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An Act relative to historic route designations
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S2232
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SD847
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:57:11.39'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:57:11.39'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2232/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2232) of Paul R. Feeney for legislation to designate route 1, route 20 and route 6 as historic United States routes. Transportation.
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Notwithstanding any general or special law to the contrary, Route 1, Route 20 and Route 6 in the Commonwealth shall be designated and known as historic United States Routes. The Massachusetts Department of Transportation shall erect and maintain suitable markers bearing that designation in compliance with standards of the department.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J27', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J27'}, 'Votes': []}]
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An Act directing the Massachusetts Department of Transportation to conduct a highway noise study in Foxborough
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S2233
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SD1787
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T13:29:30.8'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T13:29:30.8'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2233/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2233) of Paul R. Feeney for legislation to direct the Massachusetts Department of Transportation to conduct a highway noise study in Foxborough. Transportation.
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Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation is hereby directed to conduct a comprehensive noise study along the northbound and southbound sides of Interstate-495 in the town of Foxborough adjacent to the South Grove, Grove Street neighborhood, to determine the ambient noise level generated by the existing Interstate-495 traffic. Said study shall be conducted by an acoustical engineer employed by or on behalf of the Massachusetts Department of Transportation. The results of the study and the department recommendations shall be filed with the chairs of the joint committee on transportation and the clerks of the house of representatives and the senate on or before June 1, 2024.
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Resolve establishing the roadside litter prevention and cleanup task force
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S2234
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SD1788
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T11:28:22.883'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T11:28:22.8833333'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-05-01T11:59:09.03'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-05-01T11:59:09.03'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2234/DocumentHistoryActions
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Resolve
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By Mr. Feeney, a petition (accompanied by resolve, Senate, No. 2234) of Paul R. Feeney that provisions be made for an investigation and study by a task force relative to roadside litter prevention and cleanup. Transportation.
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Resolved, there shall be established within the highway division of the Massachusetts Department of Transportation, a litter prevention and cleanup task force. The task force shall consist of: the secretary of transportation or a designee, who shall serve as chair, the executive director of the Massachusetts office of travel and tourism or a designee, the secretary of public safety and security or a designee, the secretary of energy and environmental affairs or a designee and the executive director of Keep Massachusetts Beautiful, Inc.
The task force shall: (i) create a consistent, memorable, Massachusetts-themed anti-littering slogan and branding, and shall develop a litter prevention advertising campaign suitable for use across multiple platforms including, but not limited to, television and radio broadcast, print, social media, state-controlled messaging boards, billboards and signs; and (ii) conduct an analysis on the annual costs associated with the cleanup of highway and roadside litter, the funding sources currently used for litter cleanup and the areas most impacted by litter; provided however, that in conducting its work, the task force shall consider the current enforcement and fine statutes and regulations related to littering in the commonwealth.
The task force shall issue a report with recommendations on: (i) potential funding needed for litter cleanup along our highways and roadsides; (ii) litter enforcement among motorists and vehicles with improperly covered loads, including but not limited to, best practices for law enforcement; (iii) whether additional funding is needed for enforcement; and (iv) whether the current fine structure is adequate. The report shall be filed with the governor, the clerks of the house of representatives and the senate, the joint committee on transportation, the joint committee on tourism, arts and cultural development and the joint committee on environment, natural resources and agriculture not later than December 31, 2024.
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An Act to remediate and reopen the visitor information center on I-95 in Northern Bristol County for traveler safety and convenience and to promote regional tourism and economic development
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S2235
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SD2289
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T15:07:10.99'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T15:07:10.99'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-13T12:22:40.81'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2235/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2235) of Paul R. Feeney and F. Jay Barrows for legislation to remediate and reopen the visitor information center on I-95 in Northern Bristol County for traveler safety and convenience and to promote regional tourism and economic development. Transportation.
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SECTION 1. Notwithstanding any general or special law to the contrary, the highway division of the Massachusetts Department of Transportation shall, within 90 days of the passage of this act, convene a working group of appropriate departmental staff to analyze and make recommendations on the reopening of the tourist information center located on interstate highway route 95 north in the town of Mansfield and converting the rest area facility to a regional visitor information center for the purposes of promoting local and regional businesses and tourist destinations.
SECTION 2. The working group shall study, analyze and create recommendations regarding: (i) removal of surplus highway material, vehicles, signage and supplies impeding the full use of the facility and parking lot; (ii) removal of roadway debris and litter on the site; (iii) plans to redesign, rehabilitate and reconstruct the existing structure and associated funding needs to achieve a state of good repair; (iv) safety improvements; (v) accessibility upgrades; (vi) restroom reconstruction; (vii) a schedule of regular, routine landscaping; (viii) roadway paving; (ix) installation of vehicle charging stations; (x) regular staffing of the facility; (xi) allowable activities under 23 USC 111(a), such as commercial advertising and media displays, items designed to promote tourism, tickets for events or attractions, travel-related information and lottery machines; (xii) a system of measuring guests and car counts who enter and exit the facility; (xiii) additional allowable uses, activities or stipulations; (xiv) a draft memorandum of understanding for the purpose of contracting with the regional tourism council, chambers of commerce or other entities to reopen the facility as a working visitor information center; and (xv) projected costs associated with achieving a state of good repair at the facility.
SECTION 3. The working group’s findings shall be filed with the clerks of the house of representatives and the senate not later than June 1, 2024.
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An Act relative to peer-to-peer car sharing
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S2236
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SD2112
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-19T17:41:42.65'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-19T17:41:42.65'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2236/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 2236) of Barry R. Finegold for legislation relative to peer-to-peer car sharing. Transportation.
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SECTION 1. The General Laws, as appearing in the 2022 Official Edition, are hereby amended by inserting after chapter 90J the following chapter:-
CHAPTER 90K. Personal Vehicle Sharing Companies
Section 1. Definitions
As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Car sharing delivery period”, the period of time during which a shared vehicle is being delivered to the location of the car sharing start time, if applicable, as documented by the governing car sharing program agreement.
“Car sharing period”, the period of time that commences with the car sharing delivery period or, if there is no car sharing delivery period, that commences with the car sharing start time and in either case ends at the car sharing termination time.
“Car sharing program agreement”, the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program; provided, however, that a car sharing program agreement shall not include a rental car agreement, as defined in section 32E½ of chapter 90.
“Car sharing start time”, the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program.
“Car sharing termination time”, the earliest of the following events:
(1) the expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to a location agreed upon in a car sharing program agreement;
(2) when the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing program; provided, however, that the alternatively agreed upon location shall be incorporated into the car sharing program agreement; or
(3) when the shared vehicle owner or the shared vehicle owner’s designee takes possession and control of the shared vehicle.
“Peer-to-peer car sharing”, the authorized use of a vehicle by an individual other than the vehicle’s owner through a peer-to-peer car sharing program; provided, however, that peer-to-peer car sharing does not include a rental car or rental activity as defined in section 32E½ of chapter 90.
“Peer-to-peer car sharing program”, a business platform that connect vehicle owners with licensed drivers to enable the sharing of vehicles for financial consideration; provided, however, that a peer-to-peer car sharing program does not include a rental car company as defined in section 32E½ of chapter 90.
“Shared vehicle”, a vehicle that is available for sharing through a peer-to-peer car sharing program; provided, however, that a shared vehicle does not include a rental car or rental vehicle as defined in section 32E½ of chapter 90.
“Shared vehicle driver”, an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement.
“Shared vehicle owner”, the registered owner, or a person or entity designated by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program.
Section 2. Assumption of Liability
(a) A peer-to-peer car sharing program shall assume liability, except as provided in subsection (b) of this section, from a shared vehicle owner for bodily injury, property damage to third parties, uninsured and underinsured motorists or personal injury protection losses during the car sharing period in an amount stated in the car sharing program agreement, which amount may not be less than those set forth in sections 34A to 34R, inclusive, of chapter 90.
(b) Notwithstanding the definition of “car sharing termination time” as set forth in section 1 of this chapter, the assumption of liability under subsection (a) of this section shall not apply to any shared vehicle owner if a shared vehicle owner:
(1) makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car sharing program before the car sharing period in which the loss occurred; or
(2) acts in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the car sharing program agreement.
(c) Notwithstanding the definition of “car sharing termination time” as set forth in section 1 of this chapter, the assumption of liability under subsection (a) of this section shall apply to bodily injury, property damage, uninsured and underinsured motorists or personal injury protection losses caused to damaged third parties required by section 34A to 34N, inclusive of Chapter 90.
(d) A peer-to-peer car sharing program shall ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that provides insurance coverage in amounts no less than the minimum amounts set forth in section 34M of Chapter 90 and:
(1) recognizes that the shared vehicle insured under the policy is made available and used through a peer to-peer car sharing program; or
(2) does not exclude use of a shared vehicle by a shared vehicle driver.
(e) The insurance described under subsection (d) may be satisfied by motor vehicle liability insurance maintained by any of the following, alone or in combination:
(1) A shared vehicle owner;
(2) A shared vehicle driver; or
(3) A peer-to-peer car sharing program.
(f) The insurance required pursuant to subsection (d) shall be primary during each car sharing period and, in the event that a claim occurs in another state with minimum financial responsibility limits higher than those set forth in sections 34A to 34R, inclusive, of chapter 90 during the car sharing period, the coverage maintained pursuant to subsection (d) shall satisfy the difference in minimum coverage amounts, up to the applicable policy limits.
(g) The insurer, insurers or peer-to-peer car sharing program providing coverage under subsection (d) shall assume primary liability for a claim when:
(1) a dispute exists as to who was in control of the shared motor vehicle at the time of the loss and the peer-to-peer car sharing program does not have available, did not retain or fails to provide any applicable information as required by section 5 of this chapter; or
(2) a dispute exists as to whether the shared vehicle was returned to the alternatively agreed upon location incorporated into the car sharing program agreement, provided that any information retained pursuant to section 5 of this chapter is insufficient to resolve said dispute.
(h) If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with subsection (e) has lapsed or does not provide the required coverage, insurance maintained by a peer-to peer car sharing program shall provide the coverage required by subsection (d) beginning with the first dollar of a claim and have the duty to defend such claim except under circumstances as set forth in subsection (b).
(i) Coverage under an automobile insurance policy maintained by the peer-to-peer car sharing program shall not be dependent on another automobile insurer first denying a claim, nor shall another automobile insurance policy be required to first deny a claim.
(j) Nothing in this section shall be construed to:
(1) limit the liability of the peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car sharing program; or
(2) limit the ability of the peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.
Section 3. Notice to Shared Vehicle Owners Regarding Liens
At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall provide clear and conspicuous notice to the shared vehicle owner that, if the shared vehicle has a lien against it, the use of the shared vehicle through a peer-to-peer car sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.
Section 4. Rights of Authorized Insurers
(a) An authorized insurer that writes motor vehicle liability insurance in this commonwealth may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owner’s motor vehicle liability insurance policy, including but not limited to:
(1) liability coverage for bodily injury and property damage;
(2) personal injury protection coverage as defined in section 34M of chapter 90;
(3) uninsured and underinsured motorist coverage;
(4) medical payments coverage;
(5) comprehensive physical damage coverage; and
(6) collision physical damage coverage.
(b) Nothing in this chapter shall be construed to:
(1) invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing or hire or for any business use, except as provided for under existing law;
(2) invalidate, limit or restrict an insurer’s ability under existing law to underwrite any insurance policy; or
(3) invalidate, limit or restrict an insurer’s ability under existing law to cancel or non-renew policies.
Section 5. Retention of Records
(a) A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to: (1) times used; (2) car sharing period pick up and drop off locations; (3) fees paid by the shared vehicle driver; and (4) revenues received by the shared vehicle owner.
