telepsychology or temporary authorization to practice under a license issued by a member state. The board’s disciplinary action may be based on disciplinary action against the psychologist’s license taken by that licensee’s home state.
Section 22.
In reporting information to the coordinated licensure information system under section 11 of this chapter related to the Psychology Interjurisdictional Compact Act, the board of registration of psychologists may disclose personally identifiable information about the psychologist, including social security number.
Section 23.
This psychology interjurisdictional compact shall be subject to the applicable laws and regulations of the commonwealth, including chapters 13, 30A and 112 of the general laws.
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An Act requiring state procurement of low-carbon building materials
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S1981
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SD817
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T14:41:46.293'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T14:41:46.2933333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-04T11:29:22.8'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:56:20.8'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-30T15:11:49.74'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1981/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1981) of Cynthia Stone Creem for legislation to require state procurement of low-carbon building materials. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 7C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 73. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Division”, the division of capital asset management and maintenance.
“Eligible material", the following materials, when used in the construction of an eligible project: (i) asphalt and asphalt mixtures; (ii) cement and concrete mixtures; (iii) glass; (iv) post-tension steel; (v) reinforcing steel; (vi) structural steel; (vii) wood structural elements; (viii) insulation; or (ix) other materials the division designates by rule after consultation with the technical advisory committee.
"Eligible project", a building project for which a state agency issues a solicitation on or after January 1, 2024; provided, that “eligible project” shall not include any maintenance program for the upkeep of a capital facility or any road, highway, or bridge project.
“Emergency procurement”, a procurement conforming to the requirements of section 8 of chapter 30B.
“Global warming potential”, a numeric value that measures the total contribution to global warming from the emission of greenhouse gases, or the elimination of greenhouse gas sinks.
"Greenhouse gas'', any chemical or physical substance that is emitted into the air and that the department of environmental protection may reasonably anticipate will cause or contribute to climate change including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
“Technical advisory committee”, the committee described in subsection (h).
(b) By January 1, 2024, the division shall establish by policy a maximum acceptable global warming potential for each category of eligible materials used in an eligible project. The initial maximum acceptable global warming potential for each eligible material shall be set by the division after consultation with the technical advisory committee and shall be no higher than the 75th percentile of national industry global warming potential emissions for that material; provided that if sufficient data is available for a category of eligible material at the regional level, the division shall set a maximum acceptable global warming potential for that eligible material that is no higher than the 75th percentile of regional industry global warming potential emissions for that material. The division shall determine the 75th percentile of national industry global warming potential emissions for each material by consulting nationally or internationally recognized databases of environmental product declarations and may include transportation-related emissions as part of the global warming potential emissions. The division shall express the maximum acceptable global warming potential as a number that states the maximum acceptable global warming potential for each category of eligible materials. The global warming potential shall be provided in a manner that is consistent with criteria in an environmental product declaration. The division, in consultation with the technical advisory committee, may establish additional subcategories within each eligible material with distinct maximum acceptable global warming potential limits. The policy may permit maximum acceptable global warming potential for each eligible material category in the aggregate. In establishing a maximum acceptable global warming potential for each category of eligible materials used in an eligible project, the division may consult with any other relevant department or division of state government.
By January 1, 2026, and every two years thereafter, division shall review the maximum acceptable global warming potential for each category of eligible materials and may adjust the number for any eligible material to reflect industry conditions after consultation with the technical advisory committee. The division shall not adjust the number upward for any eligible material. In administering this section, the division shall strive to achieve a continuous reduction of greenhouse gas emissions over time.
(c) For any solicitation for a contract for the design of an eligible project, a state agency shall require the designer who is awarded the contract to include in project specifications when final construction documents are released, for each eligible material proposed to be used in the eligible project, a requirement for the contractor submit a current environmental product declaration, type III, as defined by the international organization for standardization’s standard 14025:2006, or a similarly robust life cycle assessment method chosen by the division that has uniform standards in data collection. The environmental product declaration shall demonstrate that the eligible materials proposed to be used in the eligible project meet the maximum acceptable global warming potential for each category of eligible materials.
(d) For any solicitation for a contract for an eligible project, a state agency shall specify the eligible materials that will be used in the project and reasonable minimum usage thresholds below which the requirements of this section shall not apply. The department, in consultation with the technical advisory committee, shall specify the threshold amount by rule. A state agency may include in a specification for solicitations for an eligible project a global warming potential for any eligible material that is lower than the maximum acceptable global warming potential for that material as determined pursuant to subsection (b) of this section.
(e) A contractor that is awarded a contract for an eligible project shall not install any eligible materials on the project until the contractor submits an environmental product declaration for that material pursuant to subsection (c) of this section. The environmental product declaration shall be deemed approved if it complies with the original specification required by subsection (c) of this section. If an environmental product declaration is not available for an eligible material, the contractor shall notify the division and install an alternative eligible material with an environmental product declaration.
(f) A state agency may waive the requirements of subsection (c) when it conducts an emergency procurement for eligible materials or when it determines that: (1) a relevant product category rule does not exist; (2) requiring an environmental product declaration will impermissibly reduce competition for public contracts or otherwise contravene the requirements of state procurement law; (3) requiring an environmental product declaration would unreasonably affect the state agency’s specifications or requirements for eligible materials or impair the state agency’s construction activities; (4) an environmental product declaration is not necessary to measure or quantify greenhouse gas emissions; (5) a product that meets the maximum acceptable global warming potential for a category of eligible materials is not reasonably priced or is not available on a reasonable basis at the time of design or construction; or (6) determines after consultation with the technical advisory committee that other considerations outweigh the need for requiring an environmental product declaration. Each state agency shall report the waivers it awards to the division.
(g) Beginning in 2024, and in each year thereafter, the division shall prepare a report for the general court, in consultation with the technical advisory committee, that includes the following information: (i) for the report prepared in 2024 only, a description of the method that division used to develop the maximum acceptable global warming potential for each category of eligible materials; (ii) what the division has learned about how to identify and quantify embodied carbon in building materials, including life cycle costs; (iii) any obstacles the division as well as bidding contractors have encountered in identifying and quantifying embodied carbon in building materials; and (iv) any other matters the division, in consultation with the technical advisory committee, deems relevant, material or important to highlight or recommend to the general court.
(h) The division, in conjunction with the department of energy resources, shall establish a technical advisory committee to assist the division with issues related to implementing the policy described in subsection (b). Members of the technical advisory committee shall include, but shall not be limited to, representatives from the division, the department of energy resources, the Massachusetts clean energy technology center, the department of environmental protection, construction firms engaged in construction and maintenance of eligible projects, suppliers of eligible materials, construction and material supplier industry associations, workers in construction or manufacturing industries, environmental organizations, and public institutions of higher education. The commissioner of the division shall serve as chair of the technical advisory committee. The division shall appoint a replacement for any vacancy on the technical advisory committee. A majority of the members of the technical advisory committee shall constitute a quorum. The technical advisory committee must meet at least four times within each calendar year at times and places specified by the call of the chair. Members of the technical advisory committee are not entitled to compensation or reimbursement for expenses and serve as volunteers on the technical advisory committee. The division and the department of energy resources shall provide staff support to the technical advisory committee.
The technical advisory committee shall: (1) recommend quantities of eligible materials below which the department need not require an environmental product declaration; (2) advise the division as needed to prepare the reports required under subsection (g); (3) advise and guide the department concerning: (i) the extent to which environmental product declarations or similarly robust life cycle assessment methods are available or are in development; (ii) the time within which a contractor must submit an environmental product declaration and any related information; (iii) how to properly analyze or interpret an environmental product declaration; (iv) the content of and criteria for devising, adopting and implementing the policy described in subsection (b); (v) potential changes to the design or implementation of the policy described in subsection (b) in light of technological advances and the need to maintain reasonable competition for public contracts; (vi) the maximum acceptable global warming potential for each eligible material; (vii) other matters the technical advisory committee deems necessary to achieve the goals of the program. The technical advisory committee may recommend to the division additional materials for designation as eligible materials.
SECTION 2. Chapter 81 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 33. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Eligible material”, includes (1) concrete, including ready mix concrete, shotcrete, precast concrete and concrete masonry units; (2) asphalt paving mixtures; (3) steel, including rebar, reinforcing steel and structural steel, hot-rolled sections, hollow sections, plate steel and cold-formed steel; and (4) other materials the department designates by rule after consultation with the technical advisory committee.
“Emergency procurement”, a procurement conforming to the requirements of section 8 of chapter 30B.
“Global warming potential”, a numeric value that measures the total contribution to global warming from the emission of greenhouse gases, or the elimination of greenhouse gas sinks.
"Greenhouse gas'', any chemical or physical substance that is emitted into the air and that the department of environmental protection may reasonably anticipate will cause or contribute to climate change including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
“Technical advisory committee”, the committee described in subsection (i).
(b) The department, not later than January 1, 2024, shall establish a program for greenhouse gas reduction that: (1) assesses the greenhouse gas emissions attributable to eligible materials the department uses in the department’s construction and maintenance activities for state highways; (2) conducts life cycle assessments of a selected set of the department’s construction and maintenance activities; and (3) devises strategies for reducing greenhouse gas emissions that shall include, but are not limited to: (i) improving pavement and bridge conditions; and (ii) establishing by policy a maximum acceptable global warming potential for each category of eligible material the department uses in the department’s construction and maintenance activities for state highways. In administering this section, the department shall strive to achieve a continuous reduction of greenhouse gas emissions over time.
In establishing the program, the department shall identify and disclose in any reports the department produces all relevant measurement difficulties, deficiencies in needed data, assumptions, uncertainties, technological limitations, costs associated with assessment and implementation, and any other relevant limitations of methodology, practice or implementation.
(c) In devising the strategies described in subsection (b), the department, at a minimum, shall consider and evaluate: (1) advancements in materials and engineering as applied to greenhouse gas emission reduction; (2) regional variability in the quality and durability of aggregates and other components of eligible materials; (3) the types and effects of fuels available for use in manufacturing, transporting and using eligible materials; (4) the quality and performance of the eligible materials; and (5) any other factors that the department, in consultation with the technical advisory committee, deems relevant and useful.
(d) The department may conduct the assessments and devise the strategies described in subsection (b) separately for each of the six highway districts, accounting for differences among the districts with respect to the availability of eligible materials, fuel and other necessary resources and the quantity of eligible materials the department uses or plans to use.
(e) In procuring eligible materials for the program described in subsection (b), the department shall require contractors to submit an environmental product declaration, type III, as defined by the international organization for standardization’s standard 14025:2006, or a similarly robust life cycle assessment method chosen by the division that has uniform standards in data collection, before the contractor installs the eligible materials, unless the department: (1) conducts an emergency procurement for the eligible materials; (2) determines that a relevant product category rule does not exist; (3) determines that requiring an environmental product declaration will impermissibly reduce competition for public contracts or otherwise contravene the requirements of state procurement law; (4) determines that requiring an environmental product declaration would unreasonably affect the department’s specifications or requirements for eligible materials or impair the department’s construction or maintenance activities; (5) determines that an environmental product declaration is not necessary to measure or quantify greenhouse gas emissions; or (6) determines after consultation with the technical advisory committee that other considerations outweigh the need for requiring an environmental product declaration or that a construction or maintenance activity would use less than a threshold amount of eligible materials. The department, in consultation with the technical advisory committee, shall specify the threshold amount by rule.
(f) Notwithstanding subsection (b), in procuring asphalt paving mixtures, the department may allow contractors to submit an environmental product declaration within a reasonable time after executing a public contract for constructing roads or acquiring materials or within the time required for such declaration or assessment to be prepared, but not later than the date on which the contractor completes performance of the public contract.
(g) The department may not use an environmental product declaration as a consideration in ranking or scoring a bid or proposal before January 1, 2025, but thereafter may consider an environmental product declaration if the department determines that doing so is beneficial and if, after consulting with the technical advisory committee, construction contractors, material suppliers and other stakeholders, the department devises a scoring methodology that ensures fairness among bidders.
(h) Each year by not later than December 31 the department shall file a report with the joint committee on transportation, the house and senate committees on global warming and climate change, and the house and senate committees on ways and means detailing the progress of the program. The department shall prepare each annual report in consultation with the technical advisory committee and the report, at a minimum, shall include: (1) a description of the department’s efforts to design and implement the program, an evaluation of the department’s success in reducing greenhouse gas emissions by means of environmental product declarations and recommendations as to whether to expand the program; and (2) any other matters the department, in consultation with the technical advisory committee, deems relevant, material or important to highlight or recommend to the general court.
(i) The department shall establish a technical advisory committee to assist the department with issues related to implementing the program described in subsection (b). Members of the technical advisory committee shall include, but shall not be limited to, representatives from the department of transportation, the department of energy resources, the Massachusetts clean energy technology center, the department of environmental protection, construction firms engaged in transportation construction and maintenance, suppliers of eligible materials, construction and material supplier industry associations, workers in construction or manufacturing industries, environmental organizations, and public institutions of higher education. The highway administrator shall serve as chair of the technical advisory committee. The department shall appoint a replacement for any vacancy on the technical advisory committee. A majority of the members of the technical advisory committee shall constitute a quorum. The technical advisory committee must meet at least four times within each calendar year at times and places specified by the call of the chair. Members of the technical advisory committee are not entitled to compensation or reimbursement for expenses and serve as volunteers on the technical advisory committee. The department shall provide staff support to the technical advisory committee.
The technical advisory committee shall: (1) recommend quantities of eligible materials below which the department need not require an environmental product declaration; (2) advise the department as needed to prepare the reports required under subsection (h); (3) advise and guide the department concerning: (i) the extent to which environmental product declarations or similarly robust life cycle assessment methods are available or are in development; (ii) which of the department’s construction and maintenance activities are appropriate for inclusion in the program described in subsection (b); (iii) the time within which a contractor must submit an environmental product declaration and any related information; (iv) how to properly analyze or interpret an environmental product declaration; (v) the content of and criteria for devising, adopting and implementing the strategies described in subsection (b); (vi) potential changes to the design or implementation of the program described in subsection (b) in light of technological advances and the need to maintain reasonable competition for public contracts; and (vii) other matters the technical advisory committee deems necessary to achieve the goals of the program. The technical advisory committee may recommend to the department additional materials for designation as eligible materials.
SECTION 3. The Massachusetts clean energy technology center established in section 2 of chapter 23J shall create a grant program to assist manufacturers of eligible materials, as defined in section 73 of chapter 7C and section 33 of chapter 81, in developing environmental product declarations, type III, as defined by the international organization for standardization’s standard 14025:2006.
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An Act relative to the use of low-embodied carbon concrete in state projects
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S1982
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SD820
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T14:52:07.217'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T14:52:07.2166667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-15T14:55:49.4033333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-04T11:29:29.4233333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:56:10.8'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-30T15:11:43.8966667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-10-03T16:06:58.3533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1982/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1982) of Cynthia Stone Creem and Kay Khan for legislation relative to the use of low embodied carbon concrete in state projects. State Administration and Regulatory Oversight.
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Chapter 7C of the General Laws is hereby amended by inserting the following section:-
SECTION 73. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Department”, the department of energy resources.
“Division”, the division of capital asset management and maintenance.
“Environmental product declaration”, product specific Type Ill environmental product declarations that conform to ISO Standard 14025 and enable the numeric global warming potential and environmental impact comparisons between concrete mixes fulfilling the same functions.
“Global warming potential”, a numeric value that measures the total contribution to global warming from the emission of greenhouse gases, or the elimination of greenhouse gas sinks.
“Low-embodied carbon concrete”, concrete that has been verified to embody carbon emissions that are sufficiently low, based on a threshold set by the division with input from the stakeholder advisory group established subsection (d), compared to the baseline embodied carbon emissions of conventional concrete.
(b) Any state or local contract for low-embodied carbon concrete shall include provisions regarding contractor, subcontractor and worker product certification as follows:
(1) Contractors and subcontractors doing work involving low-embodied carbon concrete shall certify that all work completed and all procured low-embodied carbon concrete meet the minimum standards established under this section by the division.
(2) Any certifications required by this section shall be kept current for the duration of all contracts. The contractor shall issue periodic test reports to the division from a laboratory certified to evaluate low-embodied carbon concrete. The contractor shall report any changes to the division.
(c) The division, in consultation with the department, shall establish guidelines requiring the procurement of low-embodied carbon concrete in projects deemed appropriate by the division. Such guidelines shall implement a process with minimum standards for contractors and subcontractors to file with the contracting agency upon completion of a project. When establishing guidelines related to low-embodied carbon concrete, the division shall consider industry standards.
(d) To inform the development of the guidelines under subsection (c), the division, in conjunction with the department, shall establish a stakeholder advisory group, appointed by the commissioner of the division, consisting of: (1) two licensed professional engineers; (2) two licensed registered architects; (3) two representatives of the construction industry; (4) two representatives of the concrete testing and validation industry; (5) two representatives of an accredited school of civil engineering; (6) one representative from the Massachusetts clean energy technology center, also known as the Massachusetts clean energy center; and (7) one representative each from the executive office of transportation, the executive office of housing and community development, the department of energy resources, and the department of environmental protection.
(e) In developing guidelines under subsection (c), the division, in conjunction with the department, shall consult with any relevant associations that set industry standards for the procurement of low-embodied carbon concrete and shall consult with affected contractors and subcontractors to consider environmental impact as well as the impact on public health and safety.
(f) The division shall examine: (1) the use of incentives, including bid credits, related to bids within five percent of the lowest price, to encourage the usage and innovation of low-embodied carbon concrete on state agency projects; (2) the implementation of mandatory maximum global warming potential thresholds or maximum cement content specifications for concrete procured by state agencies; (3) the utilization of environmental product declarations or other methodologies and tools that quantify the climate and environmental impact of materials, including but not limited to global warming potential; and (4) the implementation of standards for performance-based specification, including but not limited to requirements that a structural material achieve specified performance-based outcomes from the use of the structural material, including but not limited to, outcomes related to strength, durability, permeability or other attributes related to the function of the building material for applied uses, as opposed to requiring that a structural material be produced using a specified manufacturer process, design features, technologies, or proportion of materials.
(g) The commissioner of the division, in consultation with the department of transportation and the stakeholder advisory group established in subsection (d), shall examine the use of an expedited product evaluation protocol for low-embodied carbon concrete products.
(h) The guidelines established pursuant to this section as well as any recommendations for subsequent legislative action resulting from examining the use of incentives related to bid credits shall be submitted to the governor, the president of the senate, the speaker of the house, the joint committee on transportation, the joint committee on telecommunications, utilities and energy, the joint committee on housing, and the house and senate committees on ways and means within 30 of the issuance of such guidelines or within 1 year from the effective date of this section, whichever comes sooner.
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An Act relative to removing the term hearing impaired from the general laws
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S1983
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SD1881
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T10:19:11.43'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T10:19:11.43'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1983/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 1983) of Cynthia Stone Creem for legislation to remove the term hearing impaired from the general laws. State Administration and Regulatory Oversight.
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SECTION 1. Section 196 of chapter 6, as so appearing in the 2016 Official Edition, is hereby amended by striking out, in line 17, the words “hearing–impaired” and inserting in place thereof, the following words:- “deaf or hard of hearing”
SECTION 2. Section 23 of chapter 32A, as so appearing in the 2016 Official Edition, is hereby amended by striking out, in line 17, the words “hearing impaired” and inserting in place thereof, the following words:- “deaf or hard of hearing”
SECTION 3. Section 1 of chapter 129, as so appearing in the 2016 Official Edition, is hereby amended by striking out, in line 20, the words “hearing–impaired” and inserting in place thereof, the following words:- “hard of hearing”
SECTION 4. Section 4 of chapter 151B, as so appearing in the 2016 Official Edition, is hereby amended by striking out, in paragraphs 6, 7 and 7A, the words “hearing impaired” and inserting in place thereof, in each instance, the following words:- “deaf or hard of hearing”
SECTION 5. Section 47X of chapter 175, as so appearing in the 2016 Official Edition, is hereby amended by striking out, in line 34, the words “hearing–impaired” and inserting in place thereof, the following words:- “deaf or hard of hearing"
SECTION 6. Section 8Y of chapter 176A, as so appearing in the 2016 Official Edition, is hereby amended by striking out, in line 28, the words “hearing impaired” and inserting in place thereof, the following words:- “deaf or hard of hearing”
SECTION 7. Section 4EE of chapter 176B, as so appearing in the 2016 Official Edition, is hereby amended by striking out, in line 10, the words “hearing impaired” and inserting in place thereof, the following words:- “deaf or hard of hearing”
SECTION 8. Section 4N of chapter 176G, as so appearing in the 2016 Official Edition, is hereby amended by striking out, in line 23, the words “hearing impaired” and inserting in place thereof, the following words:- “deaf or hard of hearing”
SECTION 9. Section 92A of chapter 221, as so appearing in the 2016 Official Edition, is hereby amended by striking out the words “hearing–impaired” and inserting in place thereof, in each instance, the following words:- “hard of hearing”.
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An Act providing for access to baby-changing stations
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S1984
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SD457
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T13:46:17.097'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T13:46:17.0966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1984/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 1984) of Brendan P. Crighton for legislation to provide for access to baby-changing stations. State Administration and Regulatory Oversight.
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Chapter 143 of the Massachusetts General Laws is hereby amended by inserting after section 90 the following section:-
Section 90A. All new or substantially renovated buildings which are reasonably expected to be open to the public shall be charged with providing safe and equally accessible changing tables in bathrooms regardless of gender.
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An Act relative to increasing transparency in public construction
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S1985
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SD517
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T10:25:03.147'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T10:25:03.1466667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-27T15:51:59.9666667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-27T15:51:59.9666667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T15:51:59.9666667'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-27T15:51:59.9666667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-27T15:51:59.9666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T14:17:33.8966667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-30T14:17:33.8966667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-30T14:17:33.8966667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-08T15:21:28.4666667'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-08T15:21:28.4666667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-08T15:21:28.4666667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-08T15:21:28.4666667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-14T11:50:11.8166667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-14T12:21:05.7233333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-24T13:00:31.2433333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-24T13:00:31.2433333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T14:04:14.9633333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T14:06:31.6066667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-06T14:06:31.6066667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-16T11:31:15.8566667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-30T10:11:59.1033333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-05-09T09:37:17.3333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1985/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 1985) of Brendan P. Crighton, Steven Ultrino, David Henry Argosky LeBoeuf, Susannah M. Whipps and other members of the General Court for legislation to increase transparency in public construction. State Administration and Regulatory Oversight.
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Section 8B of Chapter 81 of the General laws, is hereby amended by striking the third paragraph and replacing it with the following:-
"An application for a certificate of eligibility and update statements shall be considered a public record as defined by Section 7 of Chapter 4 except that financial information contained in the application shall not be a public record.".
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An Act to promote public procurement and inclusive entrepreneurship
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S1986
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SD2270
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T14:56:27.3'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T14:56:27.3'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-13T10:12:08.21'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1986/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1986) of John J. Cronin for legislation to promote public procurement and inclusive entrepreneurship. State Administration and Regulatory Oversight.
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SECTION 1. Subsection (i) of section 16G of chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, at the end of the first paragraph, the following sentence:
The annual report shall include an analysis of the share of economic development funds administered by state agencies, including loans, grants, tax credits, and technical assistance services, provided to entities certified under federal or state law as a minority-owned business.
SECTION 2. Subsection (i) of said section 16G of said chapter 6A, as so appearing, is hereby further amended by striking out, in the second paragraph, clauses 8 and 9, lines 82-94, inclusive, and inserting in place thereof the following:
(8) a report of patents or products resulting from agency-funded activities;
(9) a description of technical assistance that the agency provided; and
(10) the share of loans, grants, tax credits, or technical assistance services provided to entities certified under federal or state law as a minority-owned business.
SECTION 3. Subsection (l) of said section 16G of said chapter 6A, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:
The secretary of housing and economic development, with the assistance of economic development planning council appointed under this section, shall develop and implement a written comprehensive economic development policy for the commonwealth and a strategic plan for implementing the policy. The policy shall set long term goals and measurable benchmarks which are not limited to a particular gubernatorial administration and shall give consideration to any impacts the plan may have on businesses employing 10 or fewer people. The strategic plan shall include any major economic development initiatives and programs of the secretariat and any agencies subject to this section. The strategic plan shall also include an assessment of racial and ethnic disparities in employment and business ownership and an analysis of how the economic development initiatives contained in the plan will contribute to reducing such disparities. In developing the policy, the council shall review the published economic development policy and plan in effect at the commencement of the governor's term of office and may hold public hearings throughout the commonwealth. However, the council shall hold at least one public hearing on the topic of racial and ethnic disparities in employment and business ownership in the commonwealth.
SECTION 4. Chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after section 62, the following section:
Section 63. (a) The general court finds and declares that:
(1) It is in the state’s interest to encourage competitive business opportunities for all of its people. As anchor institutions, hospitals and higher education institutions are uniquely positioned to build relationships within the communities they serve through the development, inclusion, and utilization of certified minority-owned business enterprises whenever possible
(2) By providing that each major anchor institution submit to the Office of Supplier Diversity a report explaining the institutions supplier diversity statement and expressing its goals regarding certified minority-owned businesses, and the office placing that information on the office’s internet website, that online resource will help facilitate these supplier relationships.
(b) As used in this section, the following words shall have the following meanings, unless a contrary intent is clearly indicated:
“Anchor institution”, a licensed hospital or college or university physically located in Massachusetts.
“Certified business enterprise”, a state- or federally-designated minority-owned business physically located in the United States.
“Office”, means the Office of Supplier Diversity.
“Operating expenses”, means operating expenses, excluding physician professional fees, as reflected in the annual financial report submitted to the office.
(c) On or before July 1 of each year, each anchor institution with operating expenses of $50,000,000 or more, or $25,000,000 or more when operating as a component of a larger hospital or university system, shall submit an annual report to the office on its minority enterprise procurement efforts during the previous year. The annual report shall include all of the following:
(1) The anchor institution’s supplier diversity policy statement.
(2) The anchor institution’s outreach and communications to minority business enterprises, including:
(i) How the anchor institution encourages and seeks out minority business enterprises to become potential suppliers.
(ii) How the anchor institution encourages its employees involved in procurement to seek out minority business enterprises to become potential suppliers.
(iii) How the anchor institution conducts outreach and communication to minority business enterprises.
(iv) How the anchor institution supports organizations that promote or certify minority business enterprises.
(v) Information regarding appropriate contacts at the anchor institution for interested business enterprises.
(vi) The anchor institution’s procurements that are made from minority business enterprises with at least a majority of the enterprise’s workforce in Massachusetts, with each category aggregated separately, to the extent that information is readily accessible. An anchor institution that is part of a system may report the diversity of its procurement in compliance with this subparagraph from a system level if there are suppliers that provide services or goods to all units within the system. An anchor institution shall report the diversity of the remainder of its procurement, including the suppliers that do not resource the entire system.
(3) The report may include other relevant information the office or anchor institution deems necessary.
(d) This section shall not be construed to require quotas, set-asides, or preferences in an anchor institution’s goods or services.
(e) By July 1, 2021, the office shall establish and maintain a link on the office’s internet website that provides public access to the contents of each anchor institution’s report on minority business enterprise procurement efforts. The office shall include a statement on the office’s internet website that the information contained in the anchor institution’s report on minority business enterprises is provided for informational purposes only.
SECTION 5. Chapter 10 of the General Laws, as so appearing, is hereby amended by inserting after section 10B, the following section:
Section 10C. Prior to the state treasurer’s deposit of cash reserves to eligible lending and banking institutions, as defined in section 10A of chapter 10 of the general laws, the treasurer shall ensure the division of banks, as defined in section 1 of chapter 167 of the general laws, has collected data required of lending institutions pursuant to section 13A of chapter 167 of the general laws.
SECTION 6. Section 22A of chapter 40 of the General Laws, as so appearing, is hereby amended by inserting after the phrase “improvements to the public realm”, in line 28, the following words: “including district management activities and operations”
SECTION 7. Section 22C of said chapter 40 of the General Laws, as so appearing, is hereby amended by inserting after the phrase, “public transportation station accessibility improvements”, in line 11, the following words: “district management activities and operations,”
SECTION 8. Chapter 167 of the General Laws, as so appearing, is hereby amended by inserting, after section 13, the following section:
Section 13A. (a) The division of banks shall require the collection of small business lending data from all lenders, including online lenders, and small businesses on an annual basis. The division shall also analyze the impacts that lenders, including online lenders, and their practices have on minority borrowers in the Commonwealth.