(b) A peer-to-peer car sharing program shall provide that information upon request to: (1) the shared vehicle owner; (2) the shared vehicle owner’s insurer; (3) or the shared vehicle driver’s insurer to facilitate a claim coverage investigation, settlement, negotiation, or litigation.
(c) The peer-to-peer car sharing program shall retain the records for a time period not less than the applicable personal injury statute of limitations.
Section 6. Vicarious Liability
A peer-to-peer car sharing program and a shared vehicle owner shall be exempt from vicarious liability in accordance with 49 U.S.C. § 30106 and under any state or local law that imposes liability solely based on vehicle ownership.
Section 7. Recovery of Excluded Damages
A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of its policy shall have the right to seek recovery against the motor vehicle insurer of the peer-to peer car sharing program if the claim is made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period.
Section 8. Peer-to-Peer Car Sharing Program Insurable Interest
(a) Notwithstanding any other law, statute, rule or regulation to the contrary, a peer-to-peer car sharing program shall have an insurable interest in a shared vehicle during the car sharing period.
(b) Nothing in this section shall be construed to impose liability on a peer-to-peer car sharing program to maintain the coverage mandated by section 2 of this chapter, provided that the applicable coverage is maintained individually or in conjunction pursuant to subsections (d) and (e) of said section 2.
(c) A peer-to-peer car sharing program may own and maintain as the named insured one or more policies of motor vehicle liability insurance that provide coverage for:
(1) liabilities assumed by the peer-to-peer car sharing program under a car sharing program agreement;
(2) any liability of the shared vehicle owner;
(3) damage or loss to the shared motor vehicle; or
(4) any liability of the shared vehicle driver.
Section 9. Notice to Shared Vehicle Owners and Drivers
At the time of each car sharing program agreement made in this commonwealth, the peer-to-peer car sharing program shall disclose to both the shared vehicle owner and the shared vehicle driver in a clear and conspicuous notice:
(1) any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement;
(2) that a motor vehicle liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program;
(3) that the peer-to-peer car sharing program’s insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not have insurance coverage;
(4) the daily rate, fees and, if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver;
(5) that the shared vehicle owner’s motor vehicle liability insurance may not provide coverage for a shared vehicle;
(6) an emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries; and
(7) if there are conditions under which a shared vehicle driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis in order to book a shared motor vehicle.
Section 10. Licensing of Shared Vehicle Drivers
(a) A peer-to-peer car sharing program shall not enter into a car sharing program agreement with a driver unless the driver who will operate the shared vehicle:
(1) holds a valid driver’s license issued under section 8 of chapter 90 which authorizes the driver to operate vehicles of the class of the shared vehicle; or
(2) is a nonresident of this commonwealth who:
(i) is at least the same age as that required of a resident of this commonwealth to driver and has a driver’s license issued by the state or country of the driver’s residence that authorizes the driver in that state or country to drive vehicles of the class of the shared vehicle; or
(ii) otherwise is specifically authorized by this commonwealth to drive vehicles of the class of the shared vehicle.
(b) A peer-to-peer car sharing program shall keep a record of:
(1) the name and address of the shared vehicle driver;
(2) the number of the driver’s license of the shared vehicle driver and each other person, if any, who will operate the shared vehicle; and
(3) the place of issuance of the driver’s license.
(c) A peer-to-peer car sharing program maintaining records pursuant to subsection (b) shall take reasonable precautions to ensure the security and privacy of personally identifiable information related to a shared vehicle owner or a shared vehicle driver.
Section 11. Peer-to-Peer Car Sharing Program Equipment
A peer-to-peer car sharing program shall have sole responsibility for any equipment, such as a GPS system or other special equipment that is put in or on the vehicle to monitor or facilitate the car sharing transaction pursuant to a car sharing program agreement, and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of such equipment during the sharing period not caused by the shared vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to such equipment that occurs during the sharing period.
Section 12. Shared Vehicle Safety Recalls
(a) At the time when a vehicle owner registers as a shared vehicle owner with a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall:
(1) verify that the shared vehicle does not have any safety recalls on the vehicle for which the repairs have not been made; and
(2) notify the shared vehicle owner of the requirements under subsection (b) of this section.
(b) (1) If the shared vehicle owner has received an actual notice of a safety recall on the vehicle, a shared vehicle owner shall not make a vehicle available as a shared vehicle with a peer-to-peer car sharing program until the safety recall repair has been made.
(2) If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is made available on the peer-to-peer car sharing program, the shared vehicle owner shall remove the shared vehicle as available on the peer-to-peer car sharing program as soon as practicably possible after receiving the notice of the safety recall and until the safety recall repair has been made.
(3) If a shared vehicle owner receives an actual notice of a safety recall while the shared vehicle is being used in the possession of a shared vehicle driver, the shared vehicle owner shall notify the peer-to-peer car sharing program about the safety recall as soon as practicably possible so that the shared vehicle owner may address the safety recall repair.
Section 13. Additional Regulations & Limitations
(a) The commissioner of insurance shall have the authority to promulgate rules that are not inconsistent with and necessary to administer and enforce the provisions of this chapter.
(b) This chapter is intended to govern the intersection of peer-to-peer car services and the business of insurance as regulated in this commonwealth. Nothing in this chapter shall be construed to extend beyond the regulation of insurance or have any implications for other provisions of the General Laws, including but not limited to, those related to motor vehicle regulation, airport regulation, or taxation.
SECTION 2. Section 1 shall take effect 18 months after the passage of this act.
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An Act relative to standards for protective headgear for operators or passengers on motorcycles
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S2237
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SD2198
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-19T19:11:08.18'}
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[{'Id': None, 'Name': 'Paul W. Cote', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T19:11:08.18'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2237/DocumentHistoryActions
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Bill
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By Mr. Finegold (by request), a petition (accompanied by bill, Senate, No. 2237) of Paul W. Cote for legislation relative to standards for protective headgear for operators or passengers on motorcycles. Transportation.
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Section 7 of Chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the entire sentence beginning with the word “Every” in line 149 and ending with the words “or older.” in line 158.
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An Act allowing, in specific situations, motorcyclists' use of a breakdown or access lane or splitting travel lanes
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S2238
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SD2203
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-19T19:05:40.07'}
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[{'Id': None, 'Name': 'Paul W. Cote', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T19:05:40.0866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2238/DocumentHistoryActions
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Bill
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By Mr. Finegold (by request), a petition (accompanied by bill, Senate, No. 2238) of Paul W. Cote for legislation to allow in specific situations, motorcyclists use of a breakdown or access lane, or splitting travel lanes. Transportation.
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SECTION 1. Section 4A of chapter 89 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-
When two or more designed lanes of travel in the same direction are traveling at speeds of ten (10) miles per hour or less, an operator of a motorcycle may use and travel in the right breakdown lane or left access lane or split the lanes, at a speed no greater than twenty-five (25) miles per hour, and shall yield to disabled or emergency vehicles already occupying such lanes.
SECTION 2. Section 4B of chapter 89 of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-
When two or more designed lanes of travel in the same direction are traveling at speeds of ten (10) miles per hour or less, an operator of a motorcycle may use and travel in the right breakdown lane or left access lane or split the lanes, at a speed no greater than twenty-five (25) miles per hour, and shall yield to disabled and/or emergency vehicles already occupying such lanes.
SECTION 3. This act shall take effect upon its passage.
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An Act providing for distinctive registration plates for certain veterans who participated in the testing of atomic weapons
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S2239
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SD28
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T11:02:47.777'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T11:02:47.7766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2239/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2239) of Anne M. Gobi for legislation to provide distinctive registration plates for certain veterans who participated in the testing of atomic weapons. Transportation.
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Section 2 of Chapter 90 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting, after line 523, the following paragraph:-
The registrar shall furnish without charge to owners of private passenger motor vehicles who are veterans who participated in the early testing of atomic weapons, upon presentation of satisfactory evidence of such status as determined by the registrar, distinctive registration plates for one private passenger motor vehicle owned and principally used by such veteran or a distinctive emblem to be affixed to a "VETERAN" registration plate for a motorcycle owned and principally used by such veteran. The surviving spouse of a deceased veteran under this paragraph may elect to retain the distinctive registration plates or emblem for personal use upon payment of the established registration fee for private passenger motor vehicles or motorcycles and an additional $20 fee until such time as the spouse remarries, fails to renew or cancels the registration.
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An Act relative to a business entity
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S224
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SD1357
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:20:47.353'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:20:47.3533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S224/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 224) of Nick Collins for legislation relative to a business entity. Economic Development and Emerging Technologies.
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SECTION 1. Section 45 of Chapter 108A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking, in line 4 and line 18, the words “federal employer identification number of the partnership”.
SECTION 2. Section 45 of chapter 108A of the General Laws, as so appearing is hereby further amended by striking subsection (6) and inserting in place thereof the following subsection:-
(6) If a partnership fails to file an annual report when due, pay the required fee, or the payment of any fee due the commonwealth was dishonored when presented for payment and the partnership has failed to make payment within 20 days after written notice of such failure was mailed to the partnership, the state secretary may revoke the registration of the partnership. If the state secretary determines that one or more grounds exist for revoking the registration of a partnership, he shall notify the partnership of his determination. The notice shall be sent in writing and mailed postage prepaid to the office of the partnership’s resident agent, or if the resident agent consents, sent by electronic mail to an electronic mail address furnished by the agent for such purpose. If the partnership has not appointed a resident agent, notice shall be given by mail to the partnership at the address of its principal office as shown in the records of the state secretary, or if the partnership consents, sent by electronic mail to an electronic mail address furnished by the partnership for such purpose. The notice shall specify the annual reports which have not been filed and the fees which have not been paid. If the partnership does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the state secretary that each ground determined by the secretary of state does not exist within 60 days after notice is given, the state secretary shall administratively revoke the registration of the partnership.
SECTION 3. Chapter 108A of the General Laws, as so appearing, is hereby further amended by adding the following new sections:-
Section 50. Electronic Filings
Electronic documents or transmissions may be filed with the secretary of state if, and to the extent, permitted by the secretary. The secretary of state may promulgate regulations regarding the procedures for electronic filings which supersede any inconsistent provisions of this chapter with respect to such filings.
Section 51. Correcting a Filed Certificate
• A limited liability partnership may correct a document filed with the state secretary if the document:
(1) contains a typographical error or an incorrect statement; or
(2) was defectively executed, attested, sealed, verified or acknowledged.
• A document is corrected:
• by preparing a certificate of correction that (i) describes the document, including its filing date, (ii) specifies the typographical error, the incorrect statement and the reason it is incorrect or the manner in which the execution was defective and (iii) corrects the typographical error, incorrect statement or defective executions; and
• by delivering the certificate of correction to the secretary of state for filing.
• A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate of correction is effective when filed.
• A certificate of correction cannot be used to change the effective date of a filed document, provided however, that if a document has been filed with a delayed effective date, a certificate of correction may be filed prior to said date to accelerate the effective date to a date not earlier than the date of the certificate of correction.
• If the secretary of state permits electronic filings, defects in the electronic recording or transmission of documents may be corrected under this section to the extent permitted by regulations promulgated by the secretary.
• The fee for filing a certificate of correction is $100.00.
Section 52. Pre-clearance of Filings
The fee for examining and provisionally approving any record at any time before the record is presented for filing is $100.00.