(b) The division shall promulgate regulations relative to the required collection of small business lending data. Said regulations shall include, but not be limited to the following:
(1) the establishment of a central depository of the collection and analysis of small business lending data, to include, but not be limited to the following: lending and banking institutions’ average annual percent rates, default rates, and fees.
(2) procedures for the solicitation and acceptance of reports regarding small businesses’ incidents of predatory lending practices.
(3) procedures for assessing the credibility and accuracy of reports of small business lending data from lending institutions.
(c) The division shall file an annual report with the information obtained pursuant to subsections (a) and (b) as well as recommendations for best practices for small business borrower lending with the house and senate clerks and the house and senate chairs of the joint committee on financial services not later than July 1.
SECTION 9. (a) Notwithstanding any general or special law to the contrary, all appointive boards and commissions in the commonwealth established by the Massachusetts general laws, including boards and commissions of a political subdivision of the state, if not otherwise provided by law, shall adopt policies and practices designed to increase the racial and ethnic diversity of their board membership and commission membership. To meet this goal, said boards and commissions shall report on an annual basis to the secretary of state and the office of the governor the following: (i) data on specific qualifications, skills and experience that the board appointees considers for its board of directors and nominees for the board of directors and commissions; (ii) the self-identified race and ethnicity of each member of said board of directors and commissions; (iii) the number of total individuals on said boards and commissions; iv) a description of the process of said board or commission for identifying, evaluating, and determining nominees and appointees including, but not limited to, how demographic diversity is considered; and (v) a description of the policies and practices of said boards and commissions for promoting diversity, equity and inclusion among said boards and commissions and (vi) the total number of people of color and the total number of individuals who serve as members on all boards and commissions in the commonwealth.
(b) To track and measure progress, an annual report shall be published by the office of the governor, annually, not later than July 1, that provides: (i) demographic data provided by all public board and commission applicants, including boards and commissions of a political subdivision of the state, relative to ethnicity and race; and (ii) demographic data provided by all public board and commission nominees or appointees, including boards and commissions of a political subdivision of the state, relative to ethnicity and race, pursuant to section (a) of this act. Any demographic data disclosed or released pursuant to this section shall be anonymized to the extent practicable and shall not identify an individual applicant, nominee or appointed board member or commissioner. Said demographic data shall also disclose aggregated statistical data by commission or board sector and by secretariat that governs said board or commission, if applicable.
(c) Notwithstanding any general or special law to the contrary, and pursuant to any established appointment procedures of individual boards or commissions in the commonwealth, racial diversity shall be considered in any subsequent appointments made after July 1, 2021, to any public boards and commissions in the commonwealth.
(d) By January 1, 2025, all boards and commissions shall, to the extent feasible, broadly reflect the general public of the commonwealth, including the percentage of racial and ethnic minorities in the general population.
SECTION 10. Sections 4 and 10 shall take effect on July 1, 2025.
SECTION 11. Chapter 149 of the General Laws, as so appearing, is hereby amended by inserting after section 44M, the following new section:-
44N. (a) For purposes of this section the following phrases shall have the following meanings:
''Underutilized bidder'', any minority person or business beneficially owned by one or more minority persons in conformity with clauses (1) to (4), inclusive, of the definition of ''minority business'' set forth in section 40N of chapter 7, any business beneficially owned by one or more women as provided in the definition of ''women-owned business'' set forth in said section 40N, any small business as provided in any micro- - of chapter 23A, and any local business, defined as having its principal office in the geographic area over which the procurement officer has jurisdiction and the owners of more than 50 percent of the business enterprise are residents of the geographic area over which the procurement officer has jurisdiction.
''Sheltered market program'', a program under which certain contracts are designated by the chief procurement officer for procurement from one or more classes of underutilized bidders.
(b) When authorized by majority vote, a chief procurement officer may establish a sheltered market program in conformity with the requirements of this section. Such authorization may apply to a single contract or to any number or types of contracts, shall specify the class or classes of underutilized bidders to be included in the sheltered market program, and shall to the extent constitutionally required be based on findings that such
program is a remedy for the present effects of past discrimination.
(c) A procurement officer shall not solicit or award a contract pursuant to a sheltered market program until the chief procurement officer, after notice and a public hearing, has approved written procedures for the operation of such program, has filed such procedures with the state office of minority and women business assistance and the secretary of state, and has published such procedures or a summary thereof in a newspaper of general circulation within the area served by the governmental body and in any publication established by the secretary of state for the advertisement of such notices. Such written procedures shall, at a minimum, include:
(1) procedures for the certification of underutilized bidders, which procedures shall require the use of standardized application forms, the submission of applications sworn to under the penalties of perjury, the maintenance of certification records by the chief procurement officer or his designee, an opportunity for a business denied certification to be heard on such denial, the issuance of certificates valid for a period not longer than two years, notice and an opportunity to be heard prior to revocation of certificates, and a public information campaign to encourage certification; provided, however, that a governmental body's certification procedures may authorize participation in its sheltered market program by any eligible underutilized bidder duly certified under the sheltered market program of another governmental body or by the state office
of minority and women business assistance;
(2) in the event the authorization required by paragraph (b) does not designate the specific contracts to which the sheltered market program applies, procedures for designating such contracts, which procedures shall (i) set forth criteria for designating contracts, (ii) require that each designation be in writing and based on
written findings that the contract meets such criteria, and (iii) provide for an administrative review of the appropriateness of including the contract in the sheltered market program;
(3) procedures for ensuring effective competition among underutilized bidders for contracts within the sheltered market program, including procedures requiring (i) supplemental advertising in media serving underutilized communities, (ii) for the procurement of the construction, reconstruction, installation, demolition,
maintenance or repair of any building in the amount of one thousand dollars but less than ten thousand dollars, the receipt of written or oral quotations from no fewer than three certified underutilized bidders customarily providing such construction services; provided, however, that a quotation shall not be considered
until the bidder has submitted to the procurement officer a copy of a valid certificate, and (iii) for the procurement of the construction, reconstruction, installation, demolition, maintenance or repair of any building in the amount of ten thousand dollars or more, the receipt of responsive bids or proposals from no fewer than three certified underutilized bidders; provided, however, that a bid or proposal shall not be considered unless accompanied by a copy of a valid certificate; and
(4) procedures for review and assessment of the sheltered market program, at least annually, based upon a detailed written report by the chief procurement officer or his designee, which report shall at a minimum set forth for the twelve months then ending (i) the number and dollar value of contracts awarded to underutilized
bidders under the sheltered market program, (ii) the total number, the percentage, the total dollar value, and the percentage dollar value of contracts awarded by the governmental body to underutilized bidders eligible for participation in the sheltered market program, (iii) a description of other efforts undertaken by the governmental body to increase its contracting with underutilized bidders, and (iv) recommendations for continuing, modifying, or terminating the program.A violation of any valid procedure adopted pursuant to this section shall constitute a violation of this chapter.
(d) Advertisements for a contract within the sheltered market program shall state that the contract will be awarded under a sheltered market program and shall specify the class or classes of underutilized bidders to which competition for the contract is limited.
(e) In no event shall a contract designated for inclusion in a sheltered market program be awarded on a sole source basis. If fewer than three responsive bids, proposals, or quotations are received, or if all bids, proposals, or quotations are rejected, the contract shall not be awarded under the sheltered market program.
(f) No contract shall be awarded under a sheltered market program for a term exceeding three years, including any renewal, extension, or option. No underutilized bidder shall be awarded a sheltered market program contract if at the time of award such bidder is a party to any other sheltered market program contract the term of which, including any renewal, extension, or option, has not expired. No underutilized bidder shall be awarded more than three sheltered market program contracts by one or more governmental bodies within any one-year period.
(g) Except as otherwise provided in this section, all procurements under a sheltered market program shall be undertaken in accordance with the provisions of this chapter.
SECTION 12. Section 44A of chapter 149, as so appearing, is hereby amended by inserting after subsection 5, the following new subsection:
(6) An awarding authority awarding a contract under this chapter may ensure the prompt payment to any subcontractor with whom the contractor has contracted by implementing a prompt payment program. Any subcontractor that has fully performed in accordance with the terms of the contract is entitled to prompt payment from a contractor under such a program.
(a) If an awarding authority implements a prompt payment program, a contractor shall notify all subcontractors with which it has contracted of the schedule of payments due to it by the awarding authority and the receipt of such payments.
(b) Within 14 days of receipt of a payment from the awarding authority, a contractor shall pay a subcontractor the full or proportional amount received for each such subcontractor's work and material, based on work completed or services provided under the subcontract, unless the contract says otherwise.
(c) A contractor may withhold payment within the 14-day period if a written notice stating the reason for withholding is provided to the subcontractor and the
(d) (1) If a subcontractor does not receive payment within the required period, the subcontractor may give written notice of the nonpayment to the procurement officer, indicating:
(i) the name of the contractor;
(ii) the project under which the dispute exists;
(iii) the amount in dispute;
(iv) the itemized description on which the amount in dispute is based.
(2) After review of the written notice, the procurement officer may schedule a meeting with the subcontractor and contractor to evaluate the dispute and determine if the contractor is wrongfully withholding or refusing payment.
(i) If the procurement officer determines that the contractor is wrongfully withholding or refusing payment, the contractor shall provide payment to the subcontractor within 7 days of the meeting.
(ii) If the contractor further withholds or refuses payment, the procurement officer may impose a penalty of $100 per day until the contractor provides payment to a subcontractor.
(e) If a contractor fails or refuses to pay a subcontractor within the required period after the receipt of a payment from the awarding authority, a contractor shall pay, in addition to the payment amount, interest accrued for each business day beyond the required payment period.
(1) Interest will not begin to accrue until the beginning of the business day on from the awarding authority.
(2) procurement officer.
SECTION 13. Chapter 149 of the General Laws, as so appearing, is hereby amended by inserting after section 44A 1/2, the following new section:
44A 3/4 (a) A procurement officer may establish, for contracts awarded under subsections 44A(c)-(d) of this chapter, an underutilized business subcontracting program for the purpose of increasing participation of underutilized businesses in the public construction industry. As used beneficially owned by one or more minority persons in conformity with clauses (1) to (4), inclusive, of the definition of ''minority business'' set forth in section 40N of chapter 7, any business beneficially owned by one or more women as provided in the definition of ''women owned business'' set forth in said section 40N, any small business as provided in the definition of -business as provided in the - any local business, defined as having its principal office in the geographic area over which the procurement officer has jurisdiction and the owners of more than 50 percent of the business enterprise are residents of the geographic area over which the procurement officer has jurisdiction.
(b) In establishing such a program, a procurement officer shall set project-specific participation goals for underutilized subcontractors based on an assessment of the availability of underutilized subcontractors to do the needed work. If a procurement officer implements such a program, the requirement of a good-faith effort to meet these goals shall be included in the evaluation of bidders, along with the requirements and criteria set forth in the invitation for bids. A procurement officer may reject the lowest bid if the bidder does not meet the project participation goals or show good faith efforts to meet the project participation goals outlined in
the invitation for bids.
(1) Good-faith efforts, as used in this section, may include: (i) actively soliciting underutilized businesses (ii) engaging in outreach to underutilized businesses in socially and economically disadvantaged communities, (iii) making project plans available to underutilized businesses for pre-bid inspection, (iv) providing bonding assistance to underutilized subcontractors, and (v) working and developing relationships with trade and community organizations that support underutilized businesses.
(c) When implementing a subcontracting program, a procurement officer may establish a preapprenticeship program to provide relevant training to develop the skills and expertise of underutilized individuals in the construction industry. This pre-apprenticeship program may include (1) training and courses on specific trades within the construction industry, financial literacy, and exposure to apprenticeship programs, (2) support services and community building,and (3) assistance in entering apprenticeship programs.
(d) A procurement officer may set mandatory subcontracting minimums, either on an annual basis or for individual projects estimated to cost over $50,000. The minimums shall be expressed as a percentage of the total project value rather than as a percentage of the total estimated subcontracting value.
(1) Before adopting mandatory subcontracting minimums, a procurement officer may and hold public hearings to determine the acceptable minimum benchmarks. The following information may be considered when determining the appropriate mandatory subcontracting minimum: (1) current participation of underutilized
businesses on city construction projects, (2) availability of underutilized businesses in the relevant geographic area to perform subcontracting work on city construction projects estimated to cost over $50,000, and (3) barriers that currently exist in the construction industry to exclude underutilized businesses in the relevant geographic area.
(2) An awarding authority of a public construction contract awarded under section 5 of this chapter shall reject any bid that does not demonstrate feasible compliance with the mandatory subcontracting minimum. A bidder must provide, in its proposal, a detailed plan for engaging with underutilized businesses and for meeting the mandatory subcontracting minimum. An awarding authority shall the mandatory subcontracting minimum and conduct an independent assessment of subcontracting opportunities for underutilized businesses.
(3) If a bidder does not demonstrate best efforts to meet the mandatory subcontracting minimum, the awarding authority shall deem the bidder non-responsive.
(4) An awarding authority shall include the mandatory subcontracting minimum in any solicitations, requests for qualifications, requests for proposals, and any other bidding notices to prospective bidders.
(e) The procurement office of a local municipality located in the Commonwealth shall make available an online public database for the purpose of tracking underutilized business (1) The procurement office shall engage in ongoing collection of the following information: (1) the names and contact information of underutilized businesses in (2) the total year-to-date dollar value paid directly to underutilized subcontractors on city procurement projects, (3) the total year-to-date percentage of participation of underutilized businesses in the relevant geographic area, (4) the year-to-date percentage of participation of underutilized businesses in the relevant geographic area for each category of subcontract or trade work enumerated in subsection 44F(1)(a), and (5) the diversity plans of each bidder on any public construction project.
(f) In addition to a public database containing information about a l to underutilized business participation goals in public construction projects, a local procurement office shall create and make available to small businesses and micro-businesses a public dashboard listing upcoming public construction project opportunities.
(1) A procurement officer may post an upcoming contracting opportunity prior to soliciting prospective bidders from a list of past bidders.
(2) A procurement officer may make good faith efforts to advertise the availability of the dashboard to underutilized businesses a reasonable amount of time prior to the main website.
(3) The dashboard shall set forth the following information:
(a) The contract type
(b) The estimated total contract value
(c) The expected categories of subcontract and trade work required
(d) The expected period of performance
(e) The contract-specific underutilized business participation goals
(f) The date that an invitation for bids will be issued and published
(g) Any other information that the procurement officer deems necessary and beneficial to underutilized businesses.
(h) For a competitive grant program to be administered by the supplier diversity office, in consultation with the secretary of technology services and security, to assist cities and towns with information technology to facilitate the provisions of this section, including compiling data to track the participation of and contracts awarded to minority-owned and women-owned businesses, small and micro-businesses, and local businesses. Provided, that eligible uses shall include, but not limited to, planning and studies, purchase, procurement, acquisition, and licensing.
SECTION 14. Subsection (3) of section 44J of chapter 149, as so appearing, is hereby amended by inserting the following clause:
(a) An awarding authority may split any contract or preliminary plans and specifications for the purpose of making public projects more accessible to underutilized micro-businesses.
(i) For each individual new contract created from a split contract or preliminary plans and specifications, an awarding authority shall adhere to the bidding procedures and provisions of this section as if the contract or preliminary plans and specifications had not been split.
SECTION 15. Section 39M of chapter 30, as so appearing, is hereby amended by inserting after subsection (e), the following new subsection:
(f) When authorized by majority vote, a chief procurement officer may establish a sheltered market program, as established under section 44K of chapter 149, in conformity with the requirements of this section.
SECTION 16. Section 49 of chapter 7C, as so appearing, is hereby amended by inserting after
subsection (e), the following new subsection:-
(f) On any project procured under this chapter, including by any city, town, or agency, board, commission, authority or instrumentality thereof, an awarding authority may set project participation goals and/or include as an additional qualification that applicant meet these goals or engage in good faith efforts to meet these goals.
(i) Such good faith efforts may include:-
(a) Ensuring the participation of underutilized businesses;
(b) Outreach to local communities and underutilized businesses within these communities, including communicating project opportunities;
(c) Developing creative, specific plans to increase diversity and inclusion of
underutilized businesses.
(ii) An awarding authority may require applicants to provide an affidavit that they will exercise good faith efforts to meet project goals.
(iii) An awarding authority may exercise discretion to reject any application that does not show a commitment to diversity and inclusion.
SECTION 17. Subsection (a) of section 18 of chapter 30B, as so appearing, is hereby amended by striking the definition of “Disadvantaged vendor” and inserting in place thereof the following new definition:
any business beneficially owned by one or more minority persons in conformity with clauses (1) to (4), inclusive, of the definition of ''Minority business'' set forth in section forty of chapter seven, and any business beneficially owned by one or more women as provided in the definition of ''Women-owned business'' set forth in said section 40N and any business beneficially owned by 1 or more veterans as provided in the definition of ''veteran-owned business'' as set forth in section 40N, and any small business as provided in the definition of -business as provided in the - having its principal office in the geographic area over which the procurement officer has jurisdiction and the owners of more than 50 percent of the business enterprise are residents of the geographic area over which the procurement officer has jurisdiction.
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An Act to waive chargebacks on state grants, federal grant awards, federal subgrants and subsidies
for the Dukes County Sheriff’s Regional Emergency Communication Center
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S1987
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SD399
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T18:27:32.39'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T18:27:32.39'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1987/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1987) of Julian Cyr for legislation to waive certain chargebacks for the Dukes County Sheriff’s Regional Emergency Communication Center. State Administration and Regulatory Oversight.
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Notwithstanding any general or special law or regulation to the contrary, all state grants, federal grant awards, federal subgrants and subsidies for the Dukes County Sheriff’s Regional Emergency Communication Center shall be exempt from chargebacks of fringe benefits, indirect costs and payroll taxes; imposed on salary costs moved back as reimbursement from the Dukes County Sheriff’s appropriation to the awarding agency’s appropriation under any Interdepartmental Service Agreement between the Dukes County Sheriff and another state agency.
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An Act relative to government efficiency
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S1988
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SD452
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:57:11.983'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:57:11.9833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1988/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1988) of Julian Cyr for legislation to create a behavioral science insights policy directive. State Administration and Regulatory Oversight.
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Chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4A the following new section:-
Section 4B. Behavioral science insights policy directive.
(a) Administrative agencies, independent agencies, and judicial administration are encouraged to do all of the following:
(1) identify policies, programs, and operations where applying behavioral science insights may yield substantial improvements in public welfare, program outcomes, and program cost effectiveness;
(2) develop strategies for applying behavioral science insights to programs and, where possible, rigorously test and evaluate the impact of these insights; and
(3) strengthen governmental relationships with the research community to better use empirical findings from the behavioral sciences.
(b) In implementing the policy directives in subsection (a), agencies and administrators shall do all of the following:
(1) identify opportunities to help qualifying individuals, families, communities, and businesses access public programs and benefits by, as appropriate, streamlining processes that may otherwise limit or delay participation -- for example, removing administrative hurdles, shortening wait times, and simplifying forms;
(2) improve how information is presented to consumers, borrowers, program beneficiaries, and other individuals, whether as directly conveyed by the agency, or in setting standards for the presentation of information, by considering how the content, format, timing, and medium by which information is conveyed affects comprehension and action by individuals, as appropriate;
(3) identify programs that offer choices and carefully consider how the presentation and structure of those choices, including the order, number, and arrangement of options, can most effectively promote public welfare, as appropriate, giving particular consideration to the selection and setting of default options; and
(4) review elements of their policies and programs that are designed to encourage or make it easier for individuals to take specific actions, such as saving for retirement, resolving legal issues, or completing education programs. In doing so, agencies shall consider how the timing, frequency, presentation, and labeling of benefits, taxes, subsidies, and other incentives can more effectively and efficiently promote those actions, as appropriate. Particular attention should be paid to opportunities to use nonfinancial incentives.
(c) For policies with a regulatory component, agencies are encouraged to combine this behavioral science insights policy directive with their ongoing review of existing significant regulations to identify and reduce regulatory burdens, as appropriate and consistent with Access to Justice Commission recommendations and the Best Practices for Administrative Agencies to Enhance Administrative Justice.
(d) Agencies shall engage outside researchers to provide advice and policy guidance to assist in developing policy objectives and rigorous evaluation of initiatives under this statute, as appropriate. Criteria for researchers shall include an emphasis on rigorous, evidence-based evaluation, including but not limited to randomized control trials, and expertise in behavioral science and related disciplines.
(e) Nothing in this section shall be construed to impair or otherwise affect the authority granted by law to any government entity.
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An Act establishing the official marine invertebrate of the Commonwealth
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S1989
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SD912
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-18T16:31:48.423'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-18T16:31:48.4233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1989/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1989) of Julian Cyr for legislation to establish the official marine invertebrate of the Commonwealth. State Administration and Regulatory Oversight.
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Chapter 2 of the General Laws, as most recently amended by chapter 54 of the acts of 2022, is hereby further amended by adding the following section:-
SECTION 1. Section 65. The Limulus Polyphemus shall be the official marine invertebrate of the Commonwealth.
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An Act relative to custom-built heavy duty vehicles sold in the Commonwealth
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S199
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SD1579
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T09:33:42.24'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T09:33:42.24'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S199/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 199) of Michael O. Moore for legislation relative to custom-built heavy duty vehicles sold in the Commonwealth. Consumer Protection and Professional Licensure.
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SECTION 1. Section 1 of chapter 93K of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the words “subsection (d)”, in line 42, the following words:- or (f).
SECTION 2. Subsection (f) of section 2 of said chapter 93K, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
Commencing in model year 2022 and thereafter a manufacturer of motor vehicles sold in the Commonwealth, including heavy duty vehicles that are not heavy duty vehicles built to custom specifications sold in the commonwealth for commercial purposes, that utilize a telematics system shall be required to equip such vehicles with an inter-operable, standardized and open access platform across all of the manufacturer’s makes and models.
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An Act relative to language access and inclusion
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S1990
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SD1066
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-13T10:48:20.823'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-13T10:48:20.8233333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T14:30:30.5566667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-25T16:20:52.78'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-27T13:51:55.27'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T10:38:24.28'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T13:25:06.5566667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-31T13:24:57.26'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T12:17:52.6533333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-02T12:28:50.1266667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-06T10:48:54.0366667'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-02-06T10:48:36.3433333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T15:08:29.9733333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-09T12:25:45.0933333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-09T12:24:48.85'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-09T12:24:05.3233333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-10T14:16:02.0433333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T11:48:59.9766667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-14T14:16:15.7633333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-23T15:10:08.2766667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-23T15:05:42.75'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T16:37:57.8366667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-15T10:15:04.2633333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-21T12:46:12.46'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-06-01T10:33:07.21'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-13T09:12:18.8566667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-10-04T11:17:08.1833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1990/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1990) of Sal N. DiDomenico, Rebecca L. Rausch, Joanne M. Comerford, Michael D. Brady and other members of the General Court for legislation relative to language access and inclusion. State Administration and Regulatory Oversight.
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SECTION 1. Title II of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Chapter 6D the following chapter:-
CHAPTER 6E. LANGUAGE ACCESS AND INCLUSION
Section 1. Definitions. For the purposes of this act, the following terms shall have the following meanings:-
“Auxiliary aids and services” mean items, equipment or services that assist effective communication between a deaf or hard-of-hearing individual and an individual who is not deaf or hard of hearing.
“Culturally competent” means having a set of congruent behaviors, attitudes and policies that enables effective work in cross-cultural situations, in a manner that respects the beliefs, interpersonal styles, attitudes, language and behaviors of service recipients.
“Equal access” means to be informed of, participate in, and benefit from public services offered by a state agency, at a level equal to English-proficient individuals.
“Language access plan” means an administrative blueprint by which an agency complies with language access requirements. The plan shall outline the tasks to be undertaken, establish deadlines by which actions will be taken, identify responsible personnel assigned to implement the plan, and establish priorities relative to the implementation of these plans.
“Language access services” means oral interpretation services, oral language services, and written translation services, including auxiliary aids and services.
“Limited English proficient” or “LEP” individuals means individuals who do not speak English as their primary language and have a limited ability to speak, read, write, or understand English.
“Machine translation” means automated translation by computer software which translates a text from the source language into the target language without human intervention.
“Oral interpretation” means the act of listening to something in one language (source language) and orally translating it into another (target language).
“Oral language services” means various methods of providing verbal information and interpretation through staff interpreters, bilingual or multilingual staff, telephone interpreter services, and private interpreter services.
“Outside service providers” include, but are not limited to, an organization that formally or informally contracts with, routinely provides, or administers services the relevant state agency requires, recommends, or to which it refers its clients.
“Primary language” means the preferred language of the LEP individual.
“Public contact position” means a position determined by the state agency to be one that includes meeting, contacting and dealing with the public in the performance of the agency's functions.
“Qualified bilingual employee” means a staff person who is proficient in both the English language and the non-English language to be used. Qualified bilingual employees may be categorized as Tier 1 Bilingual Employees, or Tier 2 Bilingual Employees.
“Qualified interpreter” is a person who is fluent in both the English language and the non-English language to be used, and who, either by certification, training or experience, is skilled in simultaneous interpretation.
“Qualified multilingual employee” means a staff person who is proficient in the English language and more than one non-English language to be used. Qualified multilingual employees may be categorized as Tier 1 Multilingual Employees, or Tier 2 Multilingual Employees.
“Qualified translator” means a person who has a thorough knowledge of writing, reading and proofreading in both the English language and the non-English language to be used, either by certification, training or experience, and thereby is able to render a text from one language into another, maintaining its tone, style and complex meaning, observing the cultural nuances, and remaining impartial to the content.
“State agency” means an agency or executive department of state government.
“Vital document” means a document containing information which, if not provided accurately or in a timely manner, would have adverse consequences for the intended recipient, including, but not limited to, documents that affect or relate to legal rights, privileges, or duties, as well as applications, informational materials, notices, and complaint forms.
“Written translation” means the replacement of a written text from one language (source language) into an equivalent written text into another language (the target language).
Section 2. Communications with the Public.
A state agency shall provide equal access to services, programs, and activities serving limited English proficient individuals in a reasonable timeframe, including:
(a) Oral interpretation
1. A state agency shall provide timely, culturally competent oral language services to all LEP individuals who seek to access services, programs, or activities. State agencies may, utilizing existing funds, contract with telephone-based interpretation services or community-based organizations that provide interpretation to LEP individuals, in addition to utilizing qualified Tier 1 bilingual or multilingual employees.
2. A state agency shall notify every person inquiring about services, every applicant, and every recipient of services of their right to timely oral interpretation in their primary language.
3. A state agency that significantly relies on outside service providers to fulfill the agency’s responsibilities to the public shall ensure the implementation of the requirements of Section 2(a)(1) and Section 2(a)(2) within those outside organizations’ policies and practices.
(b) Written translation
1. A state agency shall issue vital documents in the following languages: Arabic, Cape Verdean Creole, Chinese (Simplified and Traditional), French, Haitian Creole, Khmer, Korean, Portuguese, Russian, Spanish, Vietnamese and any other languages deemed necessary by the agency’s language access survey.
2. A state agency shall translate all notices and materials that explain its services in the languages stated above.
3. A state agency shall utilize qualified translators or Tier 1 bilingual or multilingual employees, to translate notices, materials, and vital documents. Agencies shall not rely solely on machine translation of notices, materials, and vital documents. A state agency that significantly relies on outside service providers to fulfill the agency’s responsibilities to the public shall ensure the implementation of the requirements of Section 2(b)(1) and Section 2(b)(2) by the outside service provider.
4. LEP individuals whose primary language is not covered under Section 2(b)(1) or Section 2(b)(2) are entitled to the oral interpretation of vital documents into their primary language.
(c) Websites
1. If a state agency maintains one or more websites for use by the public, the agency shall provide the website in the following languages: Arabic, Cape Verdean Creole, Chinese (Simplified and Traditional), French, Haitian Creole, Khmer, Korean, Portuguese, Russian, Spanish, Vietnamese and any other languages deemed necessary by the agency’s language access survey. The state agency shall ensure that its websites and online application materials are mobile compatible and that they satisfy or exceed the official Federal Plain Language Guidelines, March 2011, Rev. 1, May 2011 for the Plain Writing Act of 2010.
2. Agencies shall not rely solely on machine translation for the translation of its websites. A state agency shall utilize qualified translators or Tier 1 bilingual or multilingual employees to translate its websites.
3. A state agency that maintains one or more websites for use by the public shall provide forms and processes for submitting complaints of alleged violations of this act on the homepage of the website. The forms and processes shall be translated into the languages stated above.
Section 3. Language Access Plans
(a) Requirements of language access plans
1. A state agency shall develop a language access plan to implement protocols for providing services to LEP individuals and deaf or hard-of-hearing individuals in accordance with this act. After the language access plan is implemented, the agency shall update its language access plan every two years based upon the most recent language access survey. The language access plan shall include:
i. The state agency shall conduct a needs assessment that includes data on the language composition of the population served by the agency, including American Sign Language. The agency shall determine the percentage of the eligible service population who are non-English speakers, LEP, or deaf or hard of hearing; the frequency with which the agency provides services to non-English speakers and LEP and deaf or hard of hearing individuals; and the primary languages used by non-English or LEP individuals in the agency’s service area. The needs assessment shall also identify all points of contact between the agency and the public, and all potential language or language-related barriers to services and programs, including the location of offices.
ii. The state agency shall identify available language resources and staff to deliver services, programs, and activities to LEP individuals and deaf or hard-of-hearing individuals who require auxiliary aids and services, including existing staff who can provide linguistically, culturally, and technically proficient interpretation services. The language resources assessment shall detail the language services available under existing state contracts for in-person interpretation, telephone interpretation, and translation, and determine the steps needed to make these services available for staff use, including equipment and training.
iii. Language service protocols shall provide staff with procedures and instructions for securing or procuring language services, and designed for ease of use, with minimal approval or documentation required.
2. To complete its needs assessment and language resources assessment, a state agency shall conduct a language survey of each of its statewide and local offices every three years to provide the following:
i. a calculation of the percentage of LEP individuals served by the agency’s central and local offices, categorized by primary language.
ii. a determination of whether the use of oral language services and written translation is reliably serving the language needs of the individuals served by the agency.
iii. a determination of whether the use of auxiliary aids and services is reliably serving the language needs of the individuals served by the agency.
iv. an evaluation of whether contracted interpreter services are working effectively.
v. an evaluation of the effectiveness of annual language access training.
vi. a description of the agency’s procedures for identifying language needs at central and local offices and assigning qualified bilingual or multilingual employees to those offices.
vii. a description of agency procedures for recruiting and retaining qualified bilingual or multilingual employees in central and local offices.
viii. the number of qualified bilingual or multilingual employees, in public contact positions in each central and local office, and the languages they speak other than English.
ix. a description of any training the agency provides to its staff on the provision of services to LEP and deaf or hard of hearing individuals, frequency of training, and date of most recent training.
x. a description of complaints regarding language access received by the agency since submitting its most recent report under Section 6, and the agency’s procedures for accepting and resolving these complaints.
xi. a description of the agency’s procedures for identifying vital documents for translation.
Section 4. Personnel.
Coordinators
1. A state agency shall designate a language access coordinator whose sole responsibility is to focus upon language access needs and the agency’s compliance with this act, in consultation with the language access advisory board. State agencies with multiple offices or divisions shall designate regional language access coordinators who shall address the language access needs of the relevant region and train the regions’ staff on compliance with this act. Regional language access coordinators shall report to the language access coordinator.
2. Language access coordinators shall maintain a centralized, electronic, searchable language access database containing the following data, which shall be submitted to the office of access and opportunity, and to the language access advisory board, including:
i. all formal and informal requests for language access services and the status of those requests;
ii. all language access-related complaints, including complaints of language discrimination and/or disability discrimination in cases of the deaf or hard of hearing;
iii. the status and progress of all such requests and complaints;
iv. the resolution of all such requests and complaints, including decisions by the regional and central offices;
v. the reasons for full and partial denials of requests for language services;
vi. the office(s) handling the relevant case/service.
(b) Staffing
1. A state agency shall employ a sufficient number of qualified bilingual or multilingual employees in public contact positions or as interpreters to assist employees in public contact positions, to ensure provision of information and services in a person’s preferred languages.
2. A bilingual or multilingual staff member shall not provide interpretation in adversarial proceedings when the state agency that employs the bilingual staff member is a party to the proceedings.
3. A bilingual or multilingual staff member may provide language services to LEP individuals and those who are deaf or hard of hearing, in accordance with their skill level as determined by the applicable regional language access coordinator. A bilingual employee shall be classified into one of the following two tiers, and shall provide interpretation in accordance with that tier.
i. Tier 1 bilingual or multilingual employee: Tier 1 employees must have formal certification, training in interpretation, or sufficient experience with interpreting in the specific subject matter. If the employer does not regularly employ a person that may be classified as a Tier 1 employee, the employer must hire a third-party contractor or service to fulfill these interpreting needs.
ii. Tier 2 bilingual or multilingual employee: Tier 2 employees have the skill and capacity to communicate directly with clients regarding routine or common business matters. Tier 2 employees need not have formal certification, but shall be proficient in the non-English language.
iii. Tier 1 and Tier 2 employees must be capable of communicating both receptively and expressively in English and the non-English language, and be without interest in the matter or outcome. Qualified bilingual or multilingual employees shall agree in writing to, the ethical and confidentiality requirements associated with interpreting pursuant to the American Translators Association Code of Ethics and Professional Practice.
4. Any employee who is regularly acting as an interpreter or translator must be reasonably compensated for that additional work.
(c) Training
1. Regional language access coordinators and the language access coordinators shall train all employees of a state agency to effectively obtain and utilize the services of language interpreters and translators. A state agency may provide language access trainings for outside service providers they have engaged; provided that the outside service providers lack sufficient resources or capacity to hold such trainings independently.
2. Regional language access coordinators, in conjunction with the language access coordinator, shall conduct training for every new hire and for every employee annually thereafter on the language access plan, and provide any materials necessary for staff to readily access the language access plan as needed.
Section 5. Language Access Advisory Board.
(a) There is established, for oversight and the provision of technical assistance, a language access advisory board to ensure equal access to services, programs, and activities offered by a state agency for LEP and deaf or hard of hearing individuals. The board shall be co-chaired by a staff member from the office of access and opportunity, and one other member of the advisory board voted upon by the board itself. The members of the advisory board shall be appointed within 90 days after the effective date of this act, and shall serve 4-year terms. Members whose terms have expired may serve until a successor is duly chosen. The board shall meet no less than 4 times annually.
(b) Composition
The language access advisory board shall include:
1. three members appointed by the Massachusetts Immigrant and Refugee Advocacy Coalition from prevalent LEP populations within Massachusetts, as determined by the most recent United States Census data, who has an interest in language access reform;
2. one member from the deaf or hard of hearing community who has an interest in language access reform, appointed by the Disability Law Center;
3. one member appointed by the Massachusetts Law Reform Institute;
4. one member appointed by the Massachusetts Appleseed Center for Law & Justice;
5. one member appointed by the Massachusetts Language Access Coalition;
6. one member appointed by Greater Boston Legal Services;
7. one member appointed by the Justice Center of Southeast Massachusetts;
8. one member appointed by MetroWest Legal Services;
9. one member appointed by the Central West Justice Center;
10. one member appointed by the Northeast Justice Center; and
11. one member appointed by the New England Translators Association, or by a similar professional association promoting best practices in translation and interpretation, who is a translation or interpretation specialist.
(c) Advisory board responsibilities
The advisory board shall support the relevant state agencies to achieve compliance with this act by:
providing guidance and technical assistance to the state agencies;
advising language access coordinators of the state agencies in the development and review of their language access plan;
reviewing biennial reports from the state agencies, and make recommendations for steps toward compliance.
disseminating recommendations to state agencies to reduce identified barriers for serving the LEP and deaf or hard of hearing population. The language access advisory board, in formulating its recommendations, shall take into account the best practices and policies in other states and jurisdictions; and
other activities to help state agencies achieve compliance with this act.
Section 6. Reporting.
(a) Reporting requirements
1. Every 3 years following a state agency’s full implementation of this act, the State agency shall submit to the joint committee on ways and means, the joint committee on state administration and regulatory oversight, the language access advisory board and the office of access and opportunity, a report on the data collected under Section 3(a)(2).
2. The report shall be disaggregated and cross-tabulated by:
i. primary language;
ii. disability status;
iii. race;
iv. ethnicity;
v. age;
vi. gender; and
vii. low-income status
3. The report shall be publicly available in multiple languages, and be provided in plain language that community members can understand; and
4. The report shall be presented in a manner that protects the privacy of individuals.
Section 7. Relief.
(a) Relief potentials
1. Any person or class of persons claiming to be aggrieved by a state agency for failure to provide language access for benefits or services according to the terms of this act shall have the right to institute and prosecute a civil action in the district, superior, housing, probate or land court department for injunctive and other appropriate equitable relief including an award of actual and consequential damages. Should the person or persons prevail, they shall be entitled to an award of the costs of the litigation including expert witness fees, reasonable attorneys' fees in an amount to be fixed by the court, and prejudgment and post-judgment interest.
2. The Massachusetts commission against discrimination may commence a civil action to seek relief for a violation of this act.
3. The attorney general may also commence a civil action to seek relief for a violation of this act.
Section 8. Office of access and opportunity.
The office of access and opportunity of the executive office for administration and finance shall have the following responsibilities:
1. Accept and investigate complaints submitted to the office of access and opportunity by individuals who have been unable to obtain timely language access services in any state agency.
2. Annually provide copies of all complaints as detailed in Section 8(a)(1)(i) to the language access advisory board.
3. Where an agency does not provide equal access, eliminate the language access barrier using informal methods, including conference, conciliation, mediation, or persuasion. Where the language access barrier cannot be eliminated by informal methods, the office of access and opportunity shall submit written compliance requirements to the state agency. The office of access and opportunity may request the state agency to notify it within a specified time, of any action taken on its requirements. Further, the office of access and opportunity may require a state agency to increase the frequency of the reporting every six months, as it deems necessary, or as requested by the language access advisory board.
4. In consultation with the language access advisory board, create multilingual signage informing LEP individuals of their right to free oral language services, for dissemination to state agencies.
(a) Conflicting law
1. It is the intent of the legislature that the provisions of this act be guided by Title VI of the Civil Rights Act of 1964, Executive Order No. 13166, and the federal rules and regulations adopted in implementation thereof, except that if the laws of the commonwealth prescribe stronger protections and prohibitions, the programs and activities subject to this act shall be subject to the stronger protections and prohibitions.
Section 9. Language Access Implementation Schedule
1. On or before 1 year after this bill is enacted, there shall be full implementation by:
i. MassHealth
ii. the department of children and families
iii. the department of early education and care
iv. the department of elementary and secondary education
v. the department of housing and community development
vi. the department of transitional assistance
vii. the department of unemployment assistance
viii. the registry of motor vehicles
ix. the department of public health
x. Massachusetts office for victim assistance
xi. the department of mental health
xii. the office of access and opportunity
2. On or before 2 years after this bill is enacted, there shall be full implementation by all agencies or departments within:
i. the executive office of education
ii. the executive office of health and human services
iii. the executive office of housing and economic development
iv. the department of revenue child support enforcement division
v. the district attorneys of Massachusetts
vi. the executive office of public safety and security
vii. the Massachusetts commission against discrimination
3. On or before 3 years after this bill is enacted, there shall be full implementation by all agencies or departments within:
i. the executive office for administration and finance
ii. the executive office of energy and environmental affairs
iii. the executive office of labor and workforce development
iv. the executive office of public safety and security
v. the executive office of technology services and security
vi. the executive office of transportation and public works
vii. the department of revenue
viii. the disabled protection commission
ix. the sheriffs of Massachusetts
x. the Massachusetts office of consumer affairs and business regulation
xi. the cannabis control commission
4. Additional state agencies may be beholden to this statute as determined by the language access advisory board, in consultation with the office of access and opportunity.
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An Act authorizing the reorientation of the parcel of land occupied by Riverside Boat Club of Cambridge
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S1991
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SD1672
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T14:24:30.23'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T14:24:30.23'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1991/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1991) of Sal N. DiDomenico for legislation to authorize the reorientation of the parcel of land occupied by Riverside Boat Club of Cambridge. State Administration and Regulatory Oversight.
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The commissioner of capital asset management and maintenance, in accordance with Chapter 65 of the Acts of 2010, and in consultation with the commissioner of conservation and recreation, and notwithstanding Chapter 274 of the Acts of 2022, shall lease or enter into other agreements with Riverside Boat Club of Cambridge, a reconfigured parcel of land of the same size for the continued operation of its historical rowing program and boathouse as more particularly described on a plan entitled “Plan Showing Reoriented Boundary for Riverside Boat Club of Cambridge”, revised December 12, 2022, and prepared by Oak Engineers, and shall include appurtenant rights of access from adjoining public roadways. The commissioner of capital asset management and maintenance may make minor revisions to the plan for said parcel of land and may sign said leases or other agreement in accordance with provisions of said Chapter 65.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}]
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An Act relative to Rosa Parks Day
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S1992
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SD1538
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-18T16:23:10.89'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-18T16:23:10.89'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-06T07:54:19.9766667'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-06T11:06:24.8933333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-11T11:14:45.98'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:14:45.98'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T12:31:11.67'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-10T13:02:34.8433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-08-01T17:03:09.38'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1992/DocumentHistoryActions
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 1992) of Lydia Edwards, Jessica Ann Giannino, Mark C. Montigny, Sal N. DiDomenico and other members of the General Court for legislation relative to Rosa Parks Day. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 15BBBBBB, the following section:-
The Governor shall annually issue a proclamation setting aside February fourth as Rosa Parks Day, in lasting recognition of a historic civil rights leader, and recommend that the day be observed in an appropriate manner by the people.
SECTION 2. This act shall take effect upon its passage.
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An Act establishing a legislative fiscal office
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S1993
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SD1927
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T10:41:34.233'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T10:41:34.2333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1993/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1993) of James B. Eldridge for legislation to establish a legislative fiscal office. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 3 of the General Laws is hereby amended by inserting after section 71 the following section:-
Section 72. (a) There shall be a permanent legislative fiscal office to serve as a service agency for the general court, which shall consist of a director and deputy director and staff to assist the director and deputy director. The director and deputy director shall be appointed by joint decision of the lieutenant governor, treasurer, secretary of administration and finance, house chair of ways and means and senate chair of ways and means. The director, deputy director and staff shall have substantial experience in financial management, accounting or other related fields.
(b) The legislative fiscal office shall research and provide assistance and analysis to legislators, legislative staff and legislative committees on the fiscal impact of proposed legislation or the state budget. The findings and recommendations of the office are not binding upon the general court, but an independent assessment of costs and proposals of statutory changes to produce a more cost-sensible and effective proposal. Legislators can request that costs of a proposed bill be reviewed at any time during the legislative process, and if such a review is requested, the review shall be completed before the reporting of the bill from its current committee.
(c) The legislative fiscal office shall have the following responsibilities:
(1) Provide fiscal analysis on proposed legislation
(2) Analyze the governor’s proposed budget
(3) Following each legislative session, the office shall prepare a report detailing all appropriations of the legislature including, but not limited to, data concerning the final fiscal year budget, supplemental budgets, bonds, tax incentives and fiscal impact of bills signed into law during the legislative session.
(d) The funds for the operations of the legislative fiscal office shall be appropriated by the general court from the general fund from year to year and shall be included in and constitute a separate item in the act appropriating funds for the expenses of the general court.
(e) The books and records of the legislative fiscal office shall be subject to audit by the state auditor’s office.
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An Act promoting the civil rights and inclusion of American Muslims in the commonwealth
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S1994
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SD2376
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T12:30:34.29'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T12:30:34.29'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-20T16:22:25.38'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-13T14:10:19.85'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-18T11:03:09.2'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1994/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1994) of James B. Eldridge and Vanna Howard for legislation to promote the civil rights and inclusion of American Muslims in the commonwealth. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 3 of the General Laws is hereby amended by adding the following section:-
Section 71. (a) There shall be a permanent commission on the status of people who practice Islam consisting of 11 persons as follows: 2 persons appointed by the governor; 1 person appointed by the attorney general; 1 person appointed by the speaker of the house of representatives; 1 person appointed by the president of the senate; 2 persons appointed by the state secretary; 2 persons appointed by the senate chair of the Massachusetts general court’s joint committee on racial equity, civil rights, and inclusion; and 2 persons appointed by the house chair of the Massachusetts general court’s joint committee on racial equity, civil rights, and inclusion. Members of the commission shall reside in the commonwealth who have demonstrated a commitment to the Muslim American community. Members shall be subject to the provisions of chapter 268A as they apply to special state employees.
(b) Members shall serve terms of 3 years and until their successors are appointed. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term. Nominations for members shall be solicited by the appointing authorities between August 1 and September 16 of each year through an open application process using a uniform application that is widely distributed throughout the state.
(c) The commission shall elect from among its members a chair, a vice chair, a treasurer and any other officers it considers necessary. The members of the commission shall receive no compensation for their services, provided however, that they shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.
(d) The commission shall be a resource to the commonwealth on issues affecting American Muslim communities in the commonwealth. In furtherance of that responsibility, the commission shall: (1) promote research and serve as a clearinghouse and source of information on issues pertaining to American Muslims in the commonwealth; (2) inform the public and leaders of business, education, human services, health care, state and local governments and the communications media of the unique cultural, social, ethnic, economic and educational issues affecting American Muslims in the commonwealth; (3) foster unity among the American Muslim community and organizations in the commonwealth by promoting cooperation and sharing of information and encouraging collaboration and joint activities; (4) serve as a liaison between government and private interest groups with regard to matters of unique interest and concern to American Muslims in the commonwealth; (5) identify and recommend qualified American Muslims for appointive positions at all levels of government, including boards and commissions, as the commission considers necessary and appropriate; (6) assess programs and practices in all state agencies as they affect American Muslims, as the commission considers necessary and appropriate; (7) advise executive and legislative bodies on the potential effect on American Muslims of proposed legislation, as the commission considers necessary and appropriate; and (8) generally undertake activities designed to enable the commonwealth to realize the full benefit of the skills, talents and cultural heritage of American Muslims in the commonwealth.
(e) The commission shall annually, on or before June 2, report the results of its findings and activities of the preceding year and its recommendations to the governor and to the clerks of the senate and house of representatives.
(f) The powers of the commission shall include, but not be limited, to: (1) using the voluntary and uncompensated services of private individuals, agencies and organizations that may from time to time be offered and needed, including the provision of meeting places and refreshments; (2) holding regular, public meetings and holding fact-finding hearings and other public forums as it considers necessary; (3) directing staff to perform its duties; (4) establishing and maintaining offices that it considers necessary, subject to appropriation; (5) enacting by-laws for its own governance that are not inconsistent with any general or special law; and (6) recommending policies and making recommendations to agencies and officers of the state and local subdivisions of government to effectuate the purposes of subsection (d).
(g) The commission may request from all state agencies whatever information and assistance the commission requires.
(h) The commission may accept and solicit funds, including any gifts, donations, grants, or bequests, or any federal funds for any of the purposes of this section. These funds shall be deposited in a separate account with the state secretary’s office, be received by the state secretary on behalf of the commonwealth, and be expended by the commission in accordance with law.
(i) The commission staff shall consist of a paid executive director, employees and volunteers who assist the commission in effecting its statutory duties. The commission shall appoint the executive director for a term of 3 years.
SECTION 2. Notwithstanding section 1, the initial members of the American Muslim commission shall be appointed for the following terms:-
(a) The governor shall appoint, on or before December, 1, 2024, 2 members, each for a term of 3 years.
(b) The attorney general shall appoint, on or before December 1, 2024, 1 member for a term of 3 years.
(c) The speaker of the house of representatives shall appoint, on or before December 1, 2024, 1 member for a term of 3 years.
(d) The president of the senate shall appoint, on or before December 1 2024, 1 member for a term of 3 years.
(e) The state secretary shall appoint, on or before December 1, 2024, 2 members, each for a term of 3 years.
(f) The chair of the Senate committee on racial equity, civil rights shall appoint, on or before December 1, 2024, 2 members, each for a term of 3 years.
(g) The chair of the House committee on racial equity, civil rights shall appoint, on or before December 1, 2024, 2 members, each for a 3 year term.
SECTION 3. The executive director of the American Muslim commission, established by section 1, shall initially be appointed by the commissioners for the term of 3 years on or before December 1, 2025.
SECTION 4. Sections 1 to 3, inclusive, shall take effect on December 1, 2024.
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An Act to reduce the cost of government and create new jobs
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S1995
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SD1620
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T21:37:40.61'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T21:37:40.61'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1995/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1995) of Ryan C. Fattman for legislation to reduce the cost of government and creating jobs. State Administration and Regulatory Oversight.
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Sections 52 through 56, inclusive, of chapter 7 of the General Laws, as appearing in the 2020 Official Edition, are hereby repealed.
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An Act reducing the costs for small businesses
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S1996
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SD1622
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T21:46:31.78'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T21:46:31.78'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1996/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1996) of Ryan C. Fattman for legislation to reduce the costs for small businesses. State Administration and Regulatory Oversight.
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SECTION 1. Section 12 of chapter 156C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (d) and inserting in place thereof the following:-
(d) The fee for filing of the certificate of organization required by subsection (a) shall be two hundred and fifty dollars. The fee for the filing of the annual report required by subsection (c) shall be two hundred and fifty dollars. Such fees shall be paid to the state secretary at the time the certificate of organization or the annual report is filed.
SECTION 2. This act shall be effective beginning January 1, 2025.
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An Act relative to unpaid student loans
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S1997
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SD1657
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-18T11:35:53.81'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-18T11:35:53.81'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1997/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1997) of Ryan C. Fattman for legislation relative to unpaid student loans. State Administration and Regulatory Oversight.
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Section 13 of chapter 30A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
No board of registration operating pursuant to chapter 112 or agency shall deny issuance of, revoke or refuse to renew any professional or occupational certificate, registration, license or authority of an individual based on an individual’s default on an educational loan. This paragraph shall not apply to the division of banks.
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An Act to SAVE tax dollars in the Commonwealth
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S1998
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SD2217
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T13:37:44.253'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T13:37:44.2533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1998/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1998) of Ryan C. Fattman for legislation to SAVE tax dollars in the Commonwealth. State Administration and Regulatory Oversight.
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Chapter 7 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 63. (a) Notwithstanding any general or special law to the contrary, the secretary of administration and finance shall direct all state agencies under the control of the governor or a secretary that are responsible for the issuance of public benefits or licensure to register for the federal Systematic Alien Verification for Entitlements Program, hereinafter referred to as SAVE. The secretary shall further instruct said agencies and departments to use SAVE to verify whether applicants for a public benefit or license, whose documentation is not available or is questionable, are qualified for benefit eligibility purposes. The registration for SAVE pursuant to this section shall be incorporated into a uniform system for said state agencies to determine common eligibility standards for applicants.
(b) The secretary of administration and finance shall, on or before June 30, 2025, provide a written report to the senate and house committees on ways and means and the clerks of the senate and house of representatives detailing the steps taken to enroll in and implement SAVE. If a state agency that is required to register for SAVE pursuant to subsection (a) has failed to do so prior to June 30, 2025, the secretary shall include in the report the specific reasons that the agency has been unable to register for SAVE and a 6 month action plan with any legislative recommendations or requests for appropriations to effectuate its registration for SAVE.
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An Act addressing the racial wealth gap
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S1999
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SD711
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-17T11:18:28.79'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-17T11:18:28.79'}, {'Id': 'TRE7', 'Name': 'Deborah B. Goldberg, Treasurer and Receiver General', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TRE7', 'ResponseDate': '2023-01-17T21:16:13.4533333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-09T13:58:37.64'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-14T10:21:55.5233333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-27T15:22:31.0933333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-04T13:38:27.0633333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-11T12:22:15.8266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S1999/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1999) of Paul R. Feeney, Deborah B. Goldberg, Treasurer and Receiver General, Sal N. DiDomenico and Paul W. Mark for legislation to address the racial wealth gap. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 10 of the General Laws is hereby amended by adding after section 78 the following section:-
Section 79. (a) As used in this section the followings words and terms shall have the following meanings:-
“Accounting”, a designated beneficiary’s pro rata share of the fund, as determined by the state treasurer.
“Board”, means the Massachusetts Baby Bonds Trust Fund Advisory Board.
“Committee”, means the Massachusetts Baby Bonds Community Advisory Committee.
“Designated beneficiary”, means any individual who: (i) is born on or after July 1, 2024; and (ii) receives cash assistance under transitional aid to families with dependent children or is a child under the care or custody of the Massachusetts department of children and families within the first twelve months of their life.
“Eligible expenditure”, means an expenditure associated with any of the following: (i) post-secondary education of a designated beneficiary at a vocational or apprentice program, community college, or university that is located in and licensed, approved, or accredited by the commonwealth; (ii) investment in an entity doing business in the commonwealth by a designated beneficiary; (iii) purchase of a home in the commonwealth by a designated beneficiary; or (iv) any investment in financial assets or personal capital that provides long-term gains to wages or wealth, as defined by regulation promulgated by the state treasurer.
“Fund”, means the Massachusetts Baby Bonds Trust Fund.
(b)(1) There shall be a Massachusetts Baby Bonds Trust Fund for the exclusive purpose of assisting designated beneficiaries in pursuing opportunities for education, housing, and entrepreneurship, in order to create opportunities for financial independence.
(2) The state treasurer shall administer the fund. The state treasurer may contract with practitioners, administrators, investment managers and other entities in order to design, administer and provide investment options for the fund. The provisions of section 38 of chapter 29 of the general laws shall not apply to the investment of the fund.
(3) The state treasurer may accept moneys from public and private sources, including, but not limited to gifts, grants and donations, but not in lieu of contribution by the General Court. The state treasurer may expend moneys from the fund for all reasonable and necessary direct costs and expenses incurred with the management and investment of the fund.
(4) Moneys deposited in the fund shall not be subject to further appropriation and any moneys that are unexpended at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year. No expenditure made from the fund shall cause the fund to become deficient at any point.
(5) The state treasurer shall report annually on or before December 31 to the governor and house and senate committees on ways and means: (i) the balance of the fund and (ii) the total return generated by the principal of said fund during the prior 12-month period ending on June 30.
(c)(1) There shall be a Baby Bonds Trust Fund Advisory Board. The board shall meet from time to time to assist the state treasurer in the development of general policy regarding the fund and shall provide technical advice and input to the state treasurer. Matters considered by the board shall include, but not be limited to: (i) identification of eligible expenditures; (ii) development of mitigation measures to prevent fraud, scams, or financial exploitation of designated beneficiaries related to eligible expenditures; and (iii) partnerships with individuals and communities disproportionately impacted by the racial wealth gap in program expansion and development, including, but not limited to, regular collaboration with the Massachusetts Baby Bonds Community Advisory Committee established in subsection (d).
(2) The board shall consist of 17 members. There shall be 6 nonvoting members, 2 of whom shall be appointed by the president of the senate, 1 of whom shall be appointed by the minority leader of the senate, 2 of whom shall be appointed by the speaker of the house of representatives and 1 of whom shall be appointed by the minority leader of the house. There shall be 11 voting members: the state treasurer, or a designee, who shall serve as chair; the secretary for administration and finance, or a designee; the secretary of education, or a designee; the attorney general, or a designee; 2 members of the Baby Bonds Community Advisory Committee established in subsection (d), selected by said committee; and 4 members appointed by the state treasurer 2 of whom shall be experts in economics and socio-economic policy and 2 of whom shall be individuals from, or who have experience advocating on behalf of, a census tract where over 20 per cent of the populations fall below the federal poverty line. The appointed members shall each serve for a term of 5 years and shall be eligible for reappointment. The board shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.
(3) The board shall report annually on or before December 31 to the governor and the house and senate committees on ways and means.
(d) There shall be in the office of the treasurer and receiver general a Massachusetts Baby Bonds Community Advisory Committee which shall facilitate regular community engagement and outreach concerning the administration and allocation of the Baby Bonds Trust Fund. The committee shall be comprised of individuals and interested stakeholders from geographically diverse regions of the commonwealth. The committee shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.
(e)(1) At any time upon their reaching the age of 18 and prior to their reaching the age of 35, a designated beneficiary may submit a claim to distribute, in whole or in part, their accounting; provided, however, that the designated beneficiary shall demonstrate that the distribution will be applied toward an eligible expenditure; provided further, that, at the time of the application, the designated beneficiary is a resident of the commonwealth.