SECTION 4. Section 13 of chapter 109 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking subsection (a) and inserting in place thereof the following subsection:-
(a) A signed copy of the certificate of limited partnership and of any certificate of amendment or cancellation, or any judicial decree of amendment or cancellation, shall be delivered to the secretary of state. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of his authority as a prerequisite to filing. Unless the secretary of state finds that the certificate does not conform to law, upon receipt of all filing fees required by law, he shall evidence his approval on or with the document. Upon such approval and payment of all filing fees required by law, the filing shall be deemed to be filed with the secretary of state.
SECTION 5. Section 13 of chapter 109 of the General Laws, as so appearing, is further amended by adding the following new subsection:-
(c) Electronic documents or transmissions may be filed with the secretary of state if, and to the extent, permitted by the secretary. The secretary of state may promulgate regulations regarding the procedures for electronic filings which supercede any inconsistent provisions of this chapter with respect to such filings.
SECTION 6. Chapter 109 of the General Laws, as so appearing, is further amended by adding, after section 13, the following new section:-
13A. Correcting a Filed Certificate
• A domestic or foreign limited partnership may correct a document filed with the state secretary if the document:
(1) contains a typographical error or an incorrect statement; or
(2) was defectively executed, attested, sealed, verified or acknowledged.
• A document is corrected:
• by preparing a certificate of correction that (i) describes the document, including its filing date, (ii) specifies the typographical error, the incorrect statement and the reason it is incorrect or the manner in which the execution was defective and (iii) corrects the typographical error, incorrect statement or defective executions; and
• by delivering the certificate of correction to the secretary of state for filing.
• A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate of correction is effective when filed.
• A certificate of correction cannot be used to change the effective date of a filed document; provided, however, that if a document has been filed with a delayed effective date, a certificate of correction may be filed prior to said date:
(1) to accelerate the effective date to a date not earlier than the date of the certificate of correction; or
(2) to abandon a merger or amendment if the authority to do so is granted by the merger agreement or the persons approving the amendment.
• If the secretary of state permits electronic filings, defects in the electronic recording or transmission of documents may be corrected under this section to the extent permitted by regulations promulgated by the secretary.
SECTION 7. Chapter 109 of the General Laws is hereby further amended by striking Section 16 in its entirety.
SECTION 8. Section 55 of chapter 109, as so appearing, is hereby amended by adding the following new subsection:-
(c) A foreign limited partnership is liable to the commonwealth for the years or parts of years during which it transacted business in the commonwealth without delivering to the secretary of state for filing the certificate required by section 49, an amount equal to:
(1) all fees which would have been imposed by law had it duly delivered the certificate; and
(2) all interest and penalties imposed by law for failure to pay the fees. A foreign limited partnership is further liable to the commonwealth, for each month or part thereof during which it transacted business without delivering the certificate, an amount determined by the secretary of state, which shall in no event exceed the amount established by the Commissioner of Administration under section 3B of Chapter 7, except that a foreign limited partnership which has delivered such certificate shall not be liable for such monthly penalty for the first ten (10) days during which it transacted business without delivering such certificate. Such fees and penalties may be levied by the secretary of state. The attorney general may bring an action necessary to recover amounts due to the commonwealth under this subsection including an action to restrain a foreign limited partnership against which fees and penalties have been imposed pursuant to this subsection from transacting business in the commonwealth until the fees and penalties have been paid.
SECTION 9. Section 64 of chapter 109 is hereby amended by striking out subsections (a) and (b) inserting in place thereof the following subsections:-
(a) the state secretary may commence a proceeding to dissolve a limited partnership if:
• the limited partnership has failed for 2 or more consecutive years to comply with the laws requiring the filing of annual reports;
• payment of any fee due the commonwealth was dishonored when presented for payment and the limited partnership has failed to make payment within 20 days after written notice of such failure was mailed to the limited partnership; or
• he is satisfied that the limited partnership has become inactive and its dissolution would be in the public interest.
(b) If the state secretary determines that one or more grounds exist for dissolving a limited partnership, he shall notify the partnership’s resident agent of his determination. The notice shall be sent in writing and mailed postage prepaid to the resident agent’s office, or if the resident agent consents, sent by electronic mail to an electronic mail address furnished by the agent for such purpose. The notice shall specify the annual reports which have not been filed, the fees which have not been paid and the payment which has been dishonored. If the partnership does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the state secretary that each ground determined by the secretary of state does not exist within 90 days after notice is given, the state secretary shall administratively dissolve the limited partnership.
SECTION 10. Section 65 of chapter 109 is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the following subsection:-
(a) The state secretary may commence a proceeding to revoke the authority of a foreign limited partnership to transact business in the commonwealth if:
• the foreign limited partnership has failed for 2 consecutive years to comply with the laws requiring the filing of annual reports;
• payment of any fee due the commonwealth was dishonored when presented for payment and the foreign limited partnership has failed to make payment within 20 days after written notice of such failure was mailed to the foreign limited partnership; or
• If the state secretary determines that one or more grounds exist to revoke the authority of the foreign limited partnership to transact business in the commonwealth, he shall notify the foreign limited partnership’s resident agent of his determination. The notice shall be sent in writing and mailed postage prepaid to the resident agent’s office, or if the resident agent consents, sent by electronic mail to an electronic mail address furnished by the agent for such purpose. The notice shall specify the annual reports which have not been filed, the fees which have not been paid and the payment which has been dishonored. If the partnership does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the state secretary that each ground determined by the secretary of state does not exist within 90 days after notice is given, the state secretary shall administratively revoke the authority of the limited partnership to transact business in the commonwealth.
• The authority of the foreign limited partnership to transact business in the commonwealth shall cease on the date on which the secretary makes such revocation effective.
SECTION 11. Chapter 109, as so appearing, is hereby further amended by adding the following new sections:-
Section 67. Good Standing
A limited partnership shall be deemed to be in good standing with the secretary of state if such limited partnership appears, from the records of said secretary, to exist and has paid all fees due to the secretary, and no certificate of cancellation has been filed by or with respect to the limited partnership. Upon the request of any person and payment of such fee as may be prescribed by law, the state secretary shall issue a certificate stating, in substance, as to any limited partnership meeting the requirements of this section, that such limited partnership appears, from the records in his office, to exist and to be in good standing, and stating the identity of any and all general partners who are named in the most recent document filed with the state secretary.
Section 68. Pre-clearance of Filings
The fee for examining and provisionally approving any record at any time before the record is presented for filing is $100.00.
SECTION 12. Section 17 of chapter 156A of the General Laws as appearing in the 2016 Official Edition, is hereby amended by striking out paragraph (a) and inserting in place thereof the following paragraph:-
(a) A foreign professional corporation shall register under the provisions of this section if the corporation would be required to incorporate under this chapter if organized in the commonwealth and
(1) it maintains an office in the commonwealth; or
(2) any of its shareholders, officers, or directors conducts activity on behalf of the corporation in the commonwealth as to require licensing under the provisions of chapter one hundred and twelve or chapter two hundred and twenty-one.
SECTION 13. Section 17 of chapter 156C of the General Laws, as so appearing is hereby further amended by striking subsection (a) and inserting in place thereof the following subsection:-
(a) The original signed copy of the certificate of organization and of any certificates of amendment or cancellation or any judicial decree of amendment or cancellation, of any certificate of consolidation, merger or conversion and of any restated certificate shall be delivered to the state secretary. A person who executes a certificate as an attorney-in-fact or fiduciary shall not be required to exhibit evidence of his authority as a prerequisite to filing. Unless the state secretary finds that any certificate does not conform to law, upon receipt of all filing fees required by law, he shall evidence his approval on or with the document. Upon said approval and payment of all filing fees required by law, the filing shall be deemed filed with the secretary of state. Said endorsement shall be conclusive of the date and time of its filing in the absence of actual fraud.
SECTION 14. Section 17 of said chapter 156C, as so appearing, is hereby further amended by adding to section 17 the following new paragraph:-
(c) Electronic documents or transmissions may be filed with the secretary of state if, and to the extent, permitted by the secretary. The secretary of state may promulgate regulations regarding the procedures for electronic filings which supercede any inconsistent provisions of this chapter with respect to such filings.
SECTION 15. Chapter 156C of the General Laws, as so appearing, is further amended by adding, after section 17, the following new section:-
17A. Correcting a Filed Certificate
(a) A domestic or foreign limited liability company may correct a document filed with the state secretary if the document:
(1) contains a typographical error or an incorrect statement; or
(2) was defectively executed, attested, sealed, verified or acknowledged.
(b) A document is corrected:
• by preparing a certificate of correction that (i) describes the document, including its filing date, (ii) specifies the typographical error, the incorrect statement and the reason it is incorrect or the manner in which the execution was defective and (iii) corrects the typographical error, incorrect statement or defective execution; and
• by delivering the certificate of correction to the secretary of state for filing.
(c) A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate of correction is effective when filed.
• A certificate of correction cannot be used to change the effective date of a filed document; provided, however, that if a document has been filed with a delayed effective date, a certificate of correction may be filed prior to said date:
(1) to accelerate the effective date to a date not earlier than the date of the certificate of correction, or
(2) to abandon a merger or amendment if the authority to do so is granted by the merger agreement or the persons approving the amendment.
• If the secretary of state permits electronic filings, defects in the electronic recording or transmission of documents may be corrected under this section to the extent permitted by regulations promulgated by the secretary.
• The fee for filing a certificate of correction with the state secretary is $100.00.
SECTION 16. Section 48 of chapter 156C of the General Laws, as so appearing, is hereby amended by adding, after clause 5, the following new clause:-
(5A) the name of any other person in addition to any manager who is authorized to execute documents to be filed with the office of the state secretary, and at least one shall be named if there are no managers.
SECTION 17. Section 54 of chapter 156C, as so appearing, is amended by striking paragraph (a) and inserting in place thereof:
(a) A foreign limited liability company is liable to the commonwealth for the years or parts of years during which it transacted business in the commonwealth without delivering to the secretary of state for filing the certificate required by section 48, an amount equal to: -
(1) all fees which would have been imposed by law had it duly delivered the certificate; and
(2) all interest and penalties imposed by law for failure to pay the fees. A foreign limited liability company is further liable to the commonwealth, for each year or part thereof during which it transacted business without delivering the certificate, an amount not to exceed $500.00 except that a foreign limited liability company which has delivered such certificate shall not be liable for such penalty for the first 10 days during which it transacted business without delivering such certificate. Such fees and penalties may be levied by the secretary of state. The attorney general may bring an action necessary to recover amounts due to the commonwealth under this subsection including an action to restrain a foreign limited liability company against which fees and penalties have been imposed pursuant to this subsection from transacting business in the commonwealth until the fees and penalties have been paid. No such failure shall affect the validity of any contract involving the foreign limited liability company, nor is a member or manager of a foreign limited liability company liable for the obligations of the foreign limited liability company solely by reason of such failure, but no action shall be maintained or recovery had by the foreign limited liability company in any of the courts of the commonwealth as long as such failure continues. The failure of a foreign limited liability company to register with the state secretary shall not prevent the foreign limited liability company from defending any action, suit or proceeding in any of the courts of the commonwealth.
SECTION 18. Chapter 156C, as so appearing, is hereby amended by striking section 70 and inserting in place thereof:-
• The state secretary may commence a proceeding to dissolve a limited liability company if:
• The limited liability company has failed for two consecutive years to comply with the law requiring the filing of annual reports; or
• The payment of any fee due the commonwealth was dishonored when presented for payment and the limited liability company has failed to make payment within 20 days after written notice of such failure was mailed to the limited liability company; or
• He is satisfied that the limited liability company has become inactive and its dissolution would be in the public interest.
• If the state secretary determines that grounds exist under subsection (a), he shall notify the limited liability company of his determination. The notice shall be sent in writing and mailed postage prepaid to the office of the limited liability company’s resident agent, or if the resident agent consents, sent by electronic mail to an electronic mail address furnished by the agent for such purpose. The notice shall specify the annual reports which have not been filed and the fees which have not been paid. If the limited liability company does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the state secretary that each ground for dissolution does not exist within 90 days after notice is given, the state secretary shall administratively dissolve the limited liability company.
• A limited liability company administratively dissolved continues in existence but shall not carry on any business except that necessary to wind up and liquidate its affairs.
SECTION 19. Chapter 156C as so appearing is hereby amended by striking section 72 and inserting in place thereof:-
• The state secretary may commence a proceeding to revoke the authority of a foreign limited liability company to transact business in the commonwealth if:
• The foreign limited liability company has failed for two consecutive years to comply with the laws requiring the filing of annual reports; or
• The payment of any fee due the commonwealth was dishonored when presented for payment and the foreign limited liability company has failed to make payment within 20 days after written notice of such failure was mailed to the foreign limited liability company;
• If the state secretary determines that grounds exist under subsection (a), he shall notify the foreign limited liability company of his determination. The notice shall be sent in writing and mailed postage prepaid to the office of the foreign limited liability company’s resident agent, or if the resident agent consents, sent by electronic mail to an electronic mail address furnished by said agent for such purpose. The notice shall specify the annual reports which have not been filed and the fees which have not been paid. If the foreign limited liability company does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the state secretary that each ground for revocation does not exist within 90 days after notice is given, the state secretary shall administratively revoke the authority of the foreign limited liability company to transact business in the commonwealth.
• The authority of the foreign limited liability company to transact business in the commonwealth shall cease on the date on which the state secretary makes such revocation effective.
SECTION 20. Chapter 156C is hereby further amended by adding, after section 72, the following new section:-
Section 73. Pre-clearance of Filings
The fee for examining and provisionally approving any record at any time before the record is presented for filing is $100.00.
SECTION 21. Section 1.20 of chapter 156D as appearing in the 2016 Official Edition is hereby amended by striking paragraph (h) and inserting in place thereof the following:-
(h)The document shall be delivered to the office of the secretary of state for filing and shall be accompanied by the correct filing fee and any payment or penalty required by this chapter or other law.
SECTION 22. General Laws chapter 156D, as so appearing, is hereby further amended by striking section 1.22 and inserting in place thereof the following:-
Section 1.22. Filing Service and Copying Fees
• The commissioner of administration shall issue regulations prescribing fees for the filing and copying of documents, the issuance of certificates and the handling of service of process under this Act.
• The fee for examining and provisionally approving any record at any time before the record is presented for filing is $100.00.
SECTION 23. Section 14.20 of chapter 156D, as so appearing, is hereby amended by striking clause (b) and inserting the following:-
(b) the secretary of state is satisfied that the corporation has become inactive and its dissolution would be in the public interest; or
(c) payment of any fee due the commonwealth was dishonored when presented for payment and the corporation has failed to make payment within twenty (20) days after written notice of such failure was mailed to the corporation.
SECTION 24. Section 14.23 of chapter 156D, as appearing, is hereby amended by striking subsection (a) and inserting in place thereof the following subsection:-
(a) If the secretary of state denies a corporation’s application for reinstatement following administrative dissolution, he shall provide the corporation with a written notice that explains the reason or reasons for denial.
SECTION 25. Section 15.30 of chapter 156D, as so appearing, is hereby further amended by striking said section and inserting in place thereof:-
Section 15.30. Grounds for Revocation
The secretary of state may commence a proceeding under section 15.31 to revoke the authority of a foreign corporation to transact business in the commonwealth if:
• the foreign corporation has failed for 2 or more consecutive years to comply with the law regarding the filing of reports with the secretary of state or the filing of tax returns or the payment of any taxes under chapter 62C or Chapter 63 for 2 or more consecutive years; or
• the payment of any fee due the commonwealth was dishonored when presented for payment and the corporation has failed to make payment within 20 days after written notice of such failure was mailed to the corporation.
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An Act relative to updating the state "Move Over" law
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S2240
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SD72
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:09:00.42'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:09:00.42'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-13T13:14:31.2733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2240/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2240) of Anne M. Gobi for legislation relative to updating the state "Move Over" law. Transportation.
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SECTION 1. Chapter 89 of the General Laws is hereby amended in section 7C (a) by adding the following definition:
“Disabled vehicle”, a motor vehicle that has been abandoned or rendered inoperable by mechanical failure or accident.
And further, by striking out subsection (2) © in its entirety and inserting in place thereof the following:-
(c) Violation of this section may be punishable by a fine of $250 for a first offense, by a fine of $500 for a second offense, and by a fine of $1,000 for a third or subsequent offense; provided that any violation that results in bodily injury may be punishable by a fine of $2500 or up to one year in a jail or house of correction.
And further, at the end after (c) by adding the following section:
(d) In addition to any fines pursuant to subsection c, an operator who commits a second or third offense shall be required to complete a program selected by the registrar of motor vehicles that encourages a change in driver behavior and attitude about the “Move Over Law” to be paid by the violator.
(e) A first or second offense under this section shall not be a surchargeable incident under section 113B of chapter 175 or under a motor vehicle liability policy as defined in section 34A that is issued pursuant to said chapter 175; provided, however, that a third or subsequent offense or a violation that results in bodily injury shall be a surchargeable incident under said section 113B of said chapter 175 or under a motor vehicle liability policy as defined in said section 34A that is issued pursuant to chapter 175.
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An Act to ensure financial viability in the transportation of farm goods
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S2241
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SD77
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:22:51.857'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:22:51.8566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2241/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2241) of Anne M. Gobi for legislation relative to permitting fees for operating multiple vehicles under a single farm plate registration. Transportation.
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Section 30A of Chapter 85 of the General Laws is hereby amended by adding to subsection (5), prior to the last sentence of that paragraph, the following words:-
“However, a farmer or person involved in the harvesting of forest products as defined by the regulations of the registry of motor vehicles, who is operating multiple vehicles under a single farm plate registration under the provisions of MGL Chapter 90 Section 5, shall be required to pay a single fee which shall cover permits for all vehicles operating under said registration. The fee shall be based on that vehicle operating under this registration, with the greatest difference between the weight for which the permit is issued and the weight for which the vehicle is registered.”
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An Act to establish standards for quarry licensing and the testing for pyrite minerals
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S2242
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SD92
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:44:45.117'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:44:45.1166667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-12T15:11:40.3666667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-30T15:45:15.72'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-07T11:48:19.3533333'}, {'Id': 'PJD2', 'Name': 'Peter J. Durant', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJD2', 'ResponseDate': '2023-02-09T13:26:13.1966667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-14T09:20:43.59'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-02-14T09:20:43.59'}, {'Id': 'TMS2', 'Name': 'Todd M. Smola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS2', 'ResponseDate': '2023-02-14T09:20:43.59'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-14T09:20:43.59'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-02-15T15:22:07.4033333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T13:16:14.7633333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-21T13:16:14.7633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T13:16:14.7633333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-23T15:32:08.6966667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-28T17:19:41.1633333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-28T17:19:41.1633333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-01T12:26:55.4666667'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-02T16:02:44.2766667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-06T16:29:22.79'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-07T14:43:09.4533333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-03-15T09:29:43.4966667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-17T09:35:54.42'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-17T09:35:54.42'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-03-23T10:49:34.58'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-03-29T10:26:52.7033333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-29T10:26:52.7033333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-29T15:57:34.4533333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-29T15:57:34.4533333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-12T09:36:53.6933333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-09-26T13:07:43.6366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2242/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2242) of Anne M. Gobi, Ryan C. Fattman, Brian M. Ashe, Jacob R. Oliveira and other members of the General Court for legislation to establish standards for quarry licensing and the testing for pyrite minerals. Transportation.
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SECTION 1. Chapter 6C of the General Laws is hereby amended by adding the following section:-
Section 78. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Aggregate”, granular materials such as gravel, sand and crushed rock that are combined for a particular purpose.
“Certified geologist”, a professional geologist certified by the American Institute of Professional Geologists.
“Concrete aggregate”, natural sand, natural gravel or crushed aggregate products produced from ledge rock.
(b) Any person seeking to mine, expand, excavate or otherwise operate a quarry, sand and gravel operation, or any other aggregate source for the purpose of producing concrete aggregate for sale or use in foundations, structural elements or infrastructure, such as roadways and bridges, shall submit to the department and the state geologist an application for a license to conduct such activity.
Each license application shall consist of: (i) a description of the geographic location of the aggregate source; (ii) an operations plan, including, but not limited to, mining, processing, storage and quality control methods; (iii) a geological source report, consistent with subsection (c); and (iv) the results of aggregate testing for the presence of pyrite or pyrrhotite, consistent with subsection (d). Each license application shall be accompanied by a fee in an amount to be determined by the department. Fees received by the department under this section shall be used to implement this section; provided, however, that any surplus fee receipts shall be deposited into the General Fund.
(c) The geological source report required in subsection (b) shall be prepared by a certified geologist in a form and manner prescribed by the department, in consultation with the state geologist, a representative nominated by the Massachusetts Aggregate and Asphalt Pavement Association, and a representative nominated by the Massachusetts Concrete and Aggregate Producers Association, Inc., and shall include, but not be limited to: (i) a description of the characteristics of the aggregate to be excavated at the subject location; (ii) a description of the products to be produced at such location; (iii) a copy of the results of an inspection of face material and geologic log analysis conducted not more than 60 days prior to the date of the report; and (iv) petrographic analyses of grab or core samples representative of the material being actively mined. A geological source report prepared under this subsection shall be valid for a period of 1 year from the date of preparation.
(d) Aggregate testing to identify the presence of pyrite or pyrrhotite required in subsection (b) shall include, but not be limited to, a total sulfur test to measure total sulfur content in a representative sample. Aggregate testing shall be performed by an accredited laboratory in accordance with applicable standards established by American Society of Testing and Materials International standards or alternate standards to be determined by the department in consultation with the state geologist.
(e) The Secretary of Transportation or a designee, in consultation with the state geologist, shall review each license application submitted pursuant to this section and notify each applicant whether the license has been approved and any applicable conditions of operation. If the application is denied, the notification shall include the reason for denial. A license granted under this section shall be valid for 1 year from the date of approval. A license shall be approved if the total sulfur content is less than 0.1 per cent by mass. A license shall not be approved if the total sulfur content is not less than 1 per cent by mass. If the total sulfur content is equal to or greater than 0.1 per cent by mass but less than 1 per cent by mass, the license applicant shall be required to perform x-ray diffraction, magnetic susceptibility, or petrographic analyses to determine the presence and relative abundance of pyrrhotite in the sample. A license shall be approved if the results of said additional tests indicate that no pyrrhotite is present in the sample. A license shall not be approved if the results of said tests indicate that pyrrhotite is present in the sample. Aggregate test results demonstrating a total sulfur content of less than 0.1 percent by mass for five consecutive years shall be valid for a period of five years from the date of the most recent testing, provided, however, that annual geological source reports are submitted to the department. The state geologist may require additional testing or information to justify an approval recommendation.
(f) A person owning or operating an aggregate source subject to licensure pursuant to this section shall maintain all records relevant to such licensure and operation, including, but not limited to, a record of sale for all aggregate, for not less than 10 years.
(g) A person owning or operating a concrete production facility for the purpose of sale or use in foundations, structural elements, or infrastructure, such as roadways and bridges, in receipt of aggregate material from a source licensed pursuant to this section shall maintain a record of the aggregate sources used in individual concrete batches for not less than 10 years.
(h) The department, in consultation with the state geologist, shall catalogue and maintain the data collected under this section.