(2) A designated beneficiary may not assign, alienate or otherwise dispose of any portion of or interest in such accounting to another individual at any time prior to receiving the full distribution of the amounts in their accounting.
(3) If a designated beneficiary fails to submit a valid claim prior to their reaching age 35, their accounting shall be credited back to the assets of the fund.
(4) In the case of the death of a designated beneficiary prior to their reaching the age of 35, upon receipt of notification of such individual’s death, their accounting shall be credited back to the assets of the fund.
(5) The state treasurer shall seek to develop and make regularly available relevant resources and supports designed to assist in making financial decisions to designated beneficiaries and their households. The state treasurer shall encourage and incentivize designated beneficiaries to utilize said resources and supports prior to the distribution of funds to support an eligible expenditure.
(f) (1) Notwithstanding any general or special law to the contrary, no moneys invested in the fund shall be considered an asset for purposes of determining an individual’s or the individual’s household’s eligibility for, or amount of, any benefit or service, including, but not limited to: temporary assistance for needy families and need-based, institutional aid grants offered to an individual at the public educational institutions in the commonwealth.
(2) Notwithstanding any general or special law to the contrary, contributions to an accounting on behalf of a designated beneficiary shall not be included in calculating the gross income of the designated beneficiary under chapter 62.
(g) To carry out the purposes of this section, the Massachusetts department of transitional assistance, the Massachusetts department of children and families, the Massachusetts department of elementary and secondary education, and the Massachusetts department of public health shall provide to the office of the state treasurer any information it deems necessary to fund, coordinate, and evaluate activities of the fund. Said agencies shall enter an agreement with the office of the state treasurer to document the data sharing procedures and the information to be shared.
(h) The state treasurer may promulgate rules and regulations as necessary or proper for the administration and enforcement of subsections (a) through (g), inclusive.
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Lieutenant-Governor Driscoll's Inaugural Address
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S2
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SD13
| 193
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{'Id': 'L G7', 'Name': 'Kimberley Driscoll', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20G7', 'ResponseDate': '2023-01-07T12:30:23.847'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2/DocumentHistoryActions
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Governor's Message (Communication)
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In Joint Session, January 5, 2023 -- Communication from Her Honor the Lieutenant-Governor, Kimberly . Driscoll, submitting her inaugural address
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To the Honorable Senate and House of Representatives,
Madam President, Mr. Speaker, and members of the Legislature.
Governor Healey, Madame Chief Justice, members of our Judiciary, and members of the Governor’s Council.
Our incoming and outgoing Constitutional Officers and Cabinet Secretaries.
Distinguished guests, family and friends.
It is the honor of a lifetime for this Navy brat, public higher ed grad, and Gateway City Mayor to be standing here as your Lieutenant Governor.
Thank you all for being here to mark this historic moment.
I’m so grateful to have members of my family here to share in this special day. My 89 year old Navy veteran father, Fred, flew in for this occasion along with my sister Chrystal, my niece, Aunts, uncles and cousins who are here from near and far. Thank you for being here.
And I owe a special debt of appreciation and thanks to my husband Nick and our kids Delaney, Ailish, and Nicky. You have always been there for me. Thank you for your patience, sacrifices, and all your help. I wouldn’t be here without your love and support. I’m grateful and I love you.
Thank you to the talented individuals and groups who have honored us with their presence and performances today.
I also want to recognize members of the military, our Gold Star and bereaved military families, including members of the Ayube family who came here today from Salem.
To Lieutenant Governor Evelyn Murphy –
To Governor Jane Swift –
To Senate President Terry Murray –
To the dozens of women who I have not named but who have created a pathway in your fearlessness. You have my immense gratitude and great respect. Maura and I are honored to walk in the path you blazed. Thank you.
As we embark on the start of a new Administration, we begin on strong footing thanks to the work of Governor Baker and Lieutenant Governor Polito.
At a time when our national politics are moving in the other direction, they chose a bipartisan, people-centered approach and governed with a wide lens, a big heart and an open mind.
I know both Governor Healey and I want to extend our gratitude for their support, encouragement and collaboration throughout the transition.
Please join me in thanking them for their years of dedicated service to our Commonwealth.
Madam President and Mister Speaker, the steady hands of this Legislature have helped to ensure that Massachusetts is not just surviving, but thriving in the face of today’s global challenges. With your leadership, our state has provided safe haven and secured record resources to invest back into improving the quality of life in all our communities.
Thank you, the members of this Legislature from throughout our amazing Commonwealth, for the work you do every day. We are so grateful to join you in service to this place we are all fortunate enough to call home.
And to my partner and teammate … Madam Governor! I really like the sound of that.
It is my great honor to make history with you, my friend. The voters have entrusted us with a tremendous responsibility and an awesome opportunity. Like so many residents of our Commonwealth, I've been inspired by your work as the People’s Lawyer and I am thrilled to be by your side as you serve as the People’s Governor.
Many of you know me as the Mayor of Salem and having served as a local leader from the ‘get stuff done’ branch of government for the last 17 years, I know firsthand that what happens in this building impacts the quality of life of the people who live within our 351 cities and towns.
Mayors and local officials are on the front lines doing some of the most important work residents rely on - educating our kids; keeping our neighborhoods safe; investing in the places where we make memories and supporting healthy and vibrant communities.
Good cities and good towns, they don't happen by accident. It takes intentional and thoughtful leadership and a whole lot of hard work and collaboration - among state and federal governments, private and public sector partners, and institutions of all sizes and magnitude.
Those of us in this room elected to represent people throughout Massachusetts know that it’s possible to meet our collective needs in housing, in education, in transportation and climate. After all, we’re a state with a rich history of firsts - from sparking a revolution at home to sharing life-saving vaccines around the world.
Now, more than ever in our state’s history, we must lean into our roots and embrace the opportunities to grow, change, innovate - to bring people together in advancement of our shared vision.
THAT is the promise of Governor Healey and THAT is what we are committed to delivering with you every day – these next four years.
It can’t be overstated that Massachusetts is at an important inflection point as we turn the corner on the pandemic. Our ability to support thriving communities – and, as a result, have a thriving Commonwealth – will require a new commitment to embracing necessary change as we transition into a new America - one where you don’t have to live in the same place you work, where long, congested commutes, expensive housing and childcare shouldn’t dictate where you grow your roots, start your business, age or retire.
Simply stated, we can't be a thriving state if we're not meeting our housing and transportation needs; if we’re not addressing education and childcare inequities; or leading the nation and frankly the world when it comes to clean energy, life sciences and advanced manufacturing.
The next 4 years are critical. A robust Massachusetts economy is not automatic and despite strong fiscal balances, we're still leaving too many folks behind.
The upshot is we have the tools right here to make a meaningful impact on our most pressing challenges and we’re ready to get stuff done.
I am grateful that the people of Salem put their faith in me 17 years ago - an underdog candidate in a city that had never voted to put a woman in charge, let alone someone who hadn’t grown up there. My dad, sitting proudly up there, he was a chef in the Navy. My mom was from Trinidad. I was born in Hawaii and, as a military family, we moved quite a bit.
But it wasn’t until I came to Salem and got the chance to attend public college at Salem State that I finally felt like I had a home town. Like many of you, I could have called anywhere home after graduating but I fell in love with this place.
This amazing tapestry of people and places called Massachusetts.
Rich with history and natural beauty, a restlessness that comes when there’s an abundance of energy and ideas filling a place…a unique cultural vibrancy that runs through our great sports teams and our classical musical halls. And most importantly, the people – their values, compassion, intelligence, creativity – always striving to do better – that’s what made me want to call this place home.
And it’s why I care about making our collective communities, our state, a better place for people to live and work, to go to school, to start a business, to raise a family and to grow old with dignity.
Governor Healey and I stand before you today with hope and gratitude.
We are excited to get to work with our new cabinet, and with all of you to build on our current success; to bring people together toward an aligned vision for a Commonwealth that works for and welcomes all.
It’s truly an honor.
Now, let’s get to work.
Thank you.
Repectfully,
Kimberley Driscoll,
Lieutenant Governor
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Proposed Joint Rules for the 2023-2024 Legislative Session
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S20
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{'Id': None, 'Name': 'Senate Clerk', 'Type': 4, 'Details': None, 'ResponseDate': '2023-02-10T12:45:44.337'}
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[{'Id': 'TS29', 'Name': 'Temporary Senate Committee on Rules', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/TS29', 'ResponseDate': '2023-02-02T10:07:02.7733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S20/DocumentHistoryActions
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Report
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Senate, February 9, 2023 -- Text of the proposed Joint Rules adopted by the Senate, as the Joint Rules governing the 2023-2024 legislative session (being the text of Senate, No 18, printed as amended).
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'TH33', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/TH33'}, 'Votes': []}]
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An Act to protect consumers in cable contracts
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S200
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SD1695
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T14:53:51.833'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-19T14:53:51.8333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S200/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 200) of Susan L. Moran for legislation to protect consumers in cable contracts. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 25C of the General Laws is hereby amended by inserting, after section 9, the following section:-
Section 10. Cable Teaser Rates
For the purposes of this section, the following words shall have the following definition:
“Teaser rate”, a rate of customer payment for cable television services offered to customers or potential customers in the commonwealth by a cable television provider as part of a special offer, that will subsequently increase after a certain amount of time.
SECTION 2. Notwithstanding Section 623(l)(1) of the Federal Communications Act, section 543 of title 47 of the United States Code of Regulations, any order from the Federal Communications Commission, or any general or special laws to the contrary, the department of telecommunications and cable shall ensure that section 6.00 of Title 207 of the Code of Massachusetts Regulations includes the following provisions:
A cable television provider shall not offer or charge a teaser rate, as defined by [MGL], to a customer for less than 12 consecutive months before the rate increases;
A cable television provider shall send written and electronic notice to any customer receiving cable television services for a teaser rate 60 days and 30 days before first billing deadline after the teaser rate increases; and
A cable television provider shall not impose any penalties, monetary or otherwise, on a customer paying for cable television services under a teaser rate, for cancelling their subscription before the teaser rate increases.
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An Act to establish a November holiday honoring President John F. Kennedy, to promote increased voter participation and civic engagement
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S2000
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SD833
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:10:52.78'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:10:52.78'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2000/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2000) of Paul R. Feeney for legislation to establish a November holiday honoring President John F. Kennedy, to promote increased voter participation and civic engagement. State Administration and Regulatory Oversight.
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SECTION 1. Section 7 of chapter 4 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “October,”, in line 100, the following words:- John F. Kennedy Day.
SECTION 2. Section 15L of chapter 6 of the General Laws, as so appearing, is hereby amended by inserting after the word “November”, in line 2, the following words:- in all odd-numbered years and the first Tuesday after the first Monday in November in all even-numbered years.
SECTION 3. Said chapter 6 is hereby further amended by adding the following section:-
Section 222. There shall be a commission on the celebration of John F. Kennedy Day. The commission shall consist of: 2 persons to be appointed by the governor; 2 persons to be appointed by the state secretary, 1 of whom shall be designated to serve as chair; 1 person to be appointed by the speaker of the house of representatives; 1 person to be appointed by the minority leader of the house of representatives; 1 person to be appointed by the president of the senate; 1 person to be appointed by the minority leader of the senate; 1 person to be appointed by the executive director of the John F. Kennedy Library Foundation; 1 person to be appointed by the president of the John F. Kennedy Hyannis Museum Foundation, Inc.; and 1 person to be appointed by the president of the Edward M. Kennedy Institute for the United States Senate.
The commission shall recommend activities that promote civic engagement and voter participation including, but not limited to: (i) establishing a Kindergarten to grade 12, inclusive, education curriculum; (ii) hosting special events; (iii) marketing, which shall include the publication and distribution of materials and online content; (iv) voter engagement activities; (v) voter registration drives; and (vi) voter access. The commission shall meet not less than semiannually. The commission shall issue an annual report to the clerks of the senate and house of representatives not later than December 31.
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An Act relative to land acquisition
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S2001
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SD1094
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:39:49.623'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:39:49.6233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2001/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2001) of Paul R. Feeney for legislation relative to land acquisition. State Administration and Regulatory Oversight.
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SECTION 1. Section 2 of chapter 21A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following subparagraph:-
(31) publish notice in the Central Register of the intention of the Commonwealth to acquire land whenever an agency of the executive office of energy and environmental affairs acquires land by eminent domain, gift or devise at least 30 days prior to such acquisition.
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An Act to permit enhanced public access to deliberations of public bodies and to permit improved efficiency of public bodies
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S2002
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SD1104
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:33:59.127'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:33:59.1266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2002/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2002) of Paul R. Feeney for legislation to permit enhanced public access to deliberations of public bodies and to permit improved efficiency of public bodies. State Administration and Regulatory Oversight.
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SECTION 1. The definition of “Deliberation” in Section 18 of Chapter 30A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the phrase “procedural meeting”, the following word:- “materials”.
SECTION 2. The definition of “Meeting” in said Section 18 of said Chapter 30A, as so appearing, is hereby further amended by striking out the word “by”, and inserting in place thereof the following words:- “at a gathering of”.
SECTION 3. The definition of “Meeting” in said Section 18 of said Chapter 30A, as so appearing, is hereby further amended by striking out the word “or” at the end of clause (d).
SECTION 4. The definition of “Meeting” in said Section 18 of said Chapter 30A, as so appearing, is hereby further amended by striking out the word, “session.” at the end of clause (e) and inserting in place thereof the following words, “session; or”.
SECTION 5. The definition of “Meeting” in said Section 18 of said Chapter 30A, as so appearing, is hereby further amended by adding the following clause:-
(f) participation by members of a public body in a Public Internet Discussion.
SECTION 6. The definition of “Post Notice” in said Section 18 of said Chapter 30A, as so appearing, is hereby amended by inserting after the word “meeting”, the following words: - “or a public internet discussion”.
SECTION 7. Said Section 18 of said Chapter 30A, as so appearing, is hereby further amended by inserting after the definition of “Post Notice” the following definition:-
“Public Internet Discussion”, a discussion via the Internet by members of a public body, which may include matters within the body’s jurisdiction. All public Internet discussions shall be set up so that the public can monitor the discussion among members of the public body. At the discretion of the public body, a public Internet discussion may be set up so that some defined subset of the public can also make statements in the public Internet discussion. Everyone making statements in a public Internet discussion shall be authenticated, so that all statements can be accurately attributed to the person making them. No votes or formal actions may be taken in a public Internet discussion and there is no quorum requirement for a public Internet discussion.
SECTION 8. Section 20 of Chapter 30A, as so appearing, is hereby amended by striking out subsection (a) in its entirety and inserting in place thereof the following subsection:-
(a)(1)Except as provided in Section 21, all meetings of a public body shall be open to the public.
(2)All public Internet discussions shall be open to the public in that members of the public must be able to monitor the proceedings via the Internet.
(3)No deliberations may take place except at
(i)Meetings,
(ii)Public Internet Discussions, or
(iii)gatherings that meet exceptions (d) or (e) under the definition of Meeting, as defined in Section 18.
SECTION 9. Said Section 20 of Chapter 30A, as so appearing, is hereby further amended by striking out subsection (b) in its entirety and inserting in place thereof the following subsection:-
(b) Except in an emergency, in addition to any notice otherwise required by law, a public body shall post notice of every meeting and public Internet discussion at least 48 hours prior to the start of such meeting or public Internet discussion, excluding Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon as reasonably possible prior to such meeting or public Internet discussion. Notice shall be printed in a legible, easily understandable format and shall contain a listing of topics that the chair reasonably anticipates will be discussed at the meeting or public Internet discussion.
(1)In the case of a meeting, the notice also shall contain the date, time and place of the meeting.
(2)In the case of a public Internet discussion, the notice also shall contain the date and time of the start of the public internet discussion and shall state whether the public is limited to monitoring the discussion among members of the public body or whether some defined subset of the public can also make statements in the public Internet discussion. If some defined subset of the public can make statements in the public Internet discussion, the notice shall provide, or direct readers to, directions for members of that subset to get authenticated so that they can make statements in the public Internet discussion and their statements can be attributed accurately.
(3)In the case of a public Internet discussion held via an internet service such as a computer-mediated discussion, conference, forum or blog, it shall be publicly accessible and the notice shall include the URL (or URLs, if there are more than one) and any other information required to access the discussion and its archive.
(4)In the case of a public Internet discussion based on the exchange of discrete messages, it shall be possible for the public to subscribe to receive the messages and the messages shall be available from a publicly accessible archive. The notice shall include instructions for subscribing to the messages and instructions for accessing them from the archive.
(5)In the case of a continuing public Internet discussion, a notice that the public Internet discussion is continuing shall be reposted at least once a month. This notice shall include the instructions for accessing the public Internet discussion and its archive and shall list the topics that the chair reasonably anticipates will be discussed during the following month.
SECTION 10. Said Section 20 of Chapter 30A, as so appearing, is hereby further amended by inserting after the word “meetings”, in each instance in which it appears in subsection (c), the following words:- “and public internet discussions”.
SECTION 11. Said Section 20 of Chapter 30A, as so appearing, is hereby further amended by striking the word “The” at the beginning of subsection (d) and inserting in place thereof the following words:- “In the case of a physical meeting, the”.
SECTION 12. Said Section 20 of Chapter 30A, as so appearing, is hereby further amended by inserting in subsection (d), , the following sentences:- "In the case of public Internet discussions, there is no concept of the physical location of the discussion. Independent of participants’ physical locations, when they are participating in a public Internet discussion, they are present at the discussion. The public must be offered the same access to see, read, or hear the proceedings as the members of the public body have themselves.”
SECTION 13. Section 22 of Chapter 30A, as so appearing, is hereby amended by striking out subsection (a) in its entirety and inserting in place thereof the following subsection:-
(a)(1)A public body shall create and maintain accurate minutes of all meetings, including executive sessions, setting forth the date, time and place, the members present or absent, a summary of the discussions on each subject, a list of documents and other exhibits used at the meeting, the decisions made and the actions taken at each meeting, including the record of all votes.
(2)All information exchanged during a public Internet discussion must be captured and maintained and be freely accessible via the Internet. Each message or statement must have an indication of the date and time it was made and the person who made it. All statements made or opinions expressed in a public Internet discussion are made solely on behalf of the person making the statement or expressing the opinion (independent of whether that person is a member of the public body or the public at large), not on behalf of the public body.
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An Act making October 25th Dwarfism Awareness Day in the Commonwealth
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S2003
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SD1145
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:55:29.497'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:55:29.4966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2003/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2003) of Paul R. Feeney for legislation to make October 25th Dwarfism Awareness Day in the Commonwealth. State Administration and Regulatory Oversight.
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Chapter 6 of the General Laws is hereby amended by inserting after section 15LLLLLL the following section:-
Section 15MMMMMM. The governor shall annually issue a proclamation setting apart October 25 as National Dwarfism Day and shall recommend that the day be observed in an appropriate manner by the people.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith October 25 as Dwarfism Awareness Day, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act discouraging employers from closing call centers and customer service operations in the Commonwealth and relocating overseas, and for other purposes
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S2004
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SD1696
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-17T16:43:25.937'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-17T16:43:25.9366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2004/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2004) of Paul R. Feeney for legislation to discourage employers from closing call centers and customer service operations in the Commonwealth and relocating overseas, and for other purposes. State Administration and Regulatory Oversight.
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SECTION 1: SHORT TITLE
This Act may be cited as the “Save Massachusetts Call Center Jobs Act of 2021”.
SECTION 2: DEFINITIONS
In this Act:
1. CALL CENTER – The term “employer” means any business enterprise that employs, for the purpose of customer service or back-office operations –
A. 50 or more employees, excluding part-time employees; or
B. 50 or more employees who in the aggregate work at least 1,500 hours per week (exclusive of hours of overtime).
2. AGENCY – The term “agency” means a state executive agency.
3. PART-TIME EMPLOYEE – The term “part-time employee’ means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required.
4. SECRETARY – The term “Secretary” means the Secretary of Labor and Workforce Development.
SECTION 3: LIST OF CALL CENTERS THAT MOVE OVERSEAS
a) Notice Requirement
1. IN GENERAL – An employer that intends to relocate a call center, or one or more facilities or operating units within a call center comprising at least 30% of the call center’s, or operating unit’s, total volume when measured against the previous 12 month average call volume of operations or substantially similar operations, from Massachusetts out of state or to a foreign country shall notify the Secretary of Labor and Workforce Development at least 120 days before such relocation.
2. PENALTY – An employer that violates paragraph 1 shall be subject to a civil penalty not to exceed an amount of $10,000 for each day of such violation, except that the Secretary of Labor and Workforce Development may reduce such amount for just cause shown.
b) List
1. COMPILATION – The Secretary of Labor and Workforce Development shall compile a semiannual list of all employers that relocate a call center, or one or more facilities or operating units within a call center comprising at least 30% of the call center’s total volume of operations, from the Commonwealth of Massachusetts out of state or to a foreign country.
2. DISTRIBUTION – The Secretary of Labor and Workforce Development shall distribute the list required in paragraph 1 to all agencies under the jurisdiction of the Secretary.
SECTION 4: GRANTS OR GUARANTEED LOANS
a) INELIGIBILITY – Except as provided in subsection (b) and notwithstanding any other provision of law, an employer that appears on the list described in section 3(b)(1) shall be ineligible for any direct or indirect State grants, State guaranteed loans or tax benefit for 5 years after the date such list is published.
b) REVERSION – Except as provided in subsection (c) and notwithstanding any other provision of law, an employer that appears on the list described in section 3(b)(1) shall remit the unamortized value of any grant, guaranteed loans, tax benefits, or any other governmental support it has previously received to the Secretary of Labor and Workforce Development.
c) EXCEPTIONS – The Secretary of Labor and Workforce Development in consultation with the appropriate agency providing a loan or grant, may waive the ineligibility requirement provided under subsection (a) if the employer applying for such loan or grant demonstrates that a lack of such loan or grant would –
1) Result in substantial job loss in the Commonwealth of Massachusetts; or
2) Harm the environment.
SECTION 5: IN-STATE PROCUREMENT
The head of each agency shall ensure that all state-business-related call center and customer service work be performed by state contractors or their agents or subcontractors entirely within the Commonwealth of Massachusetts. State contractors who currently perform such work outside the Commonwealth of Massachusetts shall have two years following the enactment of this Act to comply with this Section 5; provided, that if any such grandfathered contractors add customer service employees who will perform work on such contracts, those new employees shall immediately be employed within the Commonwealth of Massachusetts.
SECTION 6: STATE BENEFITS FOR WORKERS
No provision of this Act shall be construed to permit withholding or denial of payments, compensation, or benefits under any other State law (including state unemployment compensation, disability payments, or worker retraining or readjustment funds) to workers employed by employers that relocate to a foreign country.
SECTION 7: EFFECTIVE DATE
This Act shall become effective 180 days after the date of enactment of this Act.
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An Act designating October 15 as Pregnancy and Infant Loss Awareness Day
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S2005
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SD2127
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T12:14:22.023'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T12:14:22.0233333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T19:01:29.38'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-29T13:29:28.2266667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T16:30:11.88'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2005/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2005) of Paul R. Feeney and Jason M. Lewis for legislation to designate October 15 as Pregnancy and Infant Loss Awareness Day. State Administration and Regulatory Oversight.
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Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 15LLLLLL the following section:-
15MMMMMM. The governor shall annually issue a proclamation setting aside the date of October 15 as Pregnancy and Infant Loss Awareness Day recommending its observance by the public to increase public awareness of the prevalence of pregnancy loss and the physical and mental toll individuals face following a pregnancy loss, an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, a failed adoption arrangement, a failed surrogacy arrangement, a diagnosis or event that impacts pregnancy or fertility, a stillbirth or the death of the newborn child. The governor shall further recommend that said day be observed in an appropriate manner by the people.
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An Act to establish the blue-spotted salamander as the official amphibian of the Commonwealth
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S2006
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SD1282
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T19:29:40.617'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T19:29:40.6166667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-01T09:54:53.77'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T16:45:58.6833333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-17T12:02:16.7733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2006/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 2006) of Barry R. Finegold, Hannah Kane and Jack Patrick Lewis for legislation to establish the blue-spotted salamander as the official amphibian of the Commonwealth. State Administration and Regulatory Oversight.
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Chapter 2 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 64 the following section:-
Section 65. Amphibian of commonwealth
The blue-spotted salamander shall be the official amphibian of the commonwealth.
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An Act relative to fair software licensing
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S2007
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SD2021
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-18T19:21:17.807'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-18T19:21:17.8066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2007/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 2007) of Barry R. Finegold for legislation relative to fair software licensing. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 7D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 11 the following section:-
Section 12. Fair software licensing
(a) The terms of a contract entered into by any state agency for the licensing of software applications designed to run on generally available desktop or server hardware shall not limit the ability of the state agency to install or run the software on the hardware of the agency’s choosing.
(b) The secretary of the executive office of technology services and security shall issue administrative directives to carry out this section.
SECTION 2. Section 1 of this act shall apply to any contract or addendum for the licensing of software applications on or after the effective date of this act.
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An Act designating the “Giant Puffball” fungus as the official mushroom of the Commonwealth
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S2008
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SD1111
| 193
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T14:13:44.637'}
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[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T14:13:44.6366667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:34:54.8433333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-08T16:21:48.1766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2008/DocumentHistoryActions
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Bill
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By Ms. Friedman, a petition (accompanied by bill, Senate, No. 2008) of Cindy F. Friedman, Jason M. Lewis and Sean Garballey for legislation to designate the “Giant Puffball” fungus as the official mushroom of the Commonwealth. State Administration and Regulatory Oversight.
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Chapter 2 of the General Laws is hereby amended by adding the following section:-
Section 65. The “Giant Puffball” fungus, calvatia gigantea, shall be the official mushroom of the Commonwealth.
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An Act regarding Huntington's Disease Awareness Month
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S2009
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SD66
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:30:24.583'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:30:24.5833333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-01T10:11:24.3466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2009/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2009) of Anne M. Gobi and Jason M. Lewis for legislation relative to Huntington's Disease Awareness Month. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 6 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting at the end thereof the following:-
Section 15YYYYY. The governor shall annually issue a proclamation setting apart the month of May as Huntington’s Disease Awareness Month in Massachusetts.
SECTION 2. This act shall take effect upon its passage.
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An Act to reduce lottery littering
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S201
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SD476
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:18:02.33'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:18:02.33'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S201/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 201) of Patrick M. O'Connor for legislation to reduce lottery littering. Consumer Protection and Professional Licensure.
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SECTION 1. The Massachusetts State Treasurers Office shall instruct the Massachusetts State Lottery to develop a second chance game involving all lottery tickets and scratch tickets that do not contain winning numbers. The purpose of the game shall be to increase the amount of scratch tickets and lottery tickets recycled and reduce the amount of scratch tickets and lottery tickets thrown away or littered.
SECTION 2. The second chance game must be operational no later than 180 days of the passage of this bill.
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An Act authorizing the commissioner of capital asset management and maintenance to convey certain land in the town of Brookfield
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S2010
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SD125
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T11:08:28.96'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T11:08:28.96'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2010/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2010) of Anne M. Gobi for legislation to authorize the commissioner of capital asset management and maintenance to convey certain land in the town of Brookfield. State Administration and Regulatory Oversight.
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SECTION 1. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the department of the state police, may convey to Mary Faugno-Wiles a parcel of land in the town of Brookfield as replacement land for the conveyance pursuant to subsection (b). The parcel consists of 35,000 square feet, more or less, and is shown on a plan of land entitled “Map 14 Mill Street Land Swap”, prepared by Summit Engineering & Survey, Inc. and described in a deed recorded in the Worcester registry of deeds at book 2514, page 139. The conveyance shall be subject to such additional conditions and restrictions as the commissioner of capital asset management and maintenance, in consultation with the department of state police, may determine.
(b) As consideration for the conveyance of the parcel of land described in subsection (a), Mary Faugno-Wiles shall convey to the commissioner of capital asset management and maintenance a certain parcel of land to be used for general department of state police purposes on South Maple street in the town of Brookfield consisting of 38,000 square feet, more or less, and shown on the plan of land described in subsection (a) and described in a deed recorded in the Worcester registry of deeds at book 21493, page 111 or such other land or interest in land as the commissioner of capital asset management and maintenance, in consultation with the department of the state police, may deem appropriate. Any land or interest in land acquired pursuant to this act shall be permanently held and managed for purposes designated by the department of state police.
As further consideration for the conveyance in subsection (a), Mary Faugno-Wiles shall pay the difference between the full and fair market value of the parcel of land described in subsection (a) and the full and fair market value of the parcel described in this subsection. The commonwealth shall not be obligated to pay any consideration to Mary Faugno-Wiles if the full and fair market value of the parcel of land described in this section exceeds the full and fair market value of the parcel described in subsection (a). The full and fair market value of the parcels shall be determined by the commissioner of capital asset management and maintenance on the basis of independent appraisals commissioned by the commissioner.
The inspector general shall review and approve the appraisals, including the methodology utilized in conducting the appraisals. Thirty days prior to the conveyance authorized by this act, the commissioner of capital asset management and maintenance shall submit the appraisals and a report thereon to the inspector general. Not less than 15 days prior to the execution of any documents under this act, the inspector general shall prepare a report of the review and approval of the appraisal and file the report with the commissioner of capital asset management and maintenance, the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight.
Any consideration paid by Mary Faugno-Wiles to the commonwealth for the conveyance authorized by this act shall be deposited into the General Fund.
SECTION 2. Mary Faugno-Wiles shall be responsible for any and all costs that the commissioner of capital asset management and maintenance may deem necessary in connection with the conveyances pursuant to section 1, including, but not limited to, the costs of all appraisals, surveys, deeds and other document preparation, recording or filing fees and any other expenses incurred in connection with the conveyances.
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An Act relative to remote access for public bodies and town meeting
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S2011
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SD1247
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T13:05:22.54'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T13:05:22.54'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-23T15:31:37.5433333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-13T13:11:19.94'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-03-13T13:11:19.94'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-13T13:11:19.94'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-13T13:11:19.94'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-17T09:35:35.98'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-20T10:04:56.9633333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-06T11:20:21.2033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2011/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2011) of Anne M. Gobi and Joanne M. Comerford for legislation relative to remote access for public bodies and town meetings. State Administration and Regulatory Oversight.
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SECTION 1. Section 20 of Chapter 30A of the General Laws, as so appearing in the 2022 Official Edition, is hereby amended by striking out section 20, and inserting in place thereof the following section:
Section 20. (a) Except as provided in section 21, all meetings of a public body shall be open to the public.
(b) Except in an emergency, in addition to any notice otherwise required by law, a public body shall post notice of every meeting at least 48 hours prior to the meeting, excluding Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon as reasonably possible prior to the meeting. Notice shall be printed in a legible, easily understandable format and shall contain the date, time and place of the meeting and a listing of topics that the chair reasonably anticipates will be discussed at the meeting.
(c) For meetings of a local public body, notice shall be filed with the municipal clerk and posted in a manner conspicuously visible to the public at all hours in or on the municipal building in which the clerk's office is located and on the municipal website.
For meetings of a regional or district public body, notice shall be filed and posted in each city or town within the region or district in the manner prescribed for local public bodies. For meetings of a regional school district, the secretary of the regional school district committee shall be considered to be its clerk and shall file notice with the clerk of each city or town within the district and shall post the notice in the manner prescribed for local public bodies. For meetings of a county public body, notice shall be filed in the office of the county commissioners and a copy of the notice shall be publicly posted in a manner conspicuously visible to the public at all hours in the places as the county commissioners shall designate for the purpose.
For meetings of a state public body, notice shall be filed with the attorney general by posting on a website under the procedures established for this purpose and a duplicate copy of the notice shall be filed with the regulations division in the state secretary's office.
The attorney general may prescribe or approve alternative methods of notice where the attorney general determines the alternative methods will afford more effective notice to the public.
(d) Public bodies may allow remote meeting participation provided that all persons present at the meeting are clearly audible to each other. Remote members may vote and shall not be deemed absent for the purposes of section 23D of chapter 39. The public body shall ensure public access to the deliberations of the public body for interested members of the public through adequate, alternative means of public access. Where active, real-time participation by members of the public is a specific requirement of a general or special law, regulation or a local ordinance or by-law, pursuant to which the proceeding is conducted, any adequate, alternative means of public access pursuant to regulations established under section j shall provide for such participation and shall be sufficient to meet such participation requirement. A municipal public body that for reasons of economic hardship and despite best efforts is unable to provide adequate, alternative means of public access that will enable the public to follow the proceedings of the municipal public body as those activities are occurring in real-time may instead post on its municipal website a full and complete transcript, recording or other comprehensive records of the proceedings as soon as practicable upon conclusion of the proceedings. This paragraph shall not apply to proceedings that are conducted pursuant to a general or special law, regulation or a local ordinance or bylaw that requires allowance for active participation by members of the public. A public body shall offer its selected adequate, alternative means of public access to its proceedings without subscription, toll or similar charge to the public.
(e) Public bodies may allow hybrid meeting participation provided that all persons present at the meeting are clearly audible to each other.
(f) A public body may allow remote participation by all members in any meeting of the public body and a quorum of the body and the chair shall not be required to be physically present at a specified meeting location.
(g) A public body that elects to conduct its proceedings under this section shall ensure that any party entitled or required to appear before it shall be able to appear through remote means, as if the party were a member of the public body and participating remotely as provided in subsection
(h) No person shall address a meeting of a public body without permission of the chair, and all persons shall, at the request of the chair, be silent. No person shall disrupt the proceedings of a meeting of a public body. If, after clear warning from the chair, a person continues to disrupt the proceedings, the chair may order the person to withdraw from the meeting and if the person does not withdraw, the chair may authorize a constable or other officer to remove the person from the meeting.
(i) Within 2 weeks of qualification for office, all persons serving on a public body shall certify, on a form prescribed by the attorney general, the receipt of a copy of the open meeting law, regulations promulgated under section 25 and a copy of the educational materials prepared by the attorney general explaining the open meeting law and its application under section 19. Unless otherwise directed or approved by the attorney general, the appointing authority, city or town clerk or the executive director or other appropriate administrator of a state or regional body, or their designees, shall obtain certification from each person upon entering service and shall retain it subject to the applicable records retention schedule where the body maintains its official records. The certification shall be evidence that the member of a public body has read and understands the requirements of the open meeting law and the consequences of violating it.
(j) The attorney general shall develop and adopt standards and guidelines for remote or hybrid participation of public bodies.
SECTION 2. Said chapter 30A of the General Laws is hereby further amended by inserting after section 20 the following section:
Section 20 ½ . (a) Notwithstanding any general or special law, charter provision, ordinance or by-law to the contrary, the moderator in a town having a representative or open town meeting form of government may request that the select board or board of selectmen of the town call for a representative or open town meeting to be held through remote or hybrid participation, including, but not limited to, by means of a video or telephone conferencing platform. Such a request by the moderator to the select board or board of selectmen shall be in writing and shall include, but shall not be limited to: (i) the moderator’s determination and request to hold a town meeting through remote participation in accordance with this section; (ii) the video or telephone conferencing platform the moderator has determined to use to hold the town meeting; (iii) confirmation that the moderator has consulted with the local disability commission or coordinator for federal Americans with Disabilities Act compliance; and (iv) a certification by the moderator that: (A) the moderator has tested the video or telephone conferencing platform; and (B) the platform satisfactorily enables the town meeting to be conducted in substantially the same manner as if the meeting occurred in person at a physical location and in accordance with the operational and functional requirements set forth in this section.
A video or telephone conference platform used by a town meeting for remote or hybrid participation under this section shall, at minimum, provide for the ability for: (i) the moderator, town meeting members, town officials and any other interested members of the public to identify and hear the moderator and each town meeting member who attends and participates in the remotely-held town meeting, as well as any other individuals who participate in the remotely-held town meeting; (ii) the ability to determine whether a quorum is present; (iii) a town meeting member, town official or other individual to request recognition by the moderator without prior authorization; provided, however, that to the extent technologically feasible, the request is visible or audible to the public in real time and upon review of the recording of the town meeting proceedings, preserved according to subsection (h); (iv) the moderator to determine when a town meeting member wishes to be recognized to speak, make a motion, raise a point of order or object to a request for unanimous consent; (v) the moderator to recognize a town meeting member, town official or other individual to speak and to enable that person to speak; (vi) the ability to conduct a roll call vote; (vii) any interested members of the public to access the meeting remotely for purposes of witnessing the deliberations and actions taken at the town meeting; and (viii) the town meeting to be recorded. Registered voters residing in the town wishing to participate in a remote town meeting conducted pursuant to this section shall submit a request to participate to the town clerk not less than 48 hours in advance of the town meeting. Upon receipt of the request and verification of the requester’s voter registration status, the clerk shall provide to the requester instructions for participating in the remote town meeting.
(b) Not later than 10 business days following receipt of a written request by the moderator for remote or hybrid participation at a town meeting pursuant to subsection (a), the select board or board of selectmen shall vote to determine if the town meeting shall be held remotely by means of the video or telephone conferencing platform requested by the moderator.
(c) If the select board or board of selectmen votes to approve the request of the moderator for remote or hybrid participation at a town meeting the select board shall issue, a notice that expressly states: (i) that the town meeting shall be held remotely by means of the video or telephone conferencing platform requested by the moderator; (ii) the date and time of the meeting; and (iii) any information necessary for the moderator, town meeting members, town officials and interested members of the public to access and witness the deliberations and actions taken at the town meeting remotely.
The notice issued by the select board or board of selectmen shall be: (i) accompanied by the written request of the moderator submitted to the select board or board of selectmen under subsection (a); (ii) filed and posted in accordance with the requirements of subsection (b) of section 10A of chapter 39 of the General Laws; (iii) publicly posted not less than 10 days before the scheduled date of the remote town meeting. The notice may include a date, time and place for the town meeting to be resumed if the town meeting does not vote to continue the town meeting remotely pursuant to subsection (f).
(d) If the select board or board of selectmen votes to approve the request of the moderator for remote or hybrid participation at a town meeting and the select board or board of selectmen has not yet issued a warrant for a town meeting, the select board or board of selectmen shall approve and issue a warrant pursuant to section 10 of said chapter 39 for the town meeting that expressly states: (i) that the town meeting shall be held remotely or hybrid by means of the video or telephone conferencing platform requested by the moderator; (ii) the date and time of the meeting; and (iii) any information necessary for access and witness the deliberations and actions taken at the town meeting remotely.
The warrant issued by the select board or board of selectmen shall be: (i) accompanied by the written request of the moderator submitted to the select board or board of selectmen under subsection (a); and (ii) filed in accordance with said section 10 of said chapter 39, all other applicable laws and any relevant provisions of the town charter or by-laws. The warrant may include a date, time and place for the town meeting to be resumed if the town meeting does not vote to continue the town meeting remotely pursuant to subsection (f).
(e) Not later than 5 business days after a vote of the select board or board of selectmen to approve the request of the moderator to hold a town meeting remotely or hybrid pursuant to subsection (c) or (d), the town clerk shall submit certified copies of the vote of the select board or board of selectmen and the written request of the moderator to the attorney general.
(f) Any roll call vote taken at a representative or open town meeting held through remote or hybrid participation pursuant to this section shall be taken by any means that the moderator determines accurately and securely records the votes of those entitled to vote at the meeting, including, but not limited to, roll call vote, electronic voting, voting by ballot, voting by phone or any combination thereof. The vote of each voting member on a roll call vote shall be recorded and kept with the minutes of the town meeting.
(g) A representative or open town meeting held remotely or hybrid pursuant to this section shall be recorded and the recording shall be preserved and made publicly available on the town’s website for not less than 90 days after the conclusion of the remote or hybrid town meeting.
(h) All actions taken during a remote or hybrid town meeting held pursuant to this section are hereby ratified, validated and confirmed to the same extent as if the town meeting had been conducted in person and such actions are in accordance with all other applicable laws, charter provisions, ordinances and by-laws.
(j) The attorney general shall develop and adopt standards and guidelines for remote or hybrid participation of town meetings.
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[]
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An Act to establish a COVID-19 Remembrance Day
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S2012
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SD878
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-17T12:09:48.767'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-17T12:09:48.7666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T09:26:10.9'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T10:21:43.06'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T10:45:05.82'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2012/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 2012) of Patricia D. Jehlen, Rebecca L. Rausch and James B. Eldridge for legislation to establish a COVID-19 Remembrance Day. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 6 of the general laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section MMMMMM, the following new section:-
Section NNNNNN. The governor shall annually issue a proclamation setting apart March 10 as COVID-19 Remembrance Day to honor all who died or were stricken and their families from COVID-19 and subsequent variants especially older adults and people with disabilities, to appreciate those first responders, caregivers, and researchers who cared for victims or developed treatments or vaccines in response to the virus, and to evaluate public health preparedness and response to long-term conditions from the virus, and shall recommend that the day be observed in an appropriate manner by the people.
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[{'Description': 'co-sponsor removal ltr', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=15097&title=co-sponsor%20removal%20ltr'}]
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An Act relative to drowsy driving awareness
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S2013
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SD900
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T11:41:01.197'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T11:41:01.1966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2013/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 2013) of Patricia D. Jehlen for legislation relative to sleep deprivation avoidance and promotion of good sleeping practices. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof, the following new section:-
Section 15 CCCCCC. The governor shall annually issue a proclamation setting apart the second week of November as Massachusetts Drowsy Driving Prevention Week and recommending that such week be properly observed as a period of special attention to the need for public awareness and action relative to the problems of drowsy driving and driver fatigue. For purposes of this section “drowsy driving” or “driver fatigue” shall mean driving while being sleepy, tired, drowsy, or exhausted.
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An Act relative to collective bargaining rights for legislative employees
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S2014
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SD1208
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-17T07:19:15.367'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-17T07:19:15.3833333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T11:43:08.1566667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-17T13:14:40.7233333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-19T11:43:08.1566667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T11:43:08.1566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T11:43:08.1566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T13:39:32.0933333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-02-24T14:31:56.48'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-06T09:14:57.6533333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-08T09:28:08.8133333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-24T09:58:48.11'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-07-28T13:11:35.1966667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-09-20T14:42:35.4733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2014/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 2014) of John F. Keenan, Michael D. Brady, Anne M. Gobi, Walter F. Timilty and other members of the Senate for legislation relative to collective bargaining rights for legislative employees. State Administration and Regulatory Oversight.
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SECTION 1. Section 1 of chapter 150E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “executive”, in line 10, the following:- , legislative.
SECTION 2. Said section 1 of said chapter 150E, as so appearing, is hereby amended by inserting after the definition of “Legislative body” the following paragraphs:-
“Legislative employees”, all employees of the general court, including, but not limited to, legislative personal employees, employees of committees, caucuses, legislative information services, the house and senate business offices, the engrossing division, the house and senate clerk’s offices, the house and senate counsel’s offices and the house and senate human resource offices.
“Legislative personal employees”, general court employees whom the house speaker or senate president has approved for employment in the office of a particular senator or representative at the request of said senator or representative.
SECTION 3. Section 3 of said chapter 150E, as so appearing, is hereby amended by inserting after the third paragraph the following paragraphs:-
Appropriate bargaining units in the senate may include all legislative employees; provided, however, that: (1) in the case of legislative personal employees, legislative employees within the senate president’s office, the senate minority leader’s office, the office of the chair of the senate ways and means committee, the senate clerk’s office, or senate counsel’s office may be managerial or confidential employees that are excluded from the bargaining unit if said employees are managerial or confidential employees as defined in section 1; and (2) in the case of all other legislative employees, said employees may be excluded from a bargaining unit if said employees are managerial or confidential employees as defined in section 1.
Appropriate bargaining units in the house may include all legislative employees; provided, however, that: (1) in the case of legislative personal employees, legislative employees within the house speaker’s office, the house minority leader’s office, the office of the chair of the house ways and means committee, the house clerk’s office, or house counsel’s office may be managerial or confidential employees that are excluded from the bargaining unit if said employees are managerial or confidential employees as defined in section 1; and (2) in the case of all other legislative employees, said employees may be excluded from a bargaining unit if said employees are managerial or confidential employees as defined in section 1.
SECTION 4. Section 23 of chapter 268A of the General Laws is hereby amended by striking out the words “; and (iv) establishing additional exclusions for other situations that do not present a genuine risk of a conflict or the appearance of a conflict of interest” and inserting in place thereof the following words:-
; (iv) establishing additional exclusions for other situations that do not present a genuine risk of a conflict or the appearance of a conflict of interest; and (v) establishing specific exemptions, exclusions and procedures for curing particular perceptions of a conflict of interest as they may apply to exclusive representatives under chapter 150E.
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[]
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An Act relative to Massachusetts time zones and sunshine protection
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S2015
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SD1287
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-16T18:35:26.923'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-16T18:35:26.9233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2015/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 2015) of John F. Keenan for legislation relative to Massachusetts time zones. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 4 of the General Laws is hereby amended by striking out section 10, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 10. The standard time within the commonwealth shall be the time known and designated by the federal statute as Atlantic standard time and shall be exempted from the change to daylight savings time pursuant to the exemption provisions of the federal Uniform Time Act of 1966, 15 U.S.C. section 260(a). And in all laws, statutes, orders, decrees, rules and regulations relating to the time of performance of any act by any officer or department of the commonwealth, or of any county, city, town or district thereof, or relating to the time in which any rights shall accrue or determine, or within which any act shall or shall not be performed by any person subject to the jurisdiction of the commonwealth, and in all the public schools and in all institutions of the commonwealth, or of any county, city, town or district thereof, and in all contracts or choses in action made or to be performed in the commonwealth, it shall be understood and intended that the time shall be Atlantic standard time as changed by this section.
SECTION 2. Section 1 of this act shall take effect if two or more of the following states: New Hampshire, Vermont, Connecticut, Rhode Island, New York or Maine (i) enact an agreement adopting Atlantic standard time with the commonwealth, (ii) enact legislation having an identical effect with this act, or (iii) enact laws directing a state official to request the Secretary of Transportation of the United States to place that state in the Atlantic standard time zone.
SECTION 3. Within 90 days of the effective date of this act, the department of elementary and secondary education shall convene an educational task force to review the effect of school day start times for elementary school, middle school and secondary school students. The task force shall: (i) conduct a comprehensive study including, but not limited to, the impact of school start times on student academic performance, school scheduling issues, scientific and academic findings relative to the sleep needs of adolescents; (ii) schedule and hold public hearings throughout the commonwealth to ensure public input and comment; and (iii) make reasonable attempts at obtaining comments and suggestions from common stakeholders that may include teachers, students, parents of students, and education policy makers. The task force shall file a report containing its findings and recommendations, including legislation necessary to carry out its recommendations, with the joint committee on education not later than 12 months following the first meeting of the task force.
SECTION 4. Within 120 days of the effective date of this act, the governor shall petition the United States Department of Transportation to include the Commonwealth within the Atlantic standard time zone as provided for in the federal Uniform Time Act of 1966, 15 U.S.C. sections 260 to 267.
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An Act to ensure gender parity and racial and ethnic diversity on public boards and commissions
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S2016
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SD920
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T12:39:23.367'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T12:39:23.3666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T12:12:48.4266667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T10:04:52.6033333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T12:36:26.15'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T16:07:39.5766667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T10:29:18.7666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2016/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2016) of Jason M. Lewis, Rebecca L. Rausch, Vanna Howard, Sal N. DiDomenico and other members of the General Court for legislation to ensure gender parity and racial and ethnic diversity on public boards and commissions. State Administration and Regulatory Oversight.
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SECTION 1. Definitions.
“Diverse” means an individual who self-identifies in one or more of the following categories: Female, Underrepresented Minority, or LGBTQ+.
“Female” means an individual who self-identifies her gender as female, without regard to the individual’s designated sex at birth.
“Underrepresented Minority” means an individual who self-identifies as one or more of the following: Black or African American, Hispanic or Latinx, Asian, Native American, Alaska Native, Native Hawaiian, Pacific Islander, or two or more races or ethnicities, or such other similar non-white categories as reported in the Census Data.
“LGBTQ+” means an individual who self-identifies as any of the following: lesbian, gay, bisexual, transgender, or as a member of the queer community.
“Census Data” means the Decennial U.S. Census, performed by the U.S. Census Bureau every ten years as mandated by Article I, Section 2 of the Constitution.
SECTION 2. (a) Every appointive board or commission of the state established by the Code, if not otherwise provided by law, shall endeavor to have, or explain why it does not have, (1) at least fifty percent members who self-identify as Female, and (2) at least thirty-percent members who self-identify as an Underrepresented Minority or as LGBTQ+. For purposes of this section, these percentages are met where the appointment of one additional Diverse member would cause the board or commission to have a Diverse composition greater than the percentages required herein.
(b) Not later than 120 days after the release of new Census Data, the governor’s office shall amend the percentages in Section 1(a) where necessary to meet the following criteria:
(1) The percentage in Section 1(a)(1) shall reflect the female population in Massachusetts, as reported by the Census Data.
(2) The percentage in Section 1(a)(2) shall reflect the percentage population in Massachusetts of Underrepresented Minorities, as reported in the Census Data, plus the percentage population of LGBTQ+, as reported by the Census Data.
SECTION 3. Each person responsible for appointing members to a board or commission shall endeavor to ensure that, to the fullest extent possible, the composition of the board or commission reflects the diversity goals set forth in Section 1. Appointing authorities shall make a focused effort to appoint Diverse members to all boards and commissions, including but not limited to, developing and implementing a plan to attract and recruit Diverse members; and working with community-based and professional organizations with large networks of Diverse individuals.
SECTION 4. (a) To track and measure progress, each public board and commission shall identify and report to the governor’s office at least once per fiscal year:
(1) the total number of current members;
(2) the total number of current members who self-identify as Female;
(3) the total number of current members who self-identify as an Underrepresented Minority or LGBTQ+; and
(4) the total number of current members who self-identify as Female and as an Underrepresented Minority or LGBTQ+.
(b) In addition, each appointing authority shall make reasonable efforts to identify and report to the governor’s office at least once per fiscal year:
(1) the total number of persons who applied or were nominated for appointment to each public board or commission during the time period covered by the report;
(2) the total number of Females who applied or were nominated for appointment to each public board or commission during the time period covered by the report;
(3) the total number of Underrepresented Minorities and LGBTQ+ individuals who applied or were nominated for appointment to each public board or commission during the time period covered by the report; and
(4) the total number of Females who are also Underrepresented Minorities and LGBTQ+ who applied or were nominated for appointment to each public board or commission during the time period covered by the report.
(c) The governor’s office shall publish at least once per fiscal year a report that separately identifies for each public board and commission the data collected and reported by such board and appointing authority pursuant to paragraphs (a) and (b) in this Section. If any board or commission does not meet the diversity goals outlined in Section 1, the appointing authority shall include an explanation for why the goals were not met and describe the efforts, if any, by the appointing authority to increase the number of Diverse members on the board or commission.
(d) Any demographic data disclosed or released pursuant to this section shall disclose only aggregated statistical data and shall not identify an individual applicant, nominee or appointed board member or commissioner.
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[{'Description': 'Rep Fluker Oakley removal co-sponsorship', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16667&title=Rep%20Fluker%20Oakley%20removal%20co-sponsorship'}]
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}]
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[]
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An Act relative to nonprofit remote voting
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S2017
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SD929
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-13T10:03:14.453'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-13T10:03:14.4533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2017/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2017) of Jason M. Lewis for legislation relative to nonprofit remote voting. State Administration and Regulatory Oversight.
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SECTION 1: Section 6A of said chapter 180 of the General Laws, as so amended, is hereby further amended by adding the following paragraph:
Unless otherwise provided in the articles of organization or bylaws, if authorized by the board of directors: any annual, regular, or special meeting of members may be held at physical place, by means of remote communication, or by a hybrid model with both a physical place and by means of remote communication; and subject to the articles and bylaws or such guidelines and procedures as the board of directors may adopt, members not physically present at a meeting of members may, by means of remote communications:
(1) participate in a meeting of members; and
(2) be deemed present in person and vote at a meeting of members whether such meeting is to be held at designated place, by means of remote communication, or by a hybrid model, provided that:
(i) the corporation shall implement reasonable measures to verify that each person deemed present and permitted to vote at the meeting by means of remote communication is a member;
(ii) the corporation shall implement reasonable measures to provide such members a reasonable opportunity to participate in the meeting and to vote on matters submitted to the members, including an opportunity to read or hear the proceedings of the meeting substantially concurrently with such proceedings; and
(iii) if any member votes or takes other action at the meeting by means of remote communication, a record of such vote or other action shall be maintained by the corporation
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An Act establishing a special commission to identify opportunities to improve the efficiency and effectiveness of state agencies, programs, and services
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S2018
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SD1020
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:52:00.96'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:52:00.96'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2018/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2018) of Jason M. Lewis for legislation to establish a special commission to identify opportunities to improve the efficiency and effectiveness of state agencies, programs, and services. State Administration and Regulatory Oversight.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 11 the following chapter:-
Chapter 11A.
SECTION 1. (a) There shall be a special commission to study and make recommendations concerning functional overlaps and other redundancies among state agencies and opportunities to promote efficiency and accountability in state government. The commission shall consist of the following members or their designees: (i) the house and senate chairs of the joint committee on state administration and regulatory oversight, who shall serve as co-chairs; (ii) the chair of the house committee on post audit and oversight; (iii) the chair of the senate committee on post audit and oversight; (iv) the minority leader of the house; (v) the minority leader of the senate; (vi) the state auditor; (vii) the assistant secretary of commonwealth performance, accountability and transparency; (viii) the treasurer and receiver general; and (ix) 2 members that shall be appointed by the governor.
(b) The commission shall identify ways to eliminate overlaps and redundancies among state agencies and make other recommendations as the commission considers appropriate with the goal of reducing costs to the commonwealth and enhancing the quality and accessibility of state services to the public. The commission shall consider merging or consolidating state agencies and programs if a merger would reduce costs without adversely impacting the quality of services. The commission shall also seek to identify opportunities to maximize revenues, such as federal grants and matching funds.
(c) The commission may hold hearings and invite testimony from experts and the public. The commission shall review and identify best practices learned from similar efforts in other states, including the state of Connecticut’s Commission on Enhancing Agency Outcomes which submitted its final report on December 30, 2010.
(d) The agency head and staff of each state agency under consideration by the commission shall ensure that any data, information or materials that the commission requests for purposes of its review and deliberations are provided to the commission in a timely manner.
(e) Members of the commission shall be named and the commission shall begin its work within 60 days of the effective date of this act. The commission shall report to the general court the results of its investigation and study and recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerks of the senate and the house of representatives within 1 year of the effective date of this act. The clerks of the senate and house shall post the report on the website of the general court.
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An Act relative to Chapter 30B procurement
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S2019
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SD1028
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-13T14:26:05.84'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-13T14:26:05.84'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2019/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2019) of Jason M. Lewis for legislation relative to Chapter 30B procurement. State Administration and Regulatory Oversight.
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SECTION 1. Section 4 of chapter 30B of the General Laws is amended by striking out paragraphs (a) and (b) and inserting in place thereof the following two sections:-
(a) Except as permitted pursuant to this section and section 7, for the procurement of a supply or service in the amount of $10,000 or greater, but not more than $100,000, a procurement officer shall seek written quotations from no fewer than 3 persons customarily providing the supply or service. The procurement officer shall record: (1) the names and addresses of all persons from whom quotations were sought, (2) the purchase description used for the procurement, (3) the names of the persons submitting quotations and (4) the date and amount of each quotation. Such information shall be retained in the file required pursuant to section 3. A governmental body may require that any procurement in an amount of not more than $100,000 be subject to the provisions of section 5 or section 6.
(b) The procurement officer shall award the contract to the responsible person offering the needed quality of supply or service at the lowest quotation unless the procurement officer elected to procure the supply or service subject to section 6. If the supply or service was procured subject to section 6, the procurement officer shall award the contract pursuant to section 6 subsection (g).
SECTION 2. Section 5 of said Chapter 30B, is hereby amended by striking out the figure “$50,000”, each time it appears, and inserting in place thereof the following figure:- $100,000.
SECTION 3. Section 6 of said Chapter 30B is hereby amended in paragraph (a) by inserting after the word “$100,000” the following words: “except as permitted pursuant to section 4 subsection (a),”
SECTION 4. Section 6A of said chapter 30B, is hereby amended by striking out the figure “$50,000” and inserting in place thereof the following figure:- $100,000
SECTION 5. Section 7 of said chapter 30B, is hereby amended by striking out the figure “$50,000” and inserting in place thereof the following figure:- $100,000
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An Act allowing businesses to sign up for the "Do Not Call" list
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S202
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SD1064
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:07:17.93'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:07:17.93'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S202/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 202) of Patrick M. O'Connor for legislation relative to telemarketing solicitation. Consumer Protection and Professional Licensure.