(i) Nothing in this section shall prohibit a municipality from requiring permits for quarry operation or excavation or from establishing pyrite and pyrrhotite presence restrictions that are more stringent than those set forth in this section.
(j) Nothing in this section shall affect the operations of quarries producing aggregate for purposes other than those described in subsection (b).
(k) The department, in consultation with the state geologist, shall promulgate regulations to implement this section.
SECTION 2. Section 78 of chapter 6C of the General Laws shall be effective on December 31, 2023; provided, however, that entities licensed to operate a quarry or sand and gravel operation in the commonwealth before the effective date of this act that are affected by said section 88 of said chapter 6C shall meet the requirements of said section 78 of said chapter 6C not later than December 31, 2023; provided further, that any work conducted by such an entity prior to December 31, 2023 shall comply with existing regulations.
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An Act relative to year of manufacture registration plates
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S2243
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SD114
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:50:02.68'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:50:02.68'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-02T16:03:14.09'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2243/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2243) of Anne M. Gobi and Steven George Xiarhos for legislation relative to year of manufacture registration plates. Transportation.
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SECTION 1. Notwithstanding any general or special law or regulation to the contrary, Section 6 of Chapter 90 of the General Laws, as appearing in the 2022 official edition, shall be amended by inserting after the word “section” in line 42 the following:-
“However, the restoration of year of manufacture registration plates, painted and restored to their original year of manufacture colors and design, will not be considered altering such registration plates when used on antique automobiles.”
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An Act relative to electric foot scooter operating requirements
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S2244
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SD782
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-18T12:30:38.14'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-18T12:30:38.14'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-13T13:11:35.81'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-06-01T10:03:41.85'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-09-26T13:07:24.12'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2244/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2244) of Anne M. Gobi for legislation relative to electric foot scooter operating requirements. Transportation.
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SECTION 1. Section 1 of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following definitions:
“Electric foot scooter”, any device weighing less than 100 pounds, with two or three wheels, handlebars and a floorboard that can be stood upon while riding, which is solely powered by an electric motor and/or human power, and whose maximum speed, with or without human propulsion on a paved level surface, is no more than twenty miles per hour. An electric foot scooter is not a motorized scooter.
“Shared mobility device,” an electric foot scooter, a motorized scooter, or other similar personal transportation device, that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform.
“Shared mobility device provider,” a company or other entity that makes shared mobility devices available for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform.
SECTION 2. Section 1 of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended as follows: In line 6 of the definition of “motorized scooter”, adding the words “or an electric foot scooter”.
"Motorized scooter'', any 2 wheeled tandem or 3 wheeled device that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas powered motor that is capable of propelling the device with or without human propulsion. The definition of "motorized scooter'' shall not include a motorcycle or motorized bicycle or a 3 wheeled motorized wheelchair or an electric foot scooter.
In line 14 of the definition of “motor vehicles”, adding the words “or electric foot scooters” following “bicycles”.
"Motor vehicles'', all vehicles constructed and designed for propulsion by power other than muscular power including such vehicles when pulled or towed by another motor vehicle, except railroad and railway cars, vehicles operated by the system known as trolley motor or trackless trolley under chapter one hundred and sixty-three or section ten of chapter five hundred and forty-four of the acts of nineteen hundred and forty-seven, vehicles running only upon rails or tracks, vehicles used for other purposes than the transportation of property and incapable of being driven at a speed exceeding twelve miles per hour and which are used exclusively for the building, repair and maintenance of highways or designed especially for use elsewhere than on the travelled part of ways, wheelchairs owned and operated by invalids and vehicles which are operated or guided by a person on foot; provided, however, that the exception for trackless trolleys provided herein shall not apply to sections seventeen, twenty-one, twenty-four, twenty-four I, twenty-five and twenty-six. The definition of "Motor vehicles'' shall not include motorized bicycles or electric foot scooters. In doubtful cases, the registrar may determine whether or not any particular vehicle is a motor vehicle as herein defined. If he determines that it should be so classified, he may require that it be registered under this chapter, but such determination shall not be admissible as evidence in any action at law arising out of the use or operation of such vehicle previous to such determination.
SECTION 3. Chapter 90 of the General Laws, is hereby amended by inserting after Section 1I the following section:-
Section 1J. An electric foot scooter shall not be operated upon any way, as defined in section one within the commonwealth, at a speed in excess of twenty miles per hour.
An electric foot scooter may be operated where bicycles are permitted to travel, and a person operating an electric foot scooter shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting electric foot scooters or bicycles have been posted. An electric foot scooter may be parked on a sidewalk in a manner not impeding the normal flow of pedestrian traffic.
An electric foot scooter operator shall be subject to all traffic laws and regulations of the commonwealth, provided that 1) an electric foot scooter operator shall keep to the right side of the road, including when passing a motor vehicle which is moving in the travel lane of the way, unless the electric foot scooter operator is preparing to execute a left turn or when reasonably necessary to avoid hazardous conditions; 2) an electric foot scooter operator shall yield to pedestrian traffic at all times.
An electric foot scooter shall be equipped with a brake, and, when in use at nighttime, with lights visible from the front and the rear.
Every person under age sixteen operating an electric foot scooter shall wear protective headgear conforming with such minimum standards of construction and performance as the registrar may prescribe.
No person operating an electric foot scooter shall permit any other person to ride as a passenger on the electric foot scooter.
A person convicted of a violation of this section shall be punished by a fine of not more than twenty-five dollars for the first offense, not less than twenty-five nor more than fifty dollars for a second offense, and not less than fifty nor more than one hundred dollars for subsequent offenses committed.
Shared mobility device insurance requirements:
(A)The shared mobility service provider must maintain commercial general liability insurance coverage with limits not to exceed one million dollars ($1,000,000) for each occurrence for bodily injury or property damage caused by the shared mobility device, including contractual liability, personal injury, and product liability and completed operations, and not less than two million dollars ($2,000,000) aggregate for all occurrences caused by the shared mobility device during the policy period. The insurance shall not exclude coverage for injuries or damages caused by the shared mobility service provider to the shared mobility device user.
(B) The shared mobility service provider must offer, or make available to the shared mobility device operator to obtain, insurance coverage for personal bodily injury or death suffered by a pedestrian when the injury or death involves, in whole or in part, the negligent conduct of the shared mobility device user, of an amount not to exceed ten thousand dollars ($10,000) for each occurrence of personal bodily injury to, or death of, one pedestrian in any one accident. A shared mobility service provider shall not allow an operator to ride a shared mobility device without the coverage described in this subsection.
A shared mobility service provider may partner with an insurer to provide an option to its users via its digital application or other electronic platform where the user may purchase insurance coverage for bodily injury or death suffered by a pedestrian when the injury or death involves, in whole or in part, the negligent conduct of the user of a shared mobility device, of at least ten thousand dollars ($10,000) for each occurrence of bodily injury to, or death of, one pedestrian in any one accident. The shared mobility service provider may fund the cost of providing this coverage itself and pass the cost on in its standard fee to users, or through a separate charge to users.
Nothing in this section shall prohibit a provider from requiring a user to enter into an indemnity contract whereby the user will indemnify the provider for the user’s proportionate share of liability. The indemnity contract shall not require the user to defend or indemnify the provider for the provider’s negligence or willful misconduct. This section shall not be waived or modified by contractual agreement, act, or omission of the parties.
SECTION 4. Said chapter 90 is hereby further amended by inserting after section 1J the following section:-
Section 1K. Within 90 days after this Act is effective, the department shall issue recommendations regarding best practices for the safe operation of electric foot scooters. The recommendations and best practices may: (1) establish vehicle specifications and speed limits;
(2) establish age restrictions; (3) establish guidelines or restrictions on the operation of electric foot scooters on sidewalks; (4) address data sharing and protection requirements for persons or entities offering electric foot scooters for hire and local authorities; (6) address fines to be assessed for violations upon electric foot scooters; and (7) address any other matters related to safe operation of electric foot scooters.
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An Act relative to the fueling and confiscation of off-road vehicles
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S2245
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SD702
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-17T18:50:20.637'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-17T18:50:20.6366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2245/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 2245) of Adam Gomez for legislation relative to the fuel and confiscation of off-road vehicles. Transportation.
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SECTION 1. Chapter 94 Section 295A of the General Laws is hereby amended by inserting after the eighth paragraph the following paragraph:-
“The term “off-road vehicle” shall mean any motor vehicle designed or modified for use over unimproved terrain for recreation or pleasure including, but not limited to, all-terrain vehicles, off-highway motorcycles, dirt bikes, utility terrain vehicles, and any motorized vehicle not permitted to be operated on a public way as defined in chapter 90.”.
SECTION 2. Chapter 94 of the General Laws is hereby amended by inserting after Section 295E the following paragraph:-
“Section 295E1/2. No retail dealer shall sell or deliver motor fuel from a dispensing device directly into an off-road vehicle, as defined in section two hundred and ninety-five A. The provision of the previous sentence includes the sale of motor fuel which is dispensed from a self-service pump operated by a customer.”.
SECTION 3. Chapter 90B, Section 26C, subsection (d) of the General Laws is hereby amended by inserting after the phrase:- “not prohibited by law including” the words:- “destruction of the property,”.
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An Act relative to fare free buses
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S2246
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SD1186
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T16:30:13.333'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T16:30:13.3333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T15:41:41.4566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T11:34:52.7833333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T15:03:39.67'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-23T16:50:01.9166667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T16:50:01.9166667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-24T09:20:43.19'}]
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 2246) of Patricia D. Jehlen, Vanna Howard, James B. Eldridge, Michael O. Moore and other members of the General Court for legislation relative to fare free buses. Transportation.
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SECTION 1. (a) There shall be within the Massachusetts Bay Transportation Authority, a pilot program for fare free buses. The program shall establish a minimum 1 year pilot, whereby, access to bus service is free for any person who boards an MBTA bus, without pass, cash fare, or CharlieTicket. The program may include all MBTA bus routes and shall at a minimum include no less than 10 priority bus routes as established by the MBTA, and 10 routes that are not top 20 routes, but that experienced higher than average ridership between the months of March 2020-December 2020. The program shall include no less than 3 routes that operate with terminuses at: 1. MBTA commuter rail suburban stations; 2. MBTA heavy rail or subway stations; 3. bus depot destinations.
(b) There shall be a fare free MBTA bus advisory group consisting of 10 members to oversee the pilot program. The advisory group shall include: the general manager of the MBTA; the director of bus operations; the secretary of transportation or a designee from the department; 1 members of the fiscal management and control board chosen by the board at a public meeting; a labor designee; the executive director of LivableStreets or a designee; the executive director of ACE or designee; 1 member of the MBTA advisory council, chosen by the council; 1 person representing people with disabilities; 1 seat for an Environmental Justice municipality within the MBTA region.
(c) The fare free MBTA bus advisory group shall create, with the assistance of MassDOT and MBTA staff, goals, standards, and key metrics for the development and tracking of the fare free bus pilot. It shall hold public meetings at which public testimony will be accepted not less than quarterly and present all relevant data and implementation information. The advisory group shall form sub-groups as needed, including to evaluate the impacts on ridership, equity, increase in access to MBTA heavy rail, system efficiency, on-time performances of bus routes, any cost savings as compared to fare revenue impact, impact on fare evasion, impact on bus driver and rider incidents, or any other area identified by the advisory group. The advisory group shall identify ridership community representatives for each of the routes that are part of the pilot and those representatives shall be allowed to participate in each of the meetings or portions of meetings where those routes are discussed. The advisory group shall have full access to any data or record related to the pilot. The MBTA and MassDOT shall identify and assign a team of staff dedicated solely to the support of the advisory group and the performance of the pilot.