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SECTION 1: Section 1 of chapter 159C is hereby amended by striking out the definition for “consumer” and inserting in place thereof the following definition:
“Consumer”, an individual who is a resident of the commonwealth or an association, corporation, partnership, limited partnership, limited liability company or other entity operating in the commonwealth, that subscribes to residential or business telephone services in the commonwealth and is a prospective recipient of goods or services.
SECTION 2: Section 1 of chapter 159C, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 14, the word “residential”.
SECTION 3: Section 5 of chapter 159C, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 1, the word "residential".
SECTION 4: Section 8 of Chapter 159C, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 10, the word "person" and inserting in place thereof the following word:- “consumer”.
SECTION 5: Section 10 of Chapter 159C, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 2, the word "person" and inserting in place thereof the word:- "consumer".
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An Act to preserve early education support for families
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S2020
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SD1311
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:32:05.83'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:32:05.83'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T12:36:34.9966667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-10T11:05:56.77'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-02-10T11:05:56.77'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-10T11:05:56.77'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:02:45.9833333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-23T10:40:03'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-23T10:40:03'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2020/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2020) of Jason M. Lewis, Jack Patrick Lewis, Jacob R. Oliveira, Robyn K. Kennedy and other members of the General Court for legislation to preserve early education support for families. State Administration and Regulatory Oversight.
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The sixth paragraph of section 22N of chapter 7 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sentence:- Notwithstanding any general or special law to the contrary, child care and school age programs contracting with the department of early education and care or their agents shall be exempt from the price limitations set forth by the bureau.
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An Act providing for the creation of a Massachusetts COVID-19 Memorial
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S2021
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SD1430
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T16:05:46.96'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:05:46.9766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2021/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 2021) of Vincent Lawrence Dixon for legislation to provide for the creation of a Massachusetts COVID-19 Memorial. State Administration and Regulatory Oversight.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the following new chapter:
PURPOSE:
The COVID-19 Pandemic, which began in the year 2020, and may well continue deep into future years, and possibly further, has already taken a toll that is massive, tragic, and devastating to the lives of tens of thousands, of Massachusetts residents; disrupted, and damaged the lives of the people of Massachusetts, their families, schools and other educational institutions, workplaces, friends; businesses, the economy, other institutions of society, and more. These losses, as they mount, are also accompanied by the damage to the health, perhaps for life, of many thousands of other individuals. The losses, as of the original writing of these words, are already at the level previously encountered, only in previous military conflicts; and these losses are likely to continue to mount, far beyond those levels.
Public Monuments, serve many purposes, including to honor significant persons, and to remember important losses; thereby providing specific respect, and some important roles in public education.
Therefore, this legislation, establishes a Purpose for developing a Massachusetts COVID-19 Memorial.
SECTION 2. To establish this Memorial, this enabling legislation, authorizes the creation of a Massachusetts COVID-19 Memorial Commission, to honor those who have died from the virus, been injured, and/or harmed by it, and to encourage thoughtful reflection on the circumstances of the Pandemic, in Massachusetts.
This Commission, shall have nineteen (19) members, appointed by the Governor of Massachusetts, and other specified officials:
• One (1) designee of the Governor
• One (1) designee of the President of the Senate
• One (1) designee of the Speaker of the House
• Five (5) Chief Executive Officers, or their designees, from accredited hospitals, whose primary offices, are in the Commonwealth
• One (1) representative of Massachusetts Nurses
• One (1) representative of Massachusetts Doctors
• One (1) representative of Massachusetts Educators
• One (1) representative of EMTs
• One (1) representative of Firefighters
• One (1) representative of Police Officers
• One (1) representative of Homemakers
• One (1) representative of Food Service Workers
• Three (3) Citizens At Large
SECTION 3. The life of this Commission, shall be up to three (3) years, from its appointment; and it shall select a Chairperson, from among its membership.
This Commission, shall publicize its Mission of Memorial, and welcome any, and all, appropriate ideas for a fixed Memorial, a location for such Memorial, in a statue type display, and possibly including a public health educational outreach program, on viruses, vaccines, and other similar effective disease controlling, and defeating; scientific, and public engaging activities. A report shall be produced, with analysis, recommendations, and suggestions for such a Memorial.
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Resolve regarding revitalizing the right of free petition
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S2022
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SD1431
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T16:07:41.02'}
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[{'Id': None, 'Name': 'Lawrence Vincent Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:07:41.0366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2022/DocumentHistoryActions
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Resolve
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By Mr. Lewis (by request), a petition (accompanied by resolve, Senate, No. 2022) of Lawrence Vincent Dixon that provisions be made for an investigation and study by a commission (including members of the General Court) relative to the revitalization of the right of free petition. State Administration and Regulatory Oversight.
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Resolved, regarding informing the population of Massachusetts about the use of the Right Of Free Petition; the use of Bills, Resolves, Resolutions, and Proposals for Constitutional Amendments.
It being the proper business of the persons of Massachusetts, to be able to intersect with their government, therefore The Right Of Free Petition, should be revitalized, by a series of steps considered by The Great And General Court, and its two legislative chambers.
This legislation requests and describes creation of a Special Committee and/or Commission of members of the House, and Senate, to consider how to publicize, educate, and disseminate information to the general population of Massachusetts, regarding the availability, and processes for filing proposed legislative actions under the Right Of Free Petition: Bills, Resolves, Resolutions, and Proposals for Constitutional Amendments.
The Special Committee and/or Commission shall hold, well-publicized hearings, at both the State House, and in at least four other geographically disparate areas of The Commonwealth, to collect public comment regarding actions to be taken.
A suitable generally available publication shall be created, and disseminated by the Secretary of The Commonwealth, to provide general information as to how this right can be readily exercised. – It is the intent of this measure, that more individuals may bring forward, ideas, thoughts, and useful mechanisms, for the benefit of government, and our society.
This body shall be a membership appointed by the Speaker Of The House, President Of The Senate, and shall have representation of all political parties, including Unenrolled (non-party, Independents) from each body. Membership shall be appointed within three (3) months of passage.
This body shall have a lifespan of eighteen (18) months from the appointment of its members.
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An Act relative to improving boards and commissions
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S2023
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SD1435
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T16:09:50.67'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:09:50.67'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2023/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 2023) of Vincent Lawrence Dixon for legislation relative to improving boards and commissions. State Administration and Regulatory Oversight.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the following new chapter: An Act to Improve the Functioning of Various Boards and Commissions.
LEGISLATION PURPOSES
1.) The Office of Boards and Commissions, within the Executive Office for Administration and Finance, shares, and helps perform, the important tasks related to filling appointments, in over 700 Boards and Commissions. While the performance, has improved, there are certain additional abilities, that can be added, in order to improve the filling of appointments, the renewal of appointments, and the more complete membership of especially important bodies. This legislation is created, to add these powers, and opportunities, to The Office of Boards and Commissions.
2.) Whereas, the various Boards, and Commissions, of Massachusetts, have been created over time, to accomplish a variety of public tasks, and decisions, in a manner that allows informed consideration, deliberation, and decision making.
3.) Whereas, a large and persistent problem has continued, of the nature that members, and memberships of many of the said Boards, and Commissions, have failed of renewal, appointment, and/or reappointment, often leaving boards absent of quorums, and/or ability to make legally binding decisions.
4.) Therefore, this legislation sets the following requirements, in order to improve the functioning of boards, and commissions, and the quality of legally-binding decisions:
A general Registry Of Available Volunteer Board and Commission Members, for appointment, shall be created; as a mechanism to recruit individuals capable of service on such bodies. This Registry will engage in regular and suitable publicity, and recruitment activities, through all forms of media, printed, broadcast, electronic, and social media, seeking competent professionals, talented career individuals, and general citizens, with both specific and general skills. These publicity efforts should include, regular News Releases, and Public Service Announcements (PSAs) for general distribution. As individuals are identified, suitable personnel screenings, shall be conducted, to establish eligibility for this Registry. Once individuals are determined to be qualified for various bodies, they may be identified, also, as particularly qualified, for particular bodies. As this roster is compiled for the Registry, it should be updated on a yearly basis. All winning, and losing, candidates for any elected public office in Massachusetts, shall be contacted, and may be included in such a list(s) of potential appointees, since they, by being candidates for public office, have indicated an interest in aspects of public service. All members, of all existing Boards and Commissions, shall be annually queried by postal mail, and other means, as to the continuing nature of their activity as a member, their interest in remaining as a member, such thoughts as they may have in the continuation of their service, and of the Board, or Commission, of which they are a member; and also ideas about effective recruitment of members such as themselves, including the names of other capable and/or talented individuals. In the cases of those Boards, and Commissions, which intersect with, or relate to decision making on the licensure, or the determination of conduct of professional paid activities, employment, or activities; and meeting at least every three (3) months, a nominal stipend of three (3) hours per meeting, of the equivalent value of the Minimum Wage, may be compensated to members, if so authorized by the General Court.
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An Act to modernize participation in public meetings
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S2024
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SD2017
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T11:22:22.163'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T11:22:22.1633333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-26T09:57:39.5166667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T09:57:39.5166667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-26T09:57:39.5166667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-30T11:15:43.8133333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T11:15:43.8133333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:17:54.9233333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-01T10:04:03.92'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-01T10:04:03.92'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-03T09:24:43.71'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-03T09:24:43.71'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-07T10:22:30.6166667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-07T10:22:30.6166667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T13:50:13.83'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T11:08:13.1466667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-10T11:57:12.2733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T09:57:57.89'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-21T16:38:03.57'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T08:59:45.4733333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-13T16:09:02.9366667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-14T09:48:10.7533333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-20T13:31:58.9266667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-27T16:10:27.1733333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-04-13T15:38:26.9166667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-04-19T14:28:37.84'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-05-03T11:08:16.7933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2024/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2024) of Jason M. Lewis, Angelo J. Puppolo, Jr., Joanne M. Comerford, Brian W. Murray and other members of the General Court for legislation to modernize participation in public meetings. State Administration and Regulatory Oversight.
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SECTION 1. Section 18 of chapter 30A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following:-
“Hybrid meeting”, a meeting conducted simultaneously in a public place that is open and physically accessible to the public and via remote access.
“Remote access”, access through the internet, video conferencing or other video technology that allows a person to view and, when permitted or required, to participate in a meeting of a public body.
SECTION 2. Said chapter 30A is hereby further amended by striking out section 20 and inserting in place thereof the following sections:
Section 20. (a) All meetings of a public body shall be open to the public, except for a meeting of a public body in executive session as provided in section 21. All meetings of a public body shall be conducted as hybrid meetings, except for public bodies operating under a hardship waiver, as provided in section 20B.
(b) Except in an emergency, in addition to any notice otherwise required by law, a public body shall post notice of every meeting at least 48 hours prior to the meeting, excluding Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon as reasonably possible prior to the meeting. Notice shall be printed in a legible, easily understandable format and shall contain the date, time and place of the meeting, information about how to participate via remote access, and a listing of topics that the chair reasonably anticipates will be discussed at the meeting.
(c) Such notice shall be filed and posted in the following manner:
(i) For meetings of a local public body, notice shall be filed with the municipal clerk, who shall post it to the municipal website and in a manner conspicuously visible to the public at all hours in or on the municipal building in which the clerk’s office is located.
(ii) For meetings of a regional or district public body, notice shall be filed and posted in each city or town within the region or district in the manner prescribed for local public bodies and notice shall be posted on the regional or district public body’s website.
(iii) For meetings of a regional school district, the secretary of the regional school district committee shall be considered to be its clerk and shall file notice with the clerk of each city or town within the district and each city or town clerk shall post the notice in the manner prescribed for local public bodies, and notice shall be posted on the regional school district’s website.
(iv) For meetings of a county public body, notice shall be filed in the office of the county commissioners for the county and shall be posted on the county public body’s website, and in a manner conspicuously visible to the public at all hours in the places as the county commissioners shall designate for the purpose.
(v) For meetings of a state public body, notice shall be filed with the attorney general by posting on a website under the procedures established for this purpose and a duplicate copy of the notice shall be filed with the regulations division in the state secretary’s office and posted on the state public body’s website, or the website of its parent agency.
(d) A local public body, other than a local commission on disability, shall have at least one-third of its members physically present at all meetings. A member of the public body may participate in any meeting via remote access if such member is unable to be physically present at the public meeting location due to extraordinary circumstances, including but not limited to disability, illness, or caregiving responsibilities.
A state public body shall have at least one of its members physically present at all meetings.
(e) Members participating remotely shall not be deemed absent for the purposes of section 23D of chapter 39, shall count towards the quorum, and shall be permitted to vote remotely.
(f) All meetings of a state public body shall be video recorded by the body, and the recording shall be posted on the website of the public body within 10 business days after the meeting.
After notifying the chair, any person may make a video or audio recording of an open session of a meeting of a public body, or may transmit the meeting through any medium, subject to reasonable requirements of the chair as to the number, placement and operation of equipment used so as not to interfere with the conduct of the meeting.
At the beginning of the meeting, the chair shall inform other attendees of any recordings.
(g) No person shall address a meeting of a public body without permission of the chair, and all persons shall, at the request of the chair, be silent. No person shall disrupt the proceedings of a meeting of a public body. If, after clear warning from the chair, a person continues to disrupt the proceedings, the chair may order the person to withdraw from the meeting and, if the person does not withdraw, the chair may authorize a constable or other officer to remove the person from the meeting or may cause the person’s remote access to be restricted. The chair must exercise the powers conferred by this section in conformity with constitutional free speech protections. A public body shall not restrict public comment based on its content or viewpoint; provided, however, that a public body may limit public comment if the public comment: (i) pertains to matters outside the jurisdiction of the public body; (ii) does not pertain to the specific topics to which a particular meeting or portion of a meeting is dedicated; or (iii) is speech that clearly qualifies as a true threat or incitement to imminent unlawful conduct under constitutional standards.
(h) Within 2 weeks of qualification for office, all persons serving on a public body shall certify, on a form prescribed by the attorney general, the receipt of a copy of the open meeting law, regulations promulgated under section 25 and a copy of the educational materials prepared by the attorney general explaining the open meeting law and its application under section 19. Unless otherwise directed or approved by the attorney general, the appointing authority, city or town clerk or the executive director or other appropriate administrator of a state or regional body, or their designees, shall obtain certification from each person upon entering service and shall retain it subject to the applicable records retention schedule where the body maintains its official records. The certification shall be evidence that the member of a public body has read and understands the requirements of the open meeting law and the consequences of violating it.
(i) Nothing in this section shall relieve a public body of the obligation to provide reasonable accommodations to persons with disabilities under the Americans with Disabilities Act.
Section 20A.
Remote access shall be subject to the following rules:
(i) A public body shall provide remote access without any paid subscription, toll, or similar charge.
(ii) All public bodies shall ensure remote access to meetings is accessible to persons with disabilities and provided in such a manner as to ensure effective communication and equal opportunity to participate to such persons. Consistent with the Americans with Disabilities Act, public bodies shall provide reasonable accommodations to persons with disabilities remotely accessing a meeting.
(iii) Members of a public body, whether participating in person at a physical meeting location or via remote access, shall participate in the same manner for the duration of that meeting.
(iv) The public body shall ensure that all its members can be heard and seen by members of the public while the meeting is being conducted.
(v) Members of the public participating via remote access shall maintain their video cameras on when offering public comment.
Section 20B.
(a) Public bodies that are open to the public shall be required to conduct all meetings as hybrid meetings, except as provided below.
(b) A municipality may request a hardship waiver from the attorney general’s office on behalf of any non-elected local public body or bodies that for reasons of economic hardship and despite best efforts are unable to conduct hybrid meetings.
A public body that is granted a hardship waiver shall be relieved of the obligation to conduct hybrid meetings and shall instead conduct its meetings via remote access.
If the attorney general’s office determines that for reasons of economic hardship and despite best efforts the public body is unable to conduct its meetings via remote access, the public body shall conduct its meetings in a public place that is open and physically accessible to the public.
A hardship waiver may be renewed annually, upon a written finding by the attorney general’s office; provided, however, that the municipality demonstrates substantial efforts to secure funding to enhance its technical and staffing capacity to conduct its meetings in a hybrid manner, including applying to the municipal hybrid meeting grant program established in section 12 of chapter 7D, or otherwise to overcome the reasons for requesting the waiver.
The attorney general’s office may not issue or renew a hardship waiver to be effective beyond January 1, 2030.
(c) A hardship waiver may not be issued to a state public body.
SECTION 3. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section QQQQQ the following section:-
Section 2RRRRR. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Municipal Hybrid Meeting Trust Fund that shall be administered by the office of municipal and school technology within the executive office of information technology services and security for the purpose of assisting municipalities expand their remote and hybrid meeting capabilities for non-elected municipal bodies so that they may better serve their constituents. The fund shall be credited with appropriations, bond proceeds or other money authorized or transferred by the general court and specifically designated to be credited to the fund, and any interest earned on such money. Revenues deposited in the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year. No expenditure made from the fund shall cause the fund to become deficient.
SECTION 4. Chapter 7D of the General Laws is hereby amended by inserting the following new section:-
Section 12. (a) There shall be a competitive grant program developed and administered by the office of municipal and school technology within the executive office of information technology services and security for the implementation by municipalities of hybrid meetings for non-elected municipal public bodies. This grant program shall provide funds for the acquisition and adoption of technology to enable hybrid meetings and technical assistance to support hybrid meeting implementation. The commissioner may expend funds for this grant program from the Municipal Hybrid Meeting Trust Fund established in section 2RRRRR of chapter 29, hereinafter the trust fund.
(b) All grant applications shall include but not be limited to: (i) a plan for enabling all non-elected public bodies in the municipality to conduct hybrid meetings, including technology and meeting space upgrades and technical assistance; and (ii) a preliminary estimate of the cost of the plan.
(c) In approving grant applications, the office of municipal and school technology may give preference to applications from municipalities in rural areas and gateway cities.
(d) A municipality that is awarded funds pursuant to this section shall submit to the office of municipal and school technology a report describing how such funds have been expended, the municipality’s implementation of hybrid meetings across non-elected public bodies, and any remaining gaps in implementation of hybrid meetings.
(e) Money in the trust fund may be used to support the replication and the dissemination of best practices generated through the competitive grant program.
(f) Annually, not later than December 1, the office of municipal and school technology shall submit a report detailing expenditures from the trust fund to the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means and the chairs of the joint committee on state administration and regulatory oversight.
SECTION 4. Section 20B of chapter 30A is hereby repealed.
SECTION 5. Section 20 of chapter 30A is hereby amended by striking out subsection (a) and inserting in place thereof:-
(a) Except as provided in section 21, all meetings of a public body shall be open to the public, except for a meeting of a public body in executive session as provided in section 21. All meetings of a public body shall be conducted as hybrid meetings.
SECTION 6. Sections 4 and 5 shall take effect on January 1, 2030.
SECTION 7. Sections 1 and 2 shall take effect 180 days after the effective date of this act.
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An Act relative to the 401(k) CORE plan
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S2025
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SD258
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:24:38.63'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:24:38.63'}, {'Id': 'TRE7', 'Name': 'Deborah B. Goldberg, Treasurer and Receiver General', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TRE7', 'ResponseDate': '2023-01-21T07:41:58.2666667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-23T09:34:39.9433333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-03T11:52:20.3333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-12T14:45:38.23'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2025/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 2025) of Joan B. Lovely and Deborah B. Goldberg, Treasurer and Receiver General for legislation relative to the 401(k) CORE plan. State Administration and Regulatory Oversight.
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SECTION 1. Section 64E of chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking, in lines 5 and 6, the following:- “and employing not more than 20 persons,”
SECTION 2. Said section 64E of said chapter 29 of the General Laws, as so appearing, is hereby further amended by inserting at the end thereof the following subsection:-
(g) Notwithstanding any general or special law to the contrary, the state treasurer, or designee, may seek to reduce operating expenses for the plan through private donations or grants, which may include direct and indirect fundraising.
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An Act to promote American manufacturing
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S2026
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SD286
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T17:59:37.147'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T17:59:37.1466667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-20T14:55:58.63'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-26T14:49:09.2566667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-08T11:57:33.4333333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T11:53:50.1966667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-21T14:18:47.0133333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-14T10:49:55.2766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2026/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 2026) of Joan B. Lovely, Adam Scanlon, Michael D. Brady, Patrick M. O'Connor and other members of the General Court for legislation to promote American manufacturing. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 7 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 22O, the following new section:-
Section 22P. USE OF AMERICAN MATERIALS
(a) Notwithstanding any general or special law to the contrary relating to procurement, and to the extent permitted by federal law, a state or municipal agency or authority shall, after giving preference pursuant to the provision of section 22O of this chapter for each contract for the construction, reconstruction, alteration, repair, improvement or maintenance of a public building or public works made by a public agency shall contain a provision that the iron, steel, fabricated steel, and manufactured goods used or supplied in the performance of the contract or any subcontract thereto shall be manufactured in the United States.
(b) The provisions of subsection
(a) of this section shall not apply in any case or category of cases in which the executive head of a public agency finds —
(1) that their application would be inconsistent with the public interest;
(2) that such materials and products are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory quality; or
(3) that inclusion of domestic material will increase the cost of the overall project
contract by more than 25 percent.
(c) If the executive head of a public agency receives a request for a waiver under subsection (b), the agency shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request.
(A.) A notice provided under subparagraph (A) shall —
(i) include the information available to the Secretary concerning the request, including whether the request is being made under subsection (b)(1), (b)(2), or (b)(3); and
(ii) be provided by electronic means, including on the official public Internet Web site of the agency.
(B) If the Secretary issues a waiver under subsection (b), the Secretary shall publish in the [applicable state record] a detailed justification for the waiver that —
(i) addresses the public comments received under paragraph (c)(A); and
(ii) is published before the waiver takes effect.
(d) Intentional Violations. If it has been determined by a court or Federal or State agency that any person intentionally —
(1) affixed a label bearing a "Made in America" inscription, or any inscription with the same meaning, to any iron, steel, fabricated steel, or manufactured good used in projects to which this section applies, sold in or shipped to the United States that was not made in the United States; or
(2) represented that any iron, steel, fabricated steel, or manufactured good used in projects to which this section applies that was not produced in the United States, was produced in the United States; that person shall be ineligible to receive any contract or subcontract with this State. The Attorney General is authorized to enforce the provision of the section.
SECTION 2. Chapter 30B of the General Laws is hereby amended by inserting after section 20, the following new section:
Section 20A. (a) Notwithstanding any general or special law to the contrary and to the extent permitted by federal law, any governmental body subject to the provisions of this chapter shall require, in all contracts pertaining to any construction project exceeding $500,000, for each contract for the construction, reconstruction, alteration, repair, improvement or maintenance of a public building or public works made by a public agency shall contain a provision that the iron, steel, fabricated steel, and manufactured goods used or supplied in the performance of the contract or any subcontract thereto shall be manufactured in the United States.
(b) The provisions of subsection (a) may not apply if less than three steel manufacturers and/or fabricators located in the United States have submitted responsive bids under the provisions of this chapter.
(c) If any provision of this chapter or application thereof is held to be invalid or in conflict with any applicable laws, this invalidity or conflict shall not affect the other provisions or applications which shall be given affect without the invalid provisions or applications, and to this end, the provisions and applications of this chapter are severable.
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An Act authorizing project labor agreements
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S2027
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SD2313
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T15:37:56.65'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T15:37:56.65'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-13T20:39:01.6866667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-13T20:39:01.6866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-13T20:39:01.6866667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-13T20:39:01.6866667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-13T20:39:01.6866667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-13T20:39:01.6866667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-21T14:20:22.77'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T08:32:47.98'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T08:32:47.98'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-30T08:57:34.9466667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-05-09T13:16:13.8133333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-08T13:15:03.3633333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-06-20T10:17:43.61'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-06-21T10:08:38.2466667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-07-26T10:06:38.1533333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-10-03T11:22:03.3366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2027/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 2027) of Paul W. Mark, Susannah M. Whipps, Marc R. Pacheco, Jack Patrick Lewis and other members of the General Court for legislation to authorize project labor agreements. State Administration and Regulatory Oversight.
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SECTION 1. Section 15 of chapter 149A of the General Law is hereby amended by inserting after the last paragraph the following paragraphs:-
“Construction” means the construction, reconstruction, installation, demolition, maintenance or repair of public works or a building project.
“Labor organization” means a labor organization as defined in 29 U.S.C. 152(5) of the National Labor Relations Act of which building and construction employees are members.
“Lead construction firm” means the entity that executes a construction contract with the public agency, whether a general contractor, contractor principal, trade contractor, construction manager, design builder or other entity.
“Project labor agreement” means a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f) of the National Labor Relations Act.
“Awarding authority”, the commonwealth, or any political subdivision, department, agency, board, commission, authority, or other instrumentality thereof, or any county, city, town, or district. To the extent not otherwise prohibited, this definition includes public authorities, subject to said chapter 150A by chapter 760 of the acts of 1962.
SECTION 2. Section 44A of Chapters 149 and Section of the General Laws is hereby amended by inserting after Section 44A the following section:-.
Section 44A1/4
Notwithstanding the provisions of this section or any other general or special state law or local law to the contrary, a public agency planning a contract for construction may require a project labor agreement and be incorporated into the contract specifications in accordance with the requirements of this section.
A public agency may require a project labor agreement for any public works or building project when such a public agency has determined, on a project-by-project basis and acting within its discretion, that it is in the public's interest to require such an agreement. In making such a determination, the agency may consider the effects a project labor agreement may have on:
the efficiency, cost and direct and indirect economic benefits to the public agency;
the availability of a sufficient supply of skilled, qualified workers to complete the project;
the timing, prevention of delays or disruptions to the construction process;
the safety and quality of the public construction project;
the ability of public agencies to ensure that all contractors and subcontractors are responsible, eligible construction firms under Section 44A(1) of this chapter;
the ability of public agencies to facilitate cooperation between contractors, subcontractors and labor organization in construction planning and execution;
the expansion of apprenticeship programs and workforce development in the
construction industry to ensure sufficient skilled and qualified staffing for future public projects and the creation of employment opportunities in local
the advancement of minority and women-owned contracting businesses; and communities;
the promotion of employment and training opportunities for women, minority workers, and veterans.
Nothing in this Section shall prevent a public agency from utilizing a determination for a project labor agreement for multiple buildings or public works under an integrated construction program.
A public agency that determines a project labor agreement will be used on a project shall require the lead construction firm for the project, and all subcontractors, regardless of tier, to negotiate or become a party to a project labor agreement with one or more appropriate labor organizations.
Any project labor agreement required by a public agency pursuant to this section shall include provisions that:
require all contractors and subcontractors, regardless of tier, to be bound to the project labor agreement for a specific project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents and by requiring execution of the project labor agreement prior as a contractual requirement;
allow all contractors and subcontractors on the project to compete for contracts and subcontracts without regard to whether they are parties to collective bargaining agreements prior to bid selection;
establish uniform, mutually agreeable terms and conditions of employment for the construction workforce, including uniform work rules and schedules for the project;
set forth effective, prompt, binding procedures for resolving labor disputes arising during the term of the project labor agreement;
contain guarantees against strikes, lockouts, and similar job disruptions;
incorporate goals for the percentage of apprentice hours to be employed on the project;
incorporate goals for the percentage of work to be performed by minorities, women and veterans in accordance with applicable Massachusetts law and local ordinances, whichever is higher;
authorize the parties to the project labor agreement to develop other mechanisms for labor-management cooperation on matters of mutual interest and concern, including scheduling, quality of work and safety, and permit the public agency to participate in such mechanisms if it elects to do so; and
establish other terms and conditions required for the project labor agreement and mutually agreeable to parties and otherwise consistent with Federal and Massachusetts law.
SECTION 3. Section 39M of Chapters 30 of the General Laws is hereby amended by inserting after Section 39M the following section:-.
Section 39M1/4
Notwithstanding the provisions of this section or any other general or special state law or local law to the contrary, a public agency planning a contract for construction may require a project labor agreement and be incorporated into the contract specifications in accordance with the requirements of this section.
A public agency may require a project labor agreement for any public works or building project when such a public agency has determined, on a project-by-project basis and acting within its discretion, that it is in the public's interest to require such an agreement. In making such a determination, the agency may consider the effects a project labor agreement may have on:
the efficiency, cost and direct and indirect economic benefits to the public agency;
the availability of a sufficient supply of skilled, qualified workers to complete the project;
the timing, prevention of delays or disruptions to the construction process;
the safety and quality of the public construction project;
the ability of public agencies to ensure that all contractors and subcontractors are responsible, eligible construction firms under Section 44A(1) of this chapter;
the ability of public agencies to facilitate cooperation between contractors, subcontractors and labor organization in construction planning and execution;
the expansion of apprenticeship programs and workforce development in the
construction industry to ensure sufficient skilled and qualified staffing for future public projects and the creation of employment opportunities in local communities;
the advancement of minority and women-owned contracting businesses; and
the promotion of employment and training opportunities for women, minority workers, and veterans.
Nothing in this Section shall prevent a public agency from utilizing a determination for a project labor agreement for multiple buildings or public works under an integrated construction program.
A public agency that determines a project labor agreement will be used on a project shall require the lead construction firm for the project, and all subcontractors, regardless of tier, to negotiate or become a party to a project labor agreement with one or more appropriate labor organizations.
Any project labor agreement required by a public agency pursuant to this section shall include provisions that:
require all contractors and subcontractors, regardless of tier, to be bound to the project labor agreement for a specific project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents and by requiring execution of the project labor agreement prior as a contractual requirement;
allow all contractors and subcontractors on the project to compete for contracts and subcontracts without regard to whether they are parties to collective bargaining agreements prior to bid selection;
establish uniform, mutually agreeable terms and conditions of employment for the construction workforce, including uniform work rules and schedules for the project;
set forth effective, prompt, binding procedures for resolving labor disputes arising during the term of the project labor agreement;
contain guarantees against strikes, lockouts, and similar job disruptions;
incorporate goals for the percentage of apprentice hours to be employed on the project;
incorporate goals for the percentage of work to be performed by minorities, women and veterans in accordance with applicable Massachusetts law and local ordinances, whichever is higher;
authorize the parties to the project labor agreement to develop other mechanisms for labor-management cooperation on matters of mutual interest and concern, including scheduling, quality of work and safety, and permit the public agency to participate in such mechanisms if it elects to do so; and
establish other terms and conditions required for the project labor agreement and mutually agreeable to parties and otherwise consistent with Federal and Massachusetts law.
SECTION 4. Nothing in this Act shall limit publicly assisted projects from using Project Labor Agreements.
SECTION 5. The provisions of this act are severable. If any provision is determined to be invalid, the remainder of this act shall remain in full force and effect.
SECTION 6. Chapters 149A of the General Laws are hereby amended by inserting after section 21, the following
Section 22. Notwithstanding the provisions of this section or any other general or special state law or local law to the contrary, a public agency planning a contract for construction may require a project labor agreement and be incorporated into the contract specifications in accordance with the requirements of this section.
A public agency may require a project labor agreement for any public works or building project when such a public agency has determined, on a project-by-project basis and acting within its discretion, that it is in the public's interest to require such an agreement. In making such a determination, the agency may consider the effects a project labor agreement may have on:
the efficiency, cost and direct and indirect economic benefits to the public agency;
he availability of a sufficient supply of skilled, qualified workers to complete the project;
the timing, prevention of delays or disruptions to the construction process;
the safety and quality of the public construction project;
the ability of public agencies to ensure that a sufficient compliment contractors and sub-contractors meet the pre-qualification standards and requirements of Section 8 of 149A of this chapter;
the ability of public agencies to facilitate cooperation between contractors, subcontractors and labor organization in construction planning and execution;
the expansion of apprenticeship programs and workforce development in the
construction industry to ensure sufficient skilled and qualified staffing for future public projects and the creation of employment opportunities in local communities;
the advancement of minority and women-owned contracting businesses; and
the promotion of employment and training opportunities for women, minority workers, and veterans.
Nothing in this Section shall prevent a public agency from utilizing a determination for a project labor agreement for multiple buildings or public works under an integrated construction program.
A public agency that determines a project labor agreement will be used on a project shall require the lead construction firm for the project, and all subcontractors, regardless of tier, to negotiate or become a party to a project labor agreement with one or more appropriate labor organizations.
Any project labor agreement required by a public agency pursuant to this section shall include provisions that:
require all contractors and subcontractors, regardless of tier, to be bound to the project labor agreement for a specific project through the inclusion of appropriate specifications in all relevant solicitation provisions and contract documents and by requiring execution of the project labor agreement prior as a contractual requirement;
allow all contractors and subcontractors on the project to compete for contracts and subcontracts without regard to whether they are parties to collective bargaining agreements prior to bid selection;
establish uniform, mutually agreeable terms and conditions of employment for the construction workforce, including uniform work rules and schedules for the project;
set forth effective, prompt, binding procedures for resolving labor disputes arising during the term of the project labor agreement;
contain guarantees against strikes, lockouts, and similar job disruptions;
incorporate goals for the percentage of apprentice hours to be employed on the project;
incorporate goals for the percentage of work to be performed by minorities, women and veterans in accordance with applicable Massachusetts law and local ordinances, whichever is higher;
authorize the parties to the project labor agreement to develop other mechanisms for labor-management cooperation on matters of mutual interest and concern, including scheduling, quality of work and safety, and permit the public agency to participate in such mechanisms if it elects to do so; and
establish other terms and conditions required for the project labor agreement and mutually agreeable to parties and otherwise consistent with Federal and Massachusetts law.
SECTION 7. Nothing in this Act shall limit publicly assisted projects from using Project Labor Agreements.
SECTION 8. The provisions of this act are severable. If any provision is determined to be invalid, the remainder of this act shall remain in full force and effect.
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An Act relative to equity in public contracting in honor of Bruce C. Bolling
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S2028
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SD1047
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T18:21:55.473'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T18:21:55.4733333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-08T13:42:20.16'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-08T13:42:20.16'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:55:44.5866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2028/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 2028) of Liz Miranda, Lydia Edwards and Jason M. Lewis for legislation relative to equity in public contracting in honor of Bruce C. Bolling. State Administration and Regulatory Oversight.
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SECTION 1. Section 1 of chapter 7 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following definitions:-
“Low income community”, a municipality where the median household income is 65 per cent or less than the statewide household median income. In the case of a municipality with 50,000 residents or more, low income community shall mean a geographically contiguous, historically recognized neighborhood of 10,000-50,000 residents.
“Minority business enterprise”, as used in this chapter shall be defined as it is in section 58 of chapter 7 of the General Laws, as so appearing.
“Women business enterprise” as used in this chapter shall be defined as it is in section 58 of chapter 7 of the General Laws, as so appearing.
SECTION 2. Section 14C of said chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after subsection (h) the following subsections:-
(i) Within 150 calendar days of the effective date of this section, any entity awarded a contract under the provisions of chapter 7, shall provide written verification with every invoice submitted to the awarding authority detailing the portion of the payment that will be allocated to minority business enterprises and women business enterprises, and reporting the racial, ethnic and gender make-up of the awardees’ workforce in Massachusetts. The awardee shall take necessary steps to prevent the disclosure of individually-identifying information about employees on this report.
(j) The executive office of administration and finance shall, within 90 calendar days of the effective date of this section, promulgate a template reporting form, for optional use by the awarding authority, to assist contractors in meeting the requirements of this section.
(k) The awarding authority shall submit the report to the Massachusetts Management and Reporting System (MMARS) within 30 calendar days of receiving it. The comptroller of the commonwealth shall, within 120 days of the effective date of this section, develop appropriate fields within the MMARS for receiving this data.
SECTION 3. Section 22O of chapter 7 of the General Laws, as so appearing, is hereby amended by adding the following sentence:-
The commonwealth shall seek to achieve minority business enterprise and women business enterprise contracting goals within state procurement that reflect the diverse racial, ethnic and gender makeup of the commonwealth’s population.
SECTION 4. Section 1 of chapter 149 of the General Laws, as so appearing, is hereby amended by adding the following definitions:-
“Low income community”, a municipality where the median household income is 65 per cent or less than the statewide household median income. In the case of a municipality with 50,000 residents or more, low income community shall mean a geographically contiguous, historically recognized neighborhood of 10,000-50,000 residents.
“Minority business enterprise”, as used in this chapter shall be defined as it is in section 58 of chapter 7 of the General Laws, as so appearing.
“Women business enterprise” as used in this chapter shall be defined as it is in section 58 of chapter 7 of the General Laws, as so appearing.
SECTION 5. Section 44A of chapter 149 of the General Laws, as so appearing, is hereby amended by inserting after the word “chapter;” in line 17 the following sentence:- provided, however, that in deliberating upon the responsibility of a bidder, a contracting public agency shall consider a bidder’s compliance with commitments made in previous bids or contract documents with the commonwealth, if any, including, but not limited to, the failure of a bidder, contractor, or proposed subcontractor to comply with the commitments regarding the employment of minority business enterprises and women business enterprises and regarding workforce inclusion goals.
SECTION 6. Section 44A½ of said chapter 149, as so appearing, is hereby amended by adding the following paragraphs:-
(d) It shall be the goal of the commonwealth to achieve minority business enterprise and women business enterprise contracting goals and workforce participation goals on the totality of state-funded design and construction contracts that are reflective of the diverse racial, ethnic, and gender make-up of the commonwealth’s population.
(e) It shall be the goal of the commonwealth that job creation on state-funded construction contracts be targeted to members of the community in which a project is physically located and that the workforce on that project reflect the demographic diversity of the host community, when construction projects are located in low income communities.
SECTION 7. Paragraph (1) of subsection (e) of section 44D½ of chapter 149, as so appearing, is hereby amended by adding the following sentence:-
(viii) Joint Ventures, documentation demonstrating that the firm has formed an association of not less than 2 businesses in which 1 of the businesses is a minority business enterprise or a women business enterprise.
SECTION 8. Paragraph (3) of subsection (e) of section 44D½ of chapter 149, as so appearing, is hereby amended by adding the following sentence:-
(iii) Evidence of the bidder, contractor, or proposed contractor’s ability to advance the commonwealth’s contracting and workforce inclusion goals as stated in section 44A½ of chapter 149.
SECTION 9. Said chapter 149, as so appearing, is hereby amended by adding the following section:-
Section 44N. Data collection and disclosure
Within 150 calendar days of the effective date of this section, any entity awarded a contract for construction by a state agency shall provide written verification with every progress payment request (PPR) submitted to the awarding authority detailing the portion of the payment that will be allocated to minority business enterprises and women business enterprises respectively, as defined in section 58 of chapter 7, and detailing the total number of hours worked by all employees on that contract during the period covered by the PPR; and including a breakdown of hours worked by workers’ ZIP codes of residence, as well as a breakdown of the number of hours worked by women and workers of color, respectively. The reporting entity shall take necessary steps to prevent the disclosure of individually-identifying information about employees on this report.
The executive office of administration and finance shall, within 90 calendar days of the effective date of this section, promulgate a template reporting form, for optional use by the awarding authority, to assist contractors in meeting the requirements of this section.
The awarding authority shall submit the report to the Massachusetts Management and Reporting System (MMARS) within 30 calendar days of receiving it. The comptroller of the commonwealth shall, within 120 days of the effective date of this section, develop appropriate fields within the MMARS for receiving this data.
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An Act to promote gender and racial diversity on public boards and commissions
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S2029
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SD1060
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T20:01:58.397'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T20:01:58.3966667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T13:08:29.7766667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-05-15T16:53:23.2633333'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 2029) of Liz Miranda and Sal N. DiDomenico for legislation to promote gender and racial diversity on public boards and commissions. State Administration and Regulatory Oversight.
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SECTION 1. Definitions
“Diverse”, an individual who self-identifies in one or more of the following categories: Female, Underrepresented Minority, or LGBTQ+.
“Female”, an individual who self-identifies her gender as female, without regard to the individual’s designated sex at birth.
“Underrepresented Minority”, an individual who self-identifies as one or more of the following: Black or African American, Hispanic or Latinx, Asian, Native American, Alaska Native, Native Hawaiian, Pacific Islander, or two or more races or ethnicities, or such other similar non-white categories as reported in the Census Data.
“LGBTQ+”, an individual who self-identifies as any of the following: lesbian, gay, bisexual, transgender, or as a member of the queer community.
“Census Data”, the Decennial U.S. Census, performed by the U.S. Census Bureau every ten years as mandated by Article I, Section 2 of the U.S. Constitution.
SECTION 2. (a) Every appointive board or commission of the state established by the Code, if not otherwise provided by law, shall endeavor to have, or explain why it does not have, (1) at least fifty percent members who self-identify as Female, and (2) at least thirty-percent members who self-identify as an Underrepresented Minority or as LGBTQ+. For purposes of this section, these percentages are met where the appointment of one additional Diverse member would cause the board or commission to have a Diverse composition greater than the percentages required herein.
(b) Not later than 120 days after the release of new Census Data, the governor’s office shall amend the percentages in Section 1(a) where necessary to meet the following criteria:
(1) The percentage in Section 1(a)(1) shall reflect the female population in Massachusetts, as reported by the Census Data.
(2) The percentage in Section 1(a)(2) shall reflect the percentage population in Massachusetts of Underrepresented Minorities, as reported in the Census Data, plus the percentage population of LGBTQ+, as reported by the Census Data.
SECTION 3. Each person responsible for appointing members to a board or commission shall endeavor to ensure that, to the fullest extent possible, the composition of the board or commission reflects the diversity goals set forth in Section 1. Appointing authorities shall make a focused effort to appoint Diverse members to all boards and commissions, including but not limited to, developing and implementing a plan to attract and recruit Diverse members; and working with community-based and professional organizations with large networks of Diverse individuals.
SECTION 4. (a) To track and measure progress, each public board and commission shall identify and report to the governor’s office at least once per fiscal year:
(1) the total number of current members;
(2) the total number of current members who self-identify as Female;
(3) the total number of current members who self-identify as an Underrepresented Minority or LGBTQ+; and
(4) the total number of current members who self-identify as Female and as an Underrepresented Minority or LGBTQ+.
(b) In addition, each appointing authority shall make reasonable efforts to identify and report to the governor’s office at least once per fiscal year:
(1) the total number of persons who applied or were nominated for appointment to each public board or commission during the time period covered by the report;
(2) the total number of Females who applied or were nominated for appointment to each public board or commission during the time period covered by the report;
(3) the total number of Underrepresented Minorities and LGBTQ+ individuals who applied or were nominated for appointment to each public board or commission during the time period covered by the report; and
(4) the total number of Females who are also Underrepresented Minorities and LGBTQ+ who applied or were nominated for appointment to each public board or commission during the time period covered by the report.
(c) The governor’s office shall publish at least once per fiscal year a report that separately identifies for each public board and commission the data collected and reported by such board and appointing authority pursuant to paragraphs (a) and (b) in this Section. If any board or commission does not meet the diversity goals outlined in Section 1, the appointing authority shall include an explanation for why the goals were not met and describe the efforts, if any, by the appointing authority to increase the number of Diverse members on the board or commission.
(d) Any demographic data disclosed or released pursuant to this section shall disclose only aggregated statistical data and shall not identify an individual applicant, nominee or appointed board member or commissioner.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}]
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An Act relative to the automatic renewal of professional licenses
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S203
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SD1065
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:07:40.047'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:07:40.0466667'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 203) of Patrick M. O'Connor for legislation relative to the automatic renewal of professional licenses. Consumer Protection and Professional Licensure.
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SECTION 1. Notwithstanding any license renewal application set forth in Chapter 112 of the general laws, the division of professional licensure shall develop and implement an automatic license renewal system for the professional licenses set forth in this chapter. The automatic license renewal system shall be designed to notify licensed professionals of an upcoming license expiration date and offer the ability to automatically renew the license online, wherever possible.
SECTION 2. This Act shall take effect immediately upon its passage.
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An Act designating September as PCOS awareness month
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S2030
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SD1712
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T19:44:40.97'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T19:44:40.97'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-08T13:42:14.0666667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-08T13:42:14.0666667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T14:23:40.6933333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-29T11:37:12.1666667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-04-27T11:41:22.17'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T09:51:19.44'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 2030) of Liz Miranda, Jason M. Lewis, Lydia Edwards and Paul R. Feeney for legislation to designate September as PCOS awareness month. State Administration and Regulatory Oversight.
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Chapter 6 of the General Laws is hereby amended by inserting after section 15LLLLLL the following section:-
Section 15MMMMMM. The governor shall annually issue a proclamation setting apart the month of September as Polycystic Ovary Syndrome Awareness Month to increase citizens' awareness of the most common endocrine (hormone) disorder in women, in order to lead to better education and thus earlier diagnoses, intervention and care. The proclamation shall recommend that the month of September be observed in an appropriate manner by the people.
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Resolve providing for the creation of a commemorative memorial portrait in the Massachusetts State House in honor of State Representative Doris Bunte
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S2031
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SD2002
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T18:27:50.933'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T18:27:50.9333333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-20T11:42:32.4433333'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-20T11:42:32.4433333'}, {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-20T11:42:32.4433333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-08T13:42:54.3633333'}]
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Resolve
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By Ms. Miranda, a petition (accompanied by resolve, Senate, No. 2031) of Liz Miranda, Lydia Edwards, Brandy Fluker Oakley, Chynah Tyler and others that provisions be made to establish a commemorative memorial portrait in the Massachusetts State House in honor of State Representative Doris Bunte. State Administration and Regulatory Oversight.
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Resolved, that the superintendent of the bureau of the state house shall, subject to the approval of the art commission as to size and content, install and maintain a portrait in a suitable space in the Massachusetts State House. In determining the location of such portrait, said commission shall consult with the house committee on rules, the Massachusetts Black and Latino Legislative Caucus, and shall cause said memorial to be officially installed in the Massachusetts State House.
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An Act to improve transportation oversight
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S2032
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SD2327
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:48:53.383'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T15:48:53.3833333'}, {'Id': 'AUD7', 'Name': 'Diana Dizoglio', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AUD7', 'ResponseDate': '2023-02-15T16:31:21.6833333'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 2032) of Liz Miranda and Diana Dizoglio for legislation to improve transportation oversight. State Administration and Regulatory Oversight.
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SECTION 1. Section 6 of chapter 11 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “five” and inserting in place thereof the following word:- “six”.
SECTION 2. Said section 6 of said chapter 11 is hereby amended by striking out the words “and the division of local mandates” and inserting in place thereof the following words:- “, the division of local mandates and the division of transportation reviews”.
SECTION 3. Chapter 161A of the General Laws, as so appearing, is hereby amended by striking out Section 23 thereof in its entirety and inserting in place thereof the following section:-
Section 23: Audit; report
Section 23. The state auditor shall make an audit of the authority, once every 2 years and as often as the state auditor determines is necessary, and make a report thereon to the directors, the governor and the general court. In making such audits, said auditor may call upon any of the departments, commissions, officers and agencies of the commonwealth for such information as may be needed in the course of making such audits. The state auditor may employ such auditors, accountants and other assistants as said auditor deems necessary for carrying out said duties, and chapter 31 and the rules made thereunder shall not apply to such employees. The commonwealth shall be reimbursed by the authority for the cost of the audit.
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An Act to sell naming rights to the Boston Convention and Exhibition Center and other properties operated by the MCCA
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S2033
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SD2185
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-09T11:24:53.273'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-09T11:24:53.2733333'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 2033) of Mark C. Montigny for legislation to sell naming rights to the Boston Convention and Exhibition Center and other properties operated by the MCCA. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 195 of the acts of 2014 is hereby amended by inserting after section 3 the following section:
“SECTION 3A. (a) Notwithstanding any general or special law to the contrary, the Authority shall issue a request for proposals to sell, license, or rent naming or sponsorship rights including but not limited to whole building naming rights for all buildings, facilities, parking garages, function rooms and public areas or other assets owned by the Authority. The Authority shall preserve the name John B. Hynes Veterans Memorial Convention Center at its already named facility. Nothing in this section shall prohibit the selling, licensing, or rental of other sponsorship rights at the John B. Hynes Veterans Memorial Convention Center. Nothing in this section shall require the Authority to issue a request for proposals for any buildings, facilities, parking garages, function rooms, public areas, or other assets already under a licensing, rental, or sponsorship agreement.
(b) The executive director shall direct all revenues generated by the Authority under this section to be split evenly between the Massachusetts Office of Travel and Tourism to promote statewide tourism and the Massachusetts Cultural Council to promote cultural programming.
(c) The Authority shall issue the request for proposals pursuant to this section within 180 days after enactment of this act. All requests for proposals issued pursuant to this section shall be held open for a minimum of 120 days.”.
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An Act relative to the definition of fraud in public construction bid laws
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S2034
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SD1525
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T14:56:48.993'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T14:56:48.9933333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-30T12:54:19.1066667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-30T12:54:19.1066667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-30T12:54:55.85'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-30T16:54:44.17'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-30T16:54:44.17'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-30T16:54:44.17'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-30T16:54:44.17'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T16:54:44.17'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-01-30T16:54:44.17'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T10:18:48.57'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T10:18:48.57'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-01T15:42:41.3133333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-01T15:42:41.3133333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T15:42:41.3133333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T11:57:05.64'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-02-08T11:57:05.64'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-08T11:57:05.64'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T11:57:05.64'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T11:57:05.64'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-02-13T16:21:14.04'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-13T16:21:14.04'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-13T16:21:14.04'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-13T16:21:14.04'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-15T12:57:27.5166667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-22T11:36:40.59'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-22T11:36:40.59'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-22T11:36:40.59'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-27T10:31:31.0166667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-02T15:25:58.49'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-08T11:28:49.36'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-09T16:08:30.5933333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-12T13:41:50.42'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-05-01T14:06:29.3733333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-08-17T10:07:05.6'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 2034) of Michael O. Moore, Rodney M. Elliott, James C. Arena-DeRosa, Adam Scanlon and other members of the General Court for legislation to define fraud in public construction bid laws. State Administration and Regulatory Oversight.
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SECTION 1. Subsection (a) of section 39M of chapter 30 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person” and inserting in place thereof the following words:-
The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion with any person and contains no intentional misrepresentations, omissions or false statements. As used in this paragraph the word “person” shall mean any natural person, joint venture, partnership, corporation or any other business or legal entity.
SECTION 2. Section 44A of chapter 149 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Eligible” the following definition:-
“Fraud”, a statement, act or omission relating to a material fact that (i) has the natural tendency to be relied upon by or to influence the average person, (ii) is knowingly false or misleading or is in reckless disregard of its truth or falsity and (iii) is intended to mislead, regardless of whether the statement, act or omission is actually relied upon
SECTION 3. Said section 44A of said chapter 149, as so appearing, is hereby further amended by striking out the definition of “responsible" and inserting in place thereof the following definition:-
“Responsible” means demonstrably possessing the skill, ability and integrity necessary to faithfully perform the work called for by a particular contract, based upon a determination of competent workmanship and financial soundness in accordance with the provisions of section forty-four D of this chapter and shall certify that his bid contains now misrepresentations, omissions, or false statements.
SECTION 4. Section 2 of chapter 149A of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Designer” the following definition:-
“Fraud”, a statement, act or omission relating to a material fact that (i) has the natural tendency to be relied upon by or to influence the average person, (ii) is knowingly false or misleading or is in reckless disregard of its truth or falsity and (iii) is intended to mislead, regardless of whether the statement, act or omission is actually relied upon.
SECTION 5. Subsection (f) of section 8 of said chapter 149A, as so appearing, is hereby amended by striking the fourth sentence and replacing it with the following sentence:-
The decision of the prequalification committee shall be final and not subject to appeal except on the grounds that a submission contains intentional, material misrepresentations, omissions, or false statements, or of collusion.
SECTION 6. Section 19 of said chapter 149A, as so appearing, is hereby amended by striking out paragraph (6) and inserting in place thereof the following:-
(6) The RFP shall require that every response shall be accompanied by a bid deposit in the form of a bid bond, or cash, or a certified check on, or a treasurer’s or cashier’s check issued by a responsible bank or trust company, payable to the awarding authority. The amount of such bid deposit shall be 5 per cent of the value of the bid. Any person submitting a bid under this section shall, on such a bid, certify as follows:
The undersigned certifies under penalty of perjury that this bid is in all respects bona fide, fair, made without collusion with any other person and contains no intentional material misrepresentations, omissions or false statements. As used in this paragraph the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.
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An Act to promote safety, efficiency and accountability in transportation projects through public inspections
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S2035
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SD1527
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T14:55:02.913'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-19T14:55:02.9133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2035/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 2035) of Michael O. Moore for legislation to promote safety in transportation projects through public inspections. State Administration and Regulatory Oversight.
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Chapter 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 78. Public Inspections
(a) For purposes of this section, the following words shall have the following definitions:
“inspection functions” shall mean construction inspections, bridge inspections, contract administration, quality control inspection, material testing, and resident engineer functions;
“public employee” shall mean an employee of a federal, state or local government.
(b) Notwithstanding any general or special law to the contrary, public employees shall carry out the inspection functions for all surface transportation projects receiving State or Federal funding.
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[]
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[]
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[]
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An Act establishing the annual observance of September 11th Remembrance Day
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S2036
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SD326
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:57:01.367'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:57:01.3666667'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-26T14:51:31.4933333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-14T11:40:15.63'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-09-27T12:11:07.2566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2036/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2036) of Patrick M. O'Connor, Bruce J. Ayers and John F. Keenan for legislation to establish the annual observance of September 11th Remembrance Day. State Administration and Regulatory Oversight.
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Chapter 6 of the general laws are hereby amended by adding the following section:-
15CCCCCC. The governor shall annually issue a proclamation setting apart the eleventh day of September as the September 11th Day of Remembrance in recognition of the loss of life and service of first responders at the World Trade Center in New York City, New York on September 11, 2001, and recommending that said day be observed in an appropriate manner by the people.
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[]
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[]
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An Act establishing a special commission to investigate and study the feasibility of establishing a municipal building financing authority
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S2037
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SD467
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T15:12:40.963'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T15:12:40.9633333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-22T09:27:44.6966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2037/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2037) of Patrick M. O'Connor for legislation to establish a special commission to investigate and study the feasibility of establishing a municipal building financing authority. State Administration and Regulatory Oversight.
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SECTION 1. There is hereby established a special commission to investigate and study the feasibility of establishing a municipal building finance authority.
SECTION 2. The commission shall: (1) consider recommendations from state and federal reports, relative to the establishment of a municipal building finance authority; (2) identify and consider state and private funding sources with consideration for providing grants and loans to cities and towns for the planning, design, and construction of municipal buildings; (3) assess innovative financing approaches for assisting municipalities in the planning and construction of municipal buildings including, but not limited to, councils-on-aging facilities, public safety facilities, town halls, and other municipal buildings or facilities; and (4) determine specific powers of a municipal building finance authority including but not limited to (a) establishing grant programs, (b) providing architectural or other technical advice and assistance to municipalities, general contractors, subcontractors, construction or project managers, designers and others in the planning, maintenance and establishment of municipal facilities; (c) perform or commission a needs survey to ascertain the capital construction, reconstruction, maintenance and other capital needs for municipal facilities in the commonwealth, and (d) recommend to the general court legislation as necessary to further the purposes of establishing a municipal building finance authority.
SECTION 2. The municipal building finance commission shall be comprised of the following 13 members: 2 members of the senate appointed by the senate president; 2 members of the house of representatives appointed by the speaker of the house; 1 member of the senate and 1 member of the house of representatives appointed by the minority leader of each; the state treasurer or a designee, the secretary of administration and finance or a designee, the secretary of public safety and security or a designee, the secretary of elder affairs or a designee; the secretary of housing and economic development or a designee; the executive director of the school building authority or a designee and a representative of the Massachusetts Municipal Association.
The members of the commission shall be appointed not later than 90 days after the effective date of this act and shall serve until the completion of the report.
SECTION 3. The commission shall report to the general court the results of its study together with recommendations and drafts of legislation by filing the same with the clerks of the senate and the house of representatives on or before December 31, 2024.
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An Act establishing a special commission to study the feasibility of incorporating conductive concrete in future public works projects
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S2038
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SD469
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:04:28.85'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:04:28.85'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2038/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2038) of Patrick M. O'Connor for legislation to establish a special commission to study the feasibility of incorporating conductive concrete in future public works projects. State Administration and Regulatory Oversight.