(d) The pilot shall commence not later than December 31, 2024. The advisory group shall present formal findings not less than every six months thereafter to the joint fiscal management and control board and MassDOT Boards. A final report on the pilot shall be submitted to the joint fiscal management and control board and MassDOT boards not later than 3 months after the conclusion of the pilot.
SECTION 2. (a) All Regional Transit Authorities operating in Massachusetts shall operate a pilot program for fare free buses. The program shall establish a minimum 1 year pilot, where by, access to bus service is free for any person who boards an RTA bus, without pass or cash fare. The RTA program may include all bus routes within the specified Regional Transit Authority and shall include at least one route that experienced higher than average ridership between the months of March 2020-December 2020.
(b) There shall be a fare free RTA advisory group to oversee the pilot program. The advisory group shall include: 1 representative from each participating RTA; the secretary of transportation or a designee from the department; 1 member of RTAAC; 1 person representing people with disabilities; 1 member from an Environmental Justice community in a participating RTA region; 1 municipal designee within a participating RTA region.
(c) The fare free bus RTA advisory group shall create, with the assistance of MassDOT staff, establish goals, standards, and key metrics for the development and tracking of the fare free bus pilot. It shall hold public meetings at which public testimony will be accepted not less than quarterly and present all relevant data and implementation information. The advisory group shall form sub-groups as needed, including to evaluate the impacts on ridership, equity, increase in access to MBTA heavy rail, system efficiency, on-time performances of bus routes, any cost savings as compared to fare revenue impact, impact on fare evasion, impact on bus driver and rider incidents, any expansion routes or linkage routes that could be brought online, or any other area identified by the advisory group. The advisory group shall identify ridership community representatives for each of the routes that are part of the pilot and those representatives shall be allowed to participate in each of the meetings or portions of meetings where those routes are discussed. The advisory group shall have full access to any data or record related to the pilot. MassDOT shall identify and assign a team of staff dedicated solely to the support of the advisory group and the performance of the pilot.
(d) The pilot shall commence not later than December 31, 2024. The advisory group shall present formal findings not less than every six months thereafter to the joint fiscal management and control board and MassDOT Boards. A final report on the pilot shall be submitted to the joint fiscal management and control board and MassDOT boards not later than 3 months after the conclusion of the pilot.
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An Act relative to the annual fee for veterans' license plates
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S2247
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SD1986
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T11:24:20.553'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-20T11:24:20.5533333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-25T12:55:55.8'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2247/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 2247) of Patricia D. Jehlen and Joseph D. McKenna for legislation relative to the annual fee for veterans' license plates. Transportation.
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Section 2 of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 466-469, the following words:- “There shall be an annual $20 fee for such “VETERAN” plates in addition to the established registration fee for private passenger motor vehicles and motorcycles.”
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An Act directing the Massachusetts Bay Transportation Authority to place naloxone at Red Line stations
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S2248
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SD733
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T15:51:24.853'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T15:51:24.8533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2248/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 2248) of John F. Keenan for legislation to direct the Massachusetts Bay Transportation Authority to place naloxone at Red Line stations. Transportation.
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Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall create and administer an 18-month pilot program providing for placement of accessible naloxone at all Massachusetts Bay Transportation Authority Red Line stations. Each of the stations shall have 3 freestanding unalarmed naloxone boxes. Each box shall contain 2 units of 4 milligram intranasal naloxone spray. The boxes shall be checked daily by Massachusetts Bay Transportation Authority personnel to replace used naloxone and to create a record of naloxone used each day. Flyers shall be mounted around the naloxone box with information relating to naloxone training. Instructions on how to use naloxone in the event of an emergency shall be displayed near the boxes. The Massachusetts Bay Transportation Authority shall file a report on the efficacy of the pilot program with the clerks of the senate and house of representatives, the joint committee on mental health, substance use and recovery and the senate and house committees on ways and means. The report shall include an evaluation of the benefits and costs of the pilot program, including, but not limited to, the record of naloxone used each day, and make recommendations on improving and expanding the pilot program throughout other transportation services in the commonwealth. The report shall be filed no sooner than 12 months and no later than 18 months after enactment.
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An Act directing the Massachusetts Department of Transportation to conduct a highway noise study in Quincy
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S2249
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SD736
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T14:39:11.833'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T14:39:11.8333333'}, {'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-04-03T14:43:09.9266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2249/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 2249) of John F. Keenan for legislation to direct the Department of Transportation to conduct a highway noise study in Quincy. Transportation.
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Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation is hereby directed to conduct a comprehensive noise study along the northbound and southbound sides of Route I-93 in the city of Quincy from exit 10, Squantum Street/Milton to the I-93/Route 3 split and continuing along the northbound and southbound sides of Route 3 and appurtenant on and off ramps to the Washington Street Bridge in the town of Braintree, to determine the ambient noise level generated by the existing Route I-93 traffic. Said study shall be conducted by an acoustical engineer employed by or on behalf of the Massachusetts Department of Transportation.
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An Act to improve the economy of the commonwealth
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S225
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SD631
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-17T14:47:31.077'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-17T14:47:31.0766667'}]
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 225) of John J. Cronin for legislation to improve the economy of the commonwealth. Economic Development and Emerging Technologies.
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SECTION 1. Subsection (a) of section 19 of chapter 23K of the general laws is hereby amended by striking out clause (1) and inserting in place thereof the following clause (1):
“(1) region A: suffolk, middlesex, essex and norfolk counties;”
SECTION 2. Said subsection (a) of said section 19 of said chapter 23K, as so appearing, is hereby further amended by striking out, at the end of clause (2), the word “and”.
SECTION 3. Said subsection (a) of said section 19 of said chapter 23K, as so appearing, is hereby further amended by striking out, at the end of clause (3), the word “counties“ and inserting in place thereof the following words:-
“counties; and”
SECTION 4. Said subsection (a) of said section 19 of said chapter 23K, as so appearing, is hereby further amended by inserting after clause (3) the following clause (4):
“(4) region D: consisting of the cities and towns located in the Worcester Northern District Registry of Deeds, being Ashburnham, Fitchburg, Leominster, Lunenburg, and Westminster.”
SECTION 5. Said section 19 of said chapter 23K, as so appearing, is hereby further amended by inserting a new subsection (h), which shall provide as follows:
“(h) No gaming license shall be issued by the commission in region D unless it shall be situated on a site containing not less than 70 contiguous acres.”
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An Act relative to private detectives and private investigators
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S2250
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SD2012
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-20T11:44:22.81'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-20T11:44:22.81'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-03-16T11:15:37.5033333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-03-16T11:15:37.5033333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-22T14:36:50.68'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-30T17:06:52.73'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2250/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 2250) of John F. Keenan for legislation relative to private detectives and private investigators. Transportation.
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SECTION 1. Section 30A of chapter 90 of the General Laws is hereby amended by inserting after the word “policies” the following words:- , private detectives and private investigator as defined in section 22 of chapter 147 and licensed in accordance with section 25 of chapter 147,
SECTION 2. Section 30 of chapter 147 is hereby amended by adding after paragraph 11 the following two paragraphs:-
12. Use computer data or equipment under the control of the registrar of motor vehicles in accordance with section 30A of chapter 90 for any purpose inconsistent with section 22 of chapter 147.
13. Access the facial recognition system operated by the registry of motor vehicles.
SECTION 3. Section 30 of chapter 147 is further amended by inserting after the word "both” in line 39 the following words:- ; provided, the license of a licensee who violates paragraphs 12 and 13 shall be revoked.
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An Act to provide identification to youth and adults experiencing homelessness
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S2251
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SD1243
| 193
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{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-19T12:52:30.56'}
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[{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-19T12:52:30.56'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T10:47:37.3433333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-31T10:43:47.9733333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T13:23:56.8066667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-21T16:50:55.61'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T14:40:38.9866667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-07T16:04:12.1366667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-11T14:04:43.83'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T09:57:16.77'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-10T10:23:09.6133333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-05-31T16:49:24.5433333'}]
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Bill
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By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 2251) of Robyn K. Kennedy, Rebecca L. Rausch, Anne M. Gobi, Sal N. DiDomenico and other members of the Senate for legislation to provide identification to youth and adults experiencing homelessness. Transportation.
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Section 8E of Chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following 2 paragraphs:-
When establishing criteria for identification cards, the registrar’s regulations shall include a process for a person who is homeless or is an unaccompanied homeless youth to apply for a Massachusetts identification card and to waive any fees associated with obtaining the identification card; provided, however, that the process shall allow for a person who is homeless or is an unaccompanied homeless youth to submit proof of residency by providing documentation that is satisfactory to the registrar and that: (i) is from an entity that provides services in the commonwealth, including, but not limited to, homeless service providers; or (ii) is evidence of services that the person received from a department, division, office or agency of the executive office of health and human services. The registrar and the state secretary shall enter into a memorandum of understanding under section 42G ½ of chapter 51 to implement this paragraph, as appropriate.
For the purposes of this section, the following terms shall have the following meanings:
“Homeless”, shall have the same meaning as in section 103 of the Stewart B. McKinney Homeless Assistance Act of 1987, 42 USC 11302(a), as amended.
“Unaccompanied homeless youth”, a person who: (i) is 24 years of age or younger; (ii) is not in the physical custody or care of a parent or legal guardian; and (iii) lacks a fixed, regular and adequate nighttime residence.
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[{'GeneralCourtNumber': 193, 'Branch': 'Senate', 'RollCallNumber': 58, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Branches/Senate/RollCalls/58'}]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J27', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J27'}, 'Votes': []}, {'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'S30', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S30'}, 'Votes': [{'Question': 'Ought to pass', 'Bill': {'BillNumber': 'S2251', 'DocketNumber': 'SD1243', 'Title': 'An Act to provide identification to youth and adults experiencing homelessness', 'PrimarySponsor': {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-19T12:52:30.56'}, 'Cosponsors': [{'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-19T12:52:30.56'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T10:47:37.3433333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-31T10:43:47.9733333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T13:23:56.8066667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-21T16:50:55.61'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T14:40:38.9866667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-07T16:04:12.1366667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-11T14:04:43.83'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T09:57:16.77'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-10T10:23:09.6133333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-05-31T16:49:24.5433333'}], 'JointSponsor': None, 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2251', 'IsDocketBookOnly': False}, 'Committee': {'CommitteeCode': 'S30', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S30'}, 'Date': '2023-07-24T14:30:00', 'Vote': [{'Favorable': [{'GeneralCourtNumber': 193, 'MemberCode': 'MJR0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJR0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'CFF0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'MDB0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'JJC0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'PRF0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'A_G0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'PDJ0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'JFK0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'jml0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'L M0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'MOM0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'MFR0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'PMO', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO'}, {'GeneralCourtNumber': 193, 'MemberCode': 'BET0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0'}], 'Adverse': [], 'ReserveRight': [], 'NoVoteRecorded': [{'GeneralCourtNumber': 193, 'MemberCode': 'JMC0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'LME0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'RCF0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0'}]}]}]}]
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An Act relative to peer to peer car sharing
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S2252
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SD1014
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:30:53.3'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:30:53.3'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2252) of Jason M. Lewis for legislation relative to peer to peer car sharing. Transportation.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 182 the following chapter:-
Chapter 183. Peer to peer car sharing
Section 1.As used in this section the following words have the following meanings:-
(a) “Personal vehicle sharing program”, a legal entity qualified to do business in this state engaged in the business of facilitating the sharing of private passenger motor vehicles for noncommercial use by individuals within this state.
(b) “Department”, the department of public utilities.