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Notwithstanding any special or general law there shall be a special commission to study the feasibility of integrating the use of conductive concrete in all public works developments and projects.
A school of engineering within the state university of Massachusetts, in cooperation with the findings of the University of Nebraska-Lincoln, shall conduct a study to determine the cost, feasibility, effectiveness, and projected cost savings of using conductive concrete in future public works projects to construct roads and sidewalks. For the purposes of this act, conductive concrete shall mean a concrete compound that contains steel shavings and carbon particles to create enough conductivity to melt ice and snow while remaining safe to the touch.
The special commission shall submit its recommendations, together with drafts of any legislation, to the clerks of the House of Representatives and the Senate, and the chairs of the joint committee on economic development and emerging technologies, the joint committee on telecommunications, utilities and energy, and the joint committee on transportation not later than December 1, 2024.
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An Act relative to competition for specification of alternative types of culvert pipes
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S2039
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SD475
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:16:55.63'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:16:55.63'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2039/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2039) of Patrick M. O'Connor for legislation relative to competition for specification of alternative types of culvert pipes. State Administration and Regulatory Oversight.
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Chapter 30 of the General Laws, as so appearing, is hereby amended by inserting the following new section:-
Section 38B. Competition for Specification of Alternative Types of Culvert Pipes.
State and municipal agencies shall have the autonomy to determine culvert and storm sewer material types to be included in the construction of state funded roadways provided that the pipe material selected (i) is designed using the latest revision of the American Association of State Highway and Transportation Officials (AASHTO)’s Load Resistance Factor Design Specifications, or any future design methodology accepted as the prevailing AASHTO specification, using a product performance life of not less than 75 years, (ii) is constructed to, and inspected for structural integrity, using as a minimum the current AASHTO installation details and post-installation testing requirements prior to final acceptance, (iii) is manufactured from non-combustible and non-toxic materials and is not susceptible to hydrostatic flotation forces when located within Evacuation Route Right-of-Ways, and (iv) maintains hydraulic design capacity for the project design life.
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An Act relative to the issuance of a class 1 dealer license
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S204
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SD1444
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T16:19:08.387'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T16:19:08.3866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S204/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 204) of Patrick M. O'Connor for legislation relative to the issuance of a class 1 dealer license. Consumer Protection and Professional Licensure.
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Section 59 of chapter 140 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended, at the end thereof, by inserting the following new paragraph:
A person, within ten days of such action, may appeal to the registrar the action of a licensing board or officer to approve and grant a class 1 license to a party pursuant to section 58 and this section. For the purposes of this section, a class 1 licensee, licensed under subsection (b) of Section 58, shall be deemed to have standing to challenge, administratively and judicially, the issuance of a class 1 license to another person by a licensing board or officer under this chapter if said class 1 licensee, asserting a challenge, alleges that said licensing board or officer has approved a class 1 license to a party that has not satisfied the requirements of said subsection (b) of section 58. The registrar shall adopt rules and regulations providing for a process in which a person, including, but not limited to, a class 1 licensee, licensed under subsection (b) of section 58, may challenge the decision of a licensing board or officer pursuant to this section. The registrar shall render a decision either to affirm or revoke the license in dispute within thirty days of receipt of the challenge. A person who is aggrieved by the decision of the registrar to re-affirm or revoke the approval of the class 1 license so challenged pursuant to the process herein may, within ten days after such action by the registrar, appeal therefrom to any justice of the superior court in the county in which the premises sought to be occupied under the license or permit applied for are located. The justice shall, after such notice to the parties as he deems reasonable, give a summary hearing on such appeal, and shall have jurisdiction in equity to review all questions of fact or law and may affirm or reverse the decision of the board or officer and may make any appropriate decree.
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An Act relative to transparency in selecting a public construction alternative delivery method
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S2040
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SD1061
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:04:57.843'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T20:04:57.8433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2040/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2040) of Patrick M. O'Connor for legislation relative to transparency in selecting a public construction alternative delivery method. State Administration and Regulatory Oversight.
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Section 1 of Chapter 149A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, after the word “inclusive.” in line 6, the following:-
Prior to the election of a public construction alternative delivery method, the inspector general shall give official notice to a public agency informing them of the multiple delivery methods available as options, including, but not limited to, design-bid-build, design-build, and construction manager at-risk delivery methods; provided that the official notice also inform the public agency of the comparative costs associated with each alternative delivery method.
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An Act relative to Commonwealth building projects
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S2041
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SD812
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T22:50:09.013'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T22:50:09.0133333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T09:22:55.8133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2041/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2041) of Jacob R. Oliveira and Michael O. Moore for legislation to further regulate public building projects. State Administration and Regulatory Oversight.
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SECTION 1. Section 5 of chapter 7C of the General Laws is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Section 5. The commissioner shall, in a manner and to the extent provided by this chapter, control and supervise any building project to be undertaken by a state agency or building authority when the estimated cost of the project exceeds $1,000,000 and involves structural or mechanical work. The commissioner may, upon request of a state agency or building authority, delegate project control and supervision to that state agency or building authority over projects involving structural or mechanical work whose estimated cost is less than $10,000,000 if the commissioner determines that the agency or authority has the ability to control and supervise such project. Except as otherwise provided in this section, any state agency or building authority shall control and supervise its own building projects when the estimated cost of such project is less than $1,000,000, or if the project does not involve structural or mechanical work. As used in this section, ''estimated cost'' shall mean the estimated construction cost stated in a study or program prepared in accordance with section 59.
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An Act relative to educational collaboratives
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S2042
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SD1032
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-18T18:45:26.82'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-18T18:45:26.82'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-18T18:45:26.85'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T10:41:14.0566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2042/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2042) of Jacob R. Oliveira, Christopher M. Markey and Adam Scanlon for legislation relative to educational collaboratives. State Administration and Regulatory Oversight.
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SECTION 1. Section 20 of Chapter 268A, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following:
This section shall not prohibit an employee of a regional public educational agency such as an educational collaborative as authorized under Section 4E of Chapter 40 of the General Laws, or an educational collaborative’ member school districts, from having a direct or indirect financial interest in a contract or agreement made by the educational collaborative to provide educational and related services to such collaborative, or the member school districts of the same, provided that the employee provides a written disclosure of these contracts to both agencies with whom the employee is contracting.
The proposed arrangement must be approved by the employee's appointing authority before the employee provides educational services.
For purposes of this section, educational services shall mean any service related to the education of students, youth, and families or to the professional development and training of educators, administrators, and paraprofessionals, and community-based personnel working on behalf of public education that is provided by a public agency of a single or multiple municipalities.
This section shall not prohibit:
(a) a municipal employee of an educational collaborative established pursuant to Section 4E of Chapter 40 of the General Laws, from having a direct or indirect financial interest
(i) in a contract or agreement made by the educational collaborative to provide educational, professional development, and/or related services to such educational collaborative, provided that the employee files with the educational collaborative a written disclosure of the contract or agreement and the head of the educational collaborative approves, or
(ii) in a contract or agreement made by a member school district of an educational collaborative to provide educational, professional development, and/or related services to the member school district, provided that the employee files with the educational collaborative and the member school district a written disclosure of the contract or agreement and the head of the educational collaborative and the appointing authority at the member school district approve; or
(b) a municipal employee of a member school district of an educational collaborative from having a direct or indirect financial interest in a contract or agreement made by the educational collaborative to provide educational, professional development, and/or related services to the educational collaborative, provided that the employee files with the member school district and the educational collaborative a written disclosure of the contract or agreement and the appointing authority of the member school district and the head of the educational collaborative approve; and provided further that, for each such contract or agreement referenced above, there has been public notice of the contract or agreement, or the contract or agreement was created by means of an open competitive process.
For purposes of this section, related services shall be those services defined by 603 CMRsect.28.02(18).
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An Act to modernize municipal meetings, town meetings, and local elections
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S2043
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SD1059
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T15:18:53.223'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T15:18:53.2233333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-03-27T09:09:57.5966667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-10T08:53:24.37'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2043/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2043) of Jacob R. Oliveira for legislation to modernize municipal meetings, town meetings, and local elections. State Administration and Regulatory Oversight.
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SECTION 1. For the purposes of this Act, the term “Select Board” shall have the same meaning as “Board of Selectmen” as that term is used in any general or special law or municipal charter.
SECTION 2. Chapter 30A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out paragraphs (d) and (e) of section 20 and renumbering the remaining paragraphs accordingly.
SECTION 3. Chapter 30A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 20 the following section:-
SECTION 20A
(a) A public body may elect to allow remote participation by any member for any meeting of the public body. For the purposes of this section, the term remote participation means participation by a member of a public body by means other than physical presence, which may include, without limitation, participation by telephone, audio or video conferencing or any other technology that enables each member of the public body to be audible to all other members of the public body and the public.
(b) Members remotely participating in a meeting may vote, and shall be considered present and in attendance for all purposes, including for purposes of determining a quorum and for the purposes of section 23D of chapter 39.
(c) If a public body allows remote participation by its members for a meeting under subsection (a), it may also allow remote participation by members of the public and any party entitled or required to appear before it in accordance with the following requirements:
(i) A public body that elects to conduct its proceedings completely or partially through remote means in accordance with this section shall ensure public access to the deliberations of the public body for interested members of the public through adequate, alternative means. A public body shall offer its selected adequate, alternative means of public access to its proceedings without subscription, toll, or similar charge to the public.
(ii) Documents intended to be used for any such meeting shall be made available to members of the public body before or during the course of the meeting of the public body subject to any limitations as may be imposed by law.
(iii) If the opportunity for participation at a meeting of a public body by an individual or the public is a specific requirement of a particular general or special law or state regulation, charter, local ordinance or bylaw, any alternative means of public access shall provide for the required opportunity to participate; provided further however that this section shall not impose on any public body a general requirement to allow the public to speak, absent an applicable special law or charter, or to participate in the debate of the public body. A public body shall offer its selected alternative means of public access to virtual meetings without subscription, toll, or similar charge to the public.
(iv) If a member is participating remotely, all votes taken shall be recorded roll call votes.
(v) A municipal public body that for reasons of economic hardship is unable to provide adequate, alternative means of public access that will enable the public to follow the proceedings of the municipal public body may instead post on its municipal website a full and complete transcript, recording or other comprehensive record of the proceedings as soon as practicable upon conclusion of the proceedings.
(d) Notwithstanding any other provision of this section, the chief executive officer of a municipality may develop and adopt standards and guidelines regarding remote participation of public bodies of that municipality; provided however that a local commission on disability may adopt its own standards and guidelines for remote participation applicable to meetings of such local commission on disability only.
(e) State, county, and regional public bodies, and public bodies that are not otherwise a department or subdivision of a city or town, may adopt their own standards and guidelines for remote participation applicable to meetings of such public body.
SECTION 4. Within ninety (90) days of the effective date of this act, the attorney general shall develop best practices for remote participation of public bodies in furtherance of the foregoing Section 3 of this act provided, however, that such proposed best practices guidelines shall not take effect until a public hearing, for which at least 2 weeks notice is provided and such proposed guidelines are made available to the public, is held 2 weeks has passed since that public hearing.
SECTION 5. Chapter 39 of the general laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 10A the following two sections:
SECTION 10B.
(a) Notwithstanding any general or special law, charter provision or bylaw to the contrary, a select board may vote, prior to the date nomination papers must be submitted to the town clerk under the provisions of section 7 of chapter 53 of the general laws, to delay the date of an annual election to a date no earlier than 64 days from the vote to postpone and no later than June 30 of that fiscal year.
(b) Notwithstanding any general or special law, charter provision or bylaw to the contrary, a select board may, during any weather-related, public safety or public health emergency declared by the chief executive officer of the town or the governor, and for the 5 days after such emergency has terminated, postpone a properly posted caucus or election to an initial date certain. If the nature of the emergency precludes identification of an initial date certain or renders the initial date inconvenient or impossible, the select board shall meet expeditiously, in accordance with chapter 30A of the general laws, and after consultation with the town clerk, to vote on a date certain.
(c) (i) If an election is postponed hereunder, all of the deadlines applicable to and all of materials prepared for and submitted in connection with the original election shall be used at such postponed election; provided, however, that if an election is postponed for less than 7 days, early voting by mail and absentee ballots properly received prior to the close of polls on the date of the postponed election shall be treated as if they were timely received. If a scheduled election is postponed for more than 7 days from the original date, any such election shall be held no earlier than 15 days from the date of the postponement to accommodate additional voter registration, early voting by mail and absentee voting by the otherwise applicable statutory deadlines.
(ii) Except as set forth herein, all provisions of election law applicable to the original election shall apply to such postponed election in the same manner.
(iii) Notwithstanding any provision of chapter 30A or other state or local law to the contrary, a meeting to vote on a postponement may be held by remote participation of some or all of the members, and such public body shall endeavor, to the maximum event possible, to comply with all other provisions of sections 18 to 25 of chapter 30A. If the public body is not able to comply with the provisions of said chapter 30A, it shall hold a properly posted meeting within one week following at which an item substantially similar to the following shall appear on the agenda: “Review action taken at (date) (time) meeting of (name of board) and adopt minutes from such meeting to be included with the minutes of this meeting”.
(d) Notice of postponement shall be prepared by the town clerk and printed in a legible, easily understandable format with the date, time and place of the rescheduled caucus or election, the reason for the postponement, and the date and time of the select board vote for postponement. To the extent practicable, notice shall be posted in the manner in which that municipality provides notice of meetings pursuant to chapter 30A, whether on the municipal website or in a manner conspicuously visible to the public at all hours in or on the municipal building in which the clerk’s office is located. The town clerk shall forthwith send a copy of the notice to the offices of the attorney general and secretary of the commonwealth, and may use any other form of communication to notify the voters of the postponement, including but not limited to electronic, broadcast or print media.
SECTION 10C.
(a) In a town having a representative or open town meeting form of government, the town moderator may, in consultation with the select board and local public safety or public health officials, call for any town meeting to be held through remote participation or a hybrid of in-person and remote participation, including, but not limited to, by means of a video or telephone conferencing platform. If a town does not have a moderator, the select board may call for any town meeting to be held through remote participation or a hybrid of in-person and remote participation in accordance with this paragraph.
(b) A notice of decision to hold town meeting through remote participation or a hybrid of in-person and remote participation shall be prepared by the moderator and printed in a legible, easily understandable format and shall contain: (i) the moderator’s determination and request to hold a town meeting through remote participation or a hybrid of in-person and remote participation in accordance with this section; (ii) the video or telephone conferencing platform the moderator has determined to use to hold the town meeting; (iii) confirmation that the moderator has consulted with the local disability commission or coordinator for federal Americans with Disabilities Act compliance; (iv) confirmation that the moderator has consulted with the select board; and (v) a certification by the moderator that: (A) the moderator has tested the video or telephone conferencing platform; and (B) the platform satisfactorily enables the remote portion of the town meeting to be conducted in substantially the same manner as if the meeting occurred in person at a physical location and in accordance with the operational and functional requirements set forth in this section.
(c) A video or telephone conference platform used by a town meeting for remote participation under this section shall, at minimum:
(i) strictly limit voting at an open, remote, or hybrid town meeting to only those confirmed by the town clerk to be eligible to vote at that meeting, Each person deemed eligible to vote shall be provided with appropriate physical or technological participation credentials designed to allow remote participation of all eligible voters while also establishing regularity in administration, minimizing inaccurate results and creating and maintaining a virtual and physical environment free from fraud;
(ii) enable the moderator, voters, representative town meeting members, town officials and any other interested members of the public to identify and hear the moderator and each voter or other speaker recognized by the moderator, whether remotely or in person;
(iii) if applicable, determine whether a quorum is present;
(iv) a voter, town meeting member, town official or other individual authorized to participate in the meeting to request recognition by the moderator without prior authorization, consistent with any town meeting rules established by bylaw, charter or special act. To the extent technologically feasible, the request shall be visible or audible to the town meeting and the public in real time and upon review of the recording of the town meeting proceedings, preserved according to subsection (h);
(v) the moderator to determine when a remote or in person voter wishes to be recognized to speak, make a motion, raise a point of order or object to a request for unanimous consent;
(vi) the moderator to recognize a remote or in person voter, town official or other individual to speak and to enable that person to speak;
(vii) in the case of a representative town meeting, the ability to conduct a roll call vote;
(viii) any interested members of the public to access the meeting remotely for purposes of witnessing the deliberations and actions taken at the town meeting, subject to the provisions of any municipal charter; and
(ix) the town meeting to be recorded.
(d) (i) Registered voters, other than representatives elected or appointed in accordance with applicable state or local law, seeking to participate remotely in a representative town meeting shall, not less than 48 hours in advance, submit to the town moderator a request to participate in the meeting. Upon receipt of the request and verification of the requester’s voter registration status, the designated official shall provide appropriate physical or technological participation credentials; nothing herein shall be construed to require greater participation by voters or non-town meeting members than required by any applicable general or special law or municipal charter.
(ii) Eligible registered voters seeking to participate remotely in an open town meeting shall be provided with instructions, no later than 48 hours in advance, as to how to access appropriate physical or technological participation credentials; provided, however that the inability to comply with this subparagraph shall require that the meeting be delayed until a quorum is reached or 30 minutes has passed, whichever occurs sooner.
(e) Prior to taking up any business at a remote or hybrid town meeting, and following the determination of a quorum, if applicable, the meeting shall vote on whether to commence the business of the meeting using remote or hybrid access. If the town meeting votes to continue, then the town meeting shall proceed to hold a remote or hybrid meeting to address the articles in the warrant. If the town meeting votes not to conduct the town meeting by remote or hybrid means, then the town meeting shall be adjourned, without further action, to the date, time and place specified in the notice or warrant or to such other time, date and place as may be approved by town meeting.
(f) Votes taken by a roll call vote at a remote or hybrid representative town meeting shall be recorded and kept with the minutes of the town meeting.
(g) A remote or hybrid town meeting shall be recorded and the recording shall be preserved and made publicly available on the town’s website for at least 90 days after the dissolution of said town meeting and until the official minutes of the meeting have been prepared by the town clerk.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to modernize various procedural aspects of municipal governance, and, in particular, to protect municipal hearings and meetings, town meetings and local elections as cities and towns in the commonwealth transition from the end of national and global public health emergencies to normal operations, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health and convenience.
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An Act relative to fairness in public contracting
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S2044
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SD1556
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T17:37:40.467'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T17:37:40.4666667'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T17:37:40.5133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2044/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2044) of Jacob R. Oliveira and Meghan Kilcoyne for legislation relative to fairness in public contracting. State Administration and Regulatory Oversight.
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Notwithstanding any general or special law to the contrary, the division of highways, as established by Section 37 of Chapter 6C of the General Laws, is hereby directed to amend its standard specifications, supplemental specifications, special provisions, and contract documents to provide for a minimum of 15 percent for overhead for work deemed to be additional work or extra work.
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An Act relative to the submission of design build proposals
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S2045
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SD1796
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T22:06:12.67'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T22:06:12.67'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T22:06:12.7'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2045/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2045) of Jacob R. Oliveira and Meghan Kilcoyne for legislation relative to the submission of design build proposals. State Administration and Regulatory Oversight.
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Subsection (b) of section 20 of chapter 149A of the General Laws is hereby amended by striking the last sentence and inserting in place thereof the following: The awarding authority shall require the sealed price proposal to be submitted no more than five calendar days after submission of the sealed technical proposal.
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An Act relative to public construction certification
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S2046
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SD1798
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T22:10:35.857'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T22:10:35.8566667'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T22:10:35.8866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2046/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2046) of Jacob R. Oliveira and Meghan Kilcoyne for legislation relative to public construction certification. State Administration and Regulatory Oversight.
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Section 1. Subsection (2) of Section 44D of Chapter 149 of the General Laws is hereby amended by striking the words “over the past five years” and replacing it with the following: over the past ten years
Section 2: Subsection (3) of Section 44D of Chapter 149 of the General Laws is hereby amended by inserting after the words “showing the classes of work and aggregate amount of work on which the applicant is eligible to bid” the following:- ;provided, the division shall establish an annual inflationary increase, based upon the Producer Price Index as published by the U.S. Bureau of Labor Statistics, for applicants seeking recertification.
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An Act relative to protecting the taxpayers of the Commonwealth
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S2047
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SD25
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-10T10:53:29.21'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-10T10:53:29.21'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-27T14:49:30.17'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T14:49:30.17'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2047/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2047) of Marc R. Pacheco for legislation to protect the taxpayers of the Commonwealth. State Administration and Regulatory Oversight.
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Notwithstanding any general or special law to the contrary, all design, engineering and inspection services shall be subject to the provisions of M.G.L., Chapter 7, Section 52-55.
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An Act authorizing the transfer of a parcel of land in the city of Taunton
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S2048
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SD708
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-09T16:10:38.017'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-09T16:10:38.0166667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-17T21:13:06.86'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-17T21:13:06.86'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-01-17T21:13:06.86'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2048/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2048) of Marc R. Pacheco, Carol A. Doherty, Patricia A. Haddad and Norman J. Orrall for legislation to authorize the transfer of a certain parcel of land in the city of Taunton. State Administration and Regulatory Oversight.
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SECTION 1. The commissioner of capital asset management and maintenance shall, for consideration of $1, by deed approved as to form by the attorney general, a certain parcel of land currently used as a parking lot on Court Street in the city of Taunton to the city of Taunton for parking purposes.
SECTION 2. The city of Taunton shall be responsible for any costs for appraisals, surveys and other expenses relating to the transfer of the parcel, or for any costs and liabilities and expenses of any nature and kind for the maintenance or operation of the parcel. In the event the parcel of land ceases to be used at any time for the purposes contained herein, the parcel shall revert to the care and control of the division of capital asset management and maintenance and any further disposition of the parcel shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws.
SECTION 3. The sale price paid under section 2 shall be deposited in the General Fund of the commonwealth.
SECTION 4. The commonwealth shall hold the city of Taunton harmless for any preexisting environmental violations.
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An Act creating the official shellfish of the Commonwealth
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S2049
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SD716
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T21:29:27.863'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T21:29:27.8633333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-28T15:17:41.2033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2049/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2049) of Marc R. Pacheco for legislation to make the quahog the official shellfish of the Commonwealth. State Administration and Regulatory Oversight.
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Chapter 2 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 64. The quahog shall be the official shellfish of the Commonwealth.
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An Act relative to small businesses and the sale of certain cultural products
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S205
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SD1459
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T16:34:49.677'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T16:34:49.6766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S205/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 205) of Patrick M. O'Connor for legislation relative to small businesses and the sale of certain cultural products. Consumer Protection and Professional Licensure.
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SECTION 1. For the purposes of this Act, the following terms shall have the flowing meanings:-
“Hookah," a type of waterpipe used to smoked shisha or other tobacco products with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses.
“Shisha Tobacco Product," a tobacco product smoked or intended to be smoked in a hookah and includes and may be referred to as, hookah tobacco, waterpipe tobacco, maasel, narghile, and argileh.
SECTION 2. The provisions of Chapter 133 of the Acts of 2019 shall not apply to the sale of shisha tobacco products by a hookah tobacco retailer if all of the following conditions are met:
(1) The hookah tobacco retailer has a valid license to sell tobacco products issued in the Commonwealth.
(2) The hookah tobacco retailer does not permit the sale of any shisha or hookah products to any person under 21 years of age.
(3) The hookah tobacco retailer shall keep hookah tobacco products in a locked case only to be accessed by store personnel who are over the age of 21.
(4) Every hookah tobacco transaction shall require the seller to request a valid Massachusetts issued identification or valid identification issued by another state or territory of the United States or a passport recognized by the United States as valid identification.
(5) Each hookah tobacco transaction shall be recorded by the seller in a manner prescribed by the Department of Public Health.
(6) The hookah tobacco retailer shall operate in accordance with all relevant state and federal laws relating to the sale of tobacco products.
SECTION 3. A tobacco retailer, or agent or employee of a tobacco retailer, who violates this section is guilty of an infraction and shall be punished by a fine of five hundred dollars ($500) for each violation of this section.
SECTION 4. The Department of Public Health shall promulgate rules and regulations to implement the provisions of this act.
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An Act improving the internal controls within state agencies
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S2050
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SD1151
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T21:55:11.163'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-17T21:55:11.1633333'}, {'Id': None, 'Name': 'Diana DiZoglio, Massachusetts State Auditor', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-17T22:03:06.1433333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-30T10:49:37.8033333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-28T15:17:30.2833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2050/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2050) of Marc R. Pacheco, Diana DiZoglio, Massachusetts State Auditor and Tackey Chan for legislation to improve the internal controls within state agencies. State Administration and Regulatory Oversight.
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SECTION 1. Section 9A of chapter 7A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by deleting lines 9 through 14, the second paragraph.
SECTION 2. Chapter 7A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section 19, the following new section:-
Section 20. Notwithstanding any general or special law to the contrary, the comptroller, in consultation with the state auditor, shall publish regulations to establish reporting requirements as well as internal control standards which shall define the minimum level of quality acceptable for internal control systems in operation throughout the various state agencies and departments and shall constitute the criteria against which such internal control systems will be evaluated. Internal control systems, the components of which should include an internal control plan, a risk assessment, policies, procedures and training requirements, for the various state agencies and departments of the Commonwealth shall be developed, documented and readily accessible in accordance with internal control guidelines established by the office of the comptroller.
Within each agency there shall be an official, equivalent in title or rank to an assistant or deputy to the department head, whose responsibility, in addition to his regularly assigned duties, shall be to ensure that the agency has written documentation of its internal control system on file. Said official shall, annually, or more often as conditions warrant, evaluate the effectiveness of the agency's internal control system and establish and implement changes necessary to ensure that: (1) the documentation of all internal control systems is readily available for examination by the comptroller, the secretary of administration and finance and the state auditor, (2) the results of audits and recommendations to improve departmental internal controls are promptly evaluated by the agency management, (3) timely and appropriate corrective actions are effected by the agency management in response to an audit and (4), all actions determined by the agency management as necessary to correct or otherwise resolve matters will be addressed by the agency in their budgetary request to the general court.
The comptroller shall prepare and update from time to time a training program, which the office shall publish on its official website, a program which shall provide a general introduction and training on the requirements of this section.
SECTION 3. Chapter 11 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section 12, the following two new sections:-
Section 12A. In coordination with the comptroller of the commonwealth and regulations established pursuant to section 20 of chapter 7A, all unaccounted for variances, losses, shortages, intentional violation of general laws governing commonwealth financial system operations and controls, or thefts of funds or property shall be immediately reported to the state auditor's office, who shall review the matter. Said auditor shall consider the materiality, risk, and nature of the matter reported, as well as the nature and extent of past reports involving the entity, to determine the level of review. Should a formal review be initiated, said auditor shall report to appropriate management and law enforcement officials a determination of the amount involved and the internal control weakness that contributed to or caused the condition. Said auditor shall then make recommendations to the agency official overseeing the internal control system and other appropriate management officials. The recommendations of said auditor shall address the correction of the conditions found and the necessary internal control policies and procedures that must be modified. The agency oversight official and the appropriate management officials shall immediately implement policies and procedures necessary to prevent a recurrence of the problems identified.
Section 12B. A commonwealth authority defined in section 1 of Chapter 29 performing a public function that does not receive direct appropriations from the commonwealth, not otherwise subject to the jurisdiction of the comptroller, but subject to audit under section 12 of chapter 11, is required to comply with all the requirements of section 20 of chapter 7A.
SECTION 4. Section 5O of chapter 12 of the General Laws, as appearing in the 2016 official Edition, is hereby amended by deleting, in line 3, the words “chapter 647 of the acts of 1989” and inserting in place thereof the following words:- section 20 of chapter 7A and section 12A of chapter 11
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An Act to debar employers who violate certain federal laws from contracting with the Commonwealth
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S2051
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SD1152
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-18T23:35:40.477'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-18T23:35:40.4766667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:32:51.9333333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T12:32:51.9333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2051/DocumentHistoryActions
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2051) of Marc R. Pacheco for legislation to debar employers who violate federal immigration laws from contracting with the Commonwealth. State Administration and Regulatory Oversight.
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Chapter 29 of the General Laws is hereby amended in Section 29F(c), in the first line by removing the word “may” after the word “Debarment” and replacing it with the word “shall” and by removing the following words: “but, debarment shall be imposed in all causes where debarment is required by law.”
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