Section 2. (a) In consultation with the department, a personal vehicle sharing program shall provide the vehicle registration information of each vehicle offered for rent to the department and to the Massachusetts Department of Transportation.
(b) A personal vehicle sharing program shall provide clear and conspicuous transportation cost estimates to consumers including potential additional charges.
(c) A personal vehicle sharing program shall affix a clear and conspicuous symbol to each vehicle in use by any person other than its owner through a personal vehicle sharing program. The symbol shall be approved by the department of public utilities prior to use of any vehicle through a personal vehicle sharing program.
(d) In consultation with state police, local law enforcement and the registry of motor vehicles, the department shall ensure the safety and inspection of vehicles in the network of the personal vehicle sharing program.
Section 3. (a) If the department determines, after notice and a hearing, that a personal vehicle sharing program is in violation of this section or any rule or regulation promulgated under this section, the department shall issue a monetary penalty or take other action that the department deems necessary. In determining the amount of the monetary penalty, the department shall consider, without limitation, the size of the personal vehicle sharing program based on a personal vehicle sharing program’s intrastate operating revenues for the previous calendar year, the gravity of the violation, the degree to which the personal vehicle sharing program exercised good faith in attempting to achieve compliance or to remedy non-compliance and previous violations by the personal vehicle sharing program cited by the department.
The department shall issue rules and regulations to establish a process for administrative appeal of any penalty, suspension or revocation imposed in accordance with this section.
(b) Any party aggrieved by a final order or decision of the department pursuant to this section may institute proceedings for judicial review in the superior court within 30 days after receipt of such order or decision. Any proceedings in the superior court shall, insofar as applicable, be governed by the provisions of section 14 of chapter 30A, and may be instituted in the superior court for the county (i) where the parties or any of them reside or have their principal place of business within the commonwealth; (ii) where the department has its principal place of business; or (iii) of Suffolk. The commencement of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the department’s order or decision.
Section 4. The department in consultation with the Massachusetts Department of Transportation, shall promulgate regulations to implement this section.
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An Act to strengthen the review process for a medically conditioned license to operate a motor vehicle
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S2253
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SD1015
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:32:19.793'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:32:19.7933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2253/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2253) of Jason M. Lewis for legislation to strengthen the review process for a medically conditioned license to operate a motor vehicle. Transportation.
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SECTION 1. Section 8C of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the section in its entirety and inserting in place thereof the following section:-
“Section 8C. There is hereby created in the registry a medical advisory board, consisting of the commissioner of the department of public health or his designee, who shall serve as chairman thereof, and fifteen members appointed by the registrar and approved by said commissioner, who shall be registered under the laws of the commonwealth as qualified physicians, optometrists or chiropractors, but not more than one of said appointees shall be a chiropractor and not more than one of said appointees shall be an optometrist. The members of the said board except said commissioner, shall serve at the pleasure of the registrar. The registrar may refer to said board for advisory opinions on standards of fitness for applicants for learner's permits or licenses to operate motor vehicles, and, in addition, for advisory opinions on the applications of persons who apply for learner's permits or licenses to operate motor vehicles or whose right to operate has been suspended or revoked, or whenever the registrar has reason to believe that the operation of a motor vehicle by such persons upon any way or in any place to which members of the public have access as invitees or licensees would be a threat to the safety and the welfare of the public because of physical or mental disability. The board shall develop a more stringent review process for the review of applications submitted by operators who have had a license suspended or revoked due to the driver’s demonstrated inability to operate a vehicle because of an illness that requires ongoing monitoring and active management of the illness. This review shall examine closely the driving and criminal record of the applicant. The registrar, upon the recommendation of the board, shall either deny or conditionally approve the application. If the application is conditionally approved, the registrar shall condition the license with reasonable requirements that the operator demonstrate their continued ability to responsibly operate a motor vehicle through responsible management and treatment of their condition. Upon receipt of an application for a medical exemption for the benefit of the owner or operator of a motor vehicle whose vision is determined by the board to be light sensitive or photosensitive, said board shall grant an exemption indicating the need for special window treatment as a medical necessity. The board shall meet at the call of said commissioner at such times and places as he may select, but shall convene at the request of the registrar. Said commissioner shall provide such facilities as he may determine to be necessary or appropriate to the function of the board. Each member of the board shall receive as compensation for his service thereon a sum not to exceed thirty-five dollars for each meeting he attends."
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An Act to protect motorists from excessive EZ-Pass fees and fines
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S2254
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SD1016
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:33:03.197'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:33:03.1966667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-26T09:59:00.1266667'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2254) of Jason M. Lewis and Steven Owens for legislation to protect motorists from excessive EZ-Pass fees and fines. Transportation.
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Section 13 of chapter 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (c) the following subsection:-
(d) The department shall regularly review fees and fines assessed on EZ-Pass account holders. At least once a month the department shall identify accounts with more than $100 in outstanding fees and fines that have been assessed on unpaid tolls. The department shall attempt to make contact with these account holders using all possible means to let them know their account status and to explain actions they can take to address their account balances. These efforts shall include, but are not limited to, comparing address information on file with the national change of address registry, communicating with the account holder by email, and calling the account holder by cell and home phone.
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An Act to explore alternative funding sources to ensure safe and reliable transportation
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S2255
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SD1018
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:37:13.933'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:37:13.9333333'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2255) of Jason M. Lewis for legislation explore alternative funding sources to ensure safe and reliable transportation. Transportation.
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SECTION 1. This bill is intended to help address the need for the commonwealth to identify short- and long-term alternatives or supplements to the motor vehicle fuel tax, which is particularly important given the diminishing value of the motor vehicle fuel tax, declining supplies of conventional petroleum-based fuels, and increasing fuel-efficient vehicles. The commonwealth is uniquely positioned to become a leader in the advancement of technology and methods needed to develop and implement alternative ways to raise transportation revenue.
SECTION 2. TASK FORCE
(a) There shall be a vehicle mileage user fee task force to guide the development and evaluation of a pilot program to assess the potential for mileage-based revenue collection for Massachusetts’ roads and highways as an alternative to the current system of taxing highway use through motor vehicle fuel taxes.
(b) The task force shall consist of the following members: the secretary of transportation or the secretary’s designee, who shall serve as chair; 1 member to be appointed by the governor, who shall be a registered civil engineer with at least 10 years’ experience; 1 member to be appointed by the president of the senate, who shall be a representative of a transportation consumer organization or other public interest organization; 1 member to be appointed by the minority leader of the Senate, who shall be an expert in transportation data security, 1 member to be appointed by the speaker of the house of representatives, who shall be a member of a regional planning agency; 1 member to be appointed by the minority leader of the house of representatives, who shall be a member of a business association; 1 member to be appointed by the Senate Chair of the Joint Committee on Transportation, who shall be an expert in the field of transportation finance; 1 member to be appointed by the House Chair of the Joint Committee on Transportation, who shall be a representative of a privacy rights advocacy organization.
(c) The task force may request the department of transportation to perform such work as the task force deems necessary to carry out its duties and responsibilities.
(d) The task force shall gather public comment on issues and concerns related to the pilot program; make recommendations to the department of transportation on the design and on the criteria to be used to evaluate a pilot program to test alternative approaches; and evaluate any pilot program implemented by the department under this Act.
(e) The task force shall conduct at least 6 public hearings, 1 in each of the department’s highway districts. The task force shall provide interested persons with an opportunity to submit their views orally and in writing and the department may create and maintain a website to allow members of the public to submit comments electronically and to review comments submitted by others. The task force shall provide notice of each public hearing by publication in a newspaper of general circulation in the highway district in which the hearing is to be located in each of 2 successive weeks, the first publication to be at least 14 days before the day of the hearing and, if feasible, by posting a notice in a conspicuous place in the cities or towns within the highway district for at least 14 consecutive days immediately prior to the day of the hearing.
SECTION 3. PILOT PROGRAM.
(a) The department of transportation shall develop, implement and oversee one or more statewide pilot programs to assess owners of motor vehicles a user fee that is based on the number of miles traveled on roads in this state by those motor vehicles.
(b) The pilot programs shall include at least 1,000 volunteers across the commonwealth who are representative of drivers of trucks, passenger, and commercial vehicles and throughout the commonwealth, who will have on-board vehicle-mileage-counting equipment added to their vehicles, administered in a manner the department of transportation deems appropriate.
(c) The pilot programs shall test the reliability, ease of use, cost and public acceptance of technology and methods for:
(1) counting the number of miles traveled by particular vehicles;
(2) reporting the number of miles traveled by particular vehicles; and
(3) collecting payments from participants in the pilot programs.
(d) The pilot programs shall also analyze and evaluate the ability of different technologies and methods to:
(1) protect the integrity of data collected and reported;
(2) ensure drivers’ privacy; and
(3) vary pricing based on the time of driving, type of road, proximity to transit, vehicle fuel efficiency, participation in car-sharing or pooling or income of the driver.
(e) The pilot programs shall last at least one year.
(f) The department of transportation shall refund motor vehicle fuel taxes paid by participants in pilot programs under this Act or otherwise compensate participants in pilot programs under this Act to ensure that participants are not required to spend more on fees or taxes than if they had not participated in the program. Identifying information about participation in the pilot programs shall not be public and shall be exempt from disclosure under M.G.L. c. 66, s. 10.
(g) The Massachusetts Department of Transportation shall submit an application to the United States Department of Transportation for funding in federal fiscal year 2024 for the Surface Transportation System Funding Alternatives Program established in the Fixing America’s Surface Transportation Act, or FAST Act to help fund the pilot program. If the application is not successful, the Massachusetts Department of Transportation shall thereafter apply in each federal fiscal year in which grants are made available for demonstration projects under this federal program or until the application results in funding for a vehicle miles traveled pilot program, whichever first occurs.
SECTION 4. REPORT. Notwithstanding any general or special law to the contrary, no later than three years from the passage of this Act, the department of transportation shall report to the general court the initial result of the pilot study, including the feasibility of permanently assessing a vehicle mileage user fee, an evaluation of the impacts of such a fee on the economy, the environment, and traffic congestion, a comparison to other potential alternatives or supplements to the gas tax, and its initial recommendations together with legislation necessary to carry its recommendations into effect by filing the same with the clerks of the senate and house of representatives, and to the joint committee on transportation.
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An Act establishing a monthly payment plan option for E-Z Drive MA tolls
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S2256
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SD1019
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T11:23:02.617'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T11:23:02.6333333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-03T09:26:11.6533333'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2256) of Jason M. Lewis and Steven Ultrino for legislation to establish monthly payment plan option for E-Z Drive MA tolls. Transportation.
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SECTION 1. Section 13 of chapter 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:-
(d)(1) The department shall establish a monthly payment plan option for persons owing tolls, fines, fees or other debts of $250 or more under the Pay By Plate or E-ZPass MA systems, as defined in 700 CMR 11.02. The minimum monthly payment due shall be $25. Upon receipt of the first payment due under a monthly payment plan, the department shall not charge any additional fines or fees on existing debts for late payment or failure to pay. The department may accept automatic monthly payments by credit or debit card on file with the department or payments made by check or money order received by mail or in person.
(2) If a person participating in a monthly payment plan is complying with all the requirements of this subsection and any regulations promulgated by the department pursuant to this subsection, the department shall not instruct the registry of motor vehicles to refuse to renew the person’s license to operate a vehicle or vehicle registration due to the existence of unpaid tolls, fines, fees or other debts owed by the person under the Pay By Plate or E-ZPass MA systems; provided, that the department shall notify the registry of motor vehicles for the registry’s records.
SECTION 2. Chapter 90 of the General Laws is hereby amended by striking out section 20G and inserting in place thereof the following section:-
Section 20G. (a) If a person fails to appear in accordance with a notice to appear issued pursuant to a Massachusetts Department of Transportation regulation or fails to pay in a timely manner a violation issued pursuant to such regulations after having received notice thereof, the authority shall notify the registrar who shall place the matter on record and shall not renew the license to operate a motor vehicle or the registrations of any vehicles owned by such person until the matter has been disposed of in accordance with applicable law or regulation. If the person is found to be a resident of another state or jurisdiction, the registrar shall revoke the violator's right to operate in the commonwealth until the matters have been disposed of in accordance with applicable law or regulation. The liability of lessors of motor vehicles for violations on facilities owned by the authority shall be governed by authority regulations in a manner consistent with the provisions of section 20E. The registrar shall prescribe the manner, form and content of any notice received from the authority to take such action.
(b)(1) Notwithstanding subsection (a), the registrar may issue a conditional reinstatement of a license to operate a motor vehicle or the vehicle registration for a person who: (i) owes tolls, fines, fees or other debts to the Massachusetts Department of Transportation under the Pay By Plate or E-ZPass MA systems, as defined in 700 CMR 11.02; (ii) is participating in the monthly payment plan option, established in subsection (d) of section 13 of chapter 6C and has completed at least 1 payment under such a monthly payment plan; (iii) is in compliance with said subsection (d) and any relevant regulations; and (iv) is otherwise qualified to hold said license or registration.
(2) The registrar shall revoke a license or registration that was conditionally reinstated pursuant to paragraph (1) if: (i) the person is more than 30 days in arrears on a payment required under a monthly payment plan entered into pursuant to subsection (d) of section 13 of chapter 6C; or (ii) for any other violation of a general or special law or regulation.
(3) Upon successful completion of the monthly payment plan established in subsection (d) of section 13 of chapter 6C, the registrar shall fully renew the person’s license and vehicle registration; provided, that the person is otherwise qualified to hold said license or vehicle registration.
SECTION 3. The Massachusetts Department of Transportation and the registrar of motor vehicles shall promulgate or amend any regulations necessary to implement this act within 5 years of its passage.
SECTION 4. This act shall take effect 120 days after passage.
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An Act to promote the safe integration of autonomous vehicles into the transportation system of the Commonwealth
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S2257
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SD1341
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T14:37:24.277'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T14:37:24.2766667'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2257) of Jason M. Lewis for legislation to promote the safe integration of autonomous vehicles into the transportation system of the Commonwealth. Transportation.
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SECTION 1. Section 63. Definitions applicable to Secs. 63 to 63F
(A) The following words, as used in Sections 63 to 63F, inclusive, shall have the following meanings:
(1) “Automated driving system” means a combination of hardware and software that has the capability to perform driving tasks by controlling and combining braking, throttle, and steering functionality without the active physical control or monitoring by a human driver.
(2) “Autonomous vehicle” means any motor vehicle equipped with an automated driving system that has been integrated into that vehicle, where the automated driving system performs all driving tasks and monitors the driving environment without the expectation that a human driver will be available to respond appropriately to a request to intervene. An autonomous vehicle does not include a vehicle that merely is equipped with one or more collision avoidance systems, including, but not limited to, electronic blind spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human driver. The term “autonomous vehicle” consists of all vehicles with driving automation at Level 4 and Level 5 as defined by SAE International as of the effective date of this legislation.
(3) “Level three vehicle” means any motor vehicle equipped with an automated driving system that has been integrated into that vehicle, where the automated driving system performs all driving tasks and monitors the driving environment with the expectation that a human driver will be available to respond appropriately to a request to intervene. A level three vehicle does not include a vehicle that merely is equipped with one or more collision avoidance systems, including, but not limited to, electronic blind spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human driver. The term “level three vehicle” consists of all vehicles with driving automation at Level 3 as defined by SAE International as of the effective date of this legislation.
(4) “Zero emissions vehicle” means a motor vehicle that produces zero exhaust emissions of any criteria pollutant or precursor pollutant, or greenhouse gas, excluding emissions from air conditioning systems, under any and all possible operating modes or conditions.
(5) The term “public transit” shall include any train, passenger bus, passenger ferry boat, water shuttle or other equipment used in public transportation owned by or operated under the authority of a regional transit authority as set forth in section 3 of chapter 161B, the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, or the Massachusetts Department of Transportation.
(6) “Department” means the Massachusetts Department of Transportation.
(7) “Registrar” means the Registrar of Motor Vehicles.
(8) An “operator” is the person or entity providing use of a level three or autonomous vehicle commercially, publicly, or privately. Operators include, but are not limited to, the following: commercial passenger transportation service companies, commercial freight service companies, transit authorities, academic or research institutions developing automated driving systems, and individual owners or lessors of privately owned autonomous vehicles.
(9) A “passenger” of a level three or autonomous vehicle is any person physically present in an autonomous vehicle while the autonomous vehicle’s automated driving system is engaged.
(10) A “manufacturer” of an autonomous vehicle is:
(a) The person or entity that originally manufactures a vehicle and equips an automated driving system on the originally completed vehicle; or
(b) In the case of a vehicle not originally equipped with an automated driving system by the vehicle manufacturer, the person or entity that modifies the vehicle by installing an automated driving system to convert it to an autonomous vehicle after the vehicle was originally manufactured.
(11) “Testing” means analysis and evaluation of level three or autonomous vehicles by a manufacturer, an operator, or an expert third party engaged by a manufacturer or operator.
(12) “Deployment” means use of autonomous vehicles by members of the public who may but need not be employees or agents of manufacturers or operators of autonomous vehicles.
Section 63A. Autonomous vehicle policy and regulatory authority
(A) It shall be the policy of the commonwealth of Massachusetts to promote the integration of autonomous vehicles into the commonwealth for the purpose of improving the transportation system and encouraging economic development, complying with greenhouse gas emissions targets set out in chapter 21N, and to allow autonomous vehicles on the public ways of the commonwealth subject to such restrictions as are necessary to ensure protection of the commonwealth’s people and environment, adequate funding of the commonwealth’s transportation infrastructure, and compliance with state and federal laws.
(B) The Department is hereby authorized in accordance with the provisions of chapter 30A to promulgate such rules as are necessary to carry out its duties under Sections 63 through 63F of this chapter and in accordance with the purpose set forth in subsection (a) of this section. In promulgating any such regulations, the Department shall seek to protect the commonwealth’s most impacted and disadvantaged communities and ensure equal protection and the equitable distribution of the benefits and costs associated with the introduction of autonomous vehicles.
Section 63B. Level three and autonomous vehicles allowed
(A) A level three vehicle may be tested on public ways within the commonwealth only if the level three vehicle:
(1) Has a failure alert system to notify the passenger when a system failure is detected;
(2) Meets the federal motor vehicle safety standards for its model year and all other applicable safety standards and performance requirements established by state and federal law;
(3) Relies on the most recent version of all software used as part of its automated driving system and such software has been updated to the latest available version within 30 days of the release of any such updated version;
(4) is clearly marked as an autonomous vehicle in a manner approved by the Registrar; and
(5) Has a system that captures and stores such data as the Department deems necessary through rules promulgated in accordance with the provisions of chapter 30A, after consultation with the Registrar. Any such system must be open-source and based on common standards, with an operating system that has been made public so that components performing the same function can be readily substituted or provided by multiple providers. The data captured and stored by such system shall include, but not be limited to, real-time distance traveled and real-time number of passengers. Data relating to real-time distance traveled and real-time number of passengers shall be stored, with the capability of being cross-referenced, for a reasonable time period as established by the Department, provided that such period shall not exceed eighteen months. Data relating to safety shall be stored for a reasonable time period after the vehicle has been removed from services, established by the Department, provided that such period shall not exceed eighteen months.
In issuing any regulations setting requirements for data collection from autonomous vehicles, the Department shall take all necessary steps:
(a) To protect the privacy of individuals including, but not limited to, the operators and passengers of autonomous vehicles; and
(b) To ensure the security of the data-collection system, the resistance of the system to tampering, and the accuracy of the data captured and stored by the system.
Such steps shall include limiting the availability of any sensitive data to the public.
(B) An autonomous vehicle may be tested or deployed on public ways within the commonwealth only if the autonomous vehicle:
(1) Has a mechanism that is readily accessible to passengers, that does not rely on wireless connectivity, and that, if engaged, forces the vehicle to expediently come to the closest safe stop and allow passengers to exit.
(2) Has a failure alert system to notify the passenger when a system failure is detected;
(3) Meets the federal motor vehicle safety standards for its model year and all other applicable safety standards and performance requirements established by state and federal law;
(4) Relies on the most recent version of all software used as part of its automated driving system and such software has been updated to the latest available version within 30 days of the release of any such updated version;
(5) is clearly marked as an autonomous vehicle in a manner approved by the Registrar; and
(6) Has a system that captures and stores such data as the Department deems necessary through rules promulgated in accordance with the provisions of chapter 30A, after consultation with the Registrar. Any such system must be open-source and based on common standards, with an operating system that has been made public so that components performing the same function can be readily substituted or provided by multiple providers. The data captured and stored by such system shall include, but not be limited to, real-time distance traveled and real-time number of passengers. Data relating to real-time distance traveled and real-time number of passengers shall be stored, with the capability of being cross-referenced, for a reasonable time period as established by the Department, provided that such period shall not exceed eighteen months. Data relating to safety shall be stored permanently.
In issuing any regulations setting requirements for data collection from autonomous vehicles, the Department shall take all necessary steps:
(a) To protect the privacy of individuals including, but not limited to, the operators and passengers of autonomous vehicles; and
(b) To ensure the security of the data-collection system, the resistance of the system to tampering, and the accuracy of the data captured and stored by the system.
Such steps shall include limiting the availability of any sensitive data to the public.
Section 63C. Level three and autonomous vehicle testing and deployment
(A) A manufacturer or operator may test level three or autonomous vehicles on the public ways of the commonwealth or may test, deploy, or sell or lease for deployment autonomous vehicles for use on the public ways of the commonwealth only if the manufacturer or operator has been certified by the Registrar.
(B) A manufacturer or operator may apply to the Registrar for certification under this section. The application shall be in the form prescribed by the Registrar in consultation with the Department. The application shall establish that:
(1) The level three vehicle or autonomous vehicle and the automated driving system meet all applicable requirements of section 63B of this chapter; and
(2) The level three vehicle or autonomous vehicle shall be operated only in accordance with Section 63D of this chapter.
(C) The Registrar, in consultation with the Department, shall promulgate rules in accordance with the provisions of chapter 30A, for the testing of level three vehicles and the testing, deployment, and sale or leasing for deployment of autonomous vehicles. The rules shall establish standards for equipment used in and for the performance of level three and autonomous vehicles that the Department determines are necessary to ensure the safe operation of such vehicles on the public ways of the commonwealth and set inspection requirements specific to such vehicles. The rules shall include a waiver for autonomous vehicles of such inspection requirements as the Registrar deems appropriate in accordance with section 7A of chapter 90. The rules shall also provide for sharing of the data captured and stored in accordance with Section 63B(a)(6), including providing the public with open access to such data, subject to such safeguards as the Registrar deems necessary for the protection of privacy. The rules may include, but need not be limited to, the following:
(1) The establishment of a pilot program for testing level three or autonomous vehicles, or the phased integration and deployment of autonomous vehicles;
(2) Limits on the number of level three or autonomous vehicles that may be tested or, in the case of autonomous vehicles, deployed at any given time on the public ways of the commonwealth;
(3) Special license requirements relating to the testing or deployment of autonomous vehicles appropriate to the class of vehicle based on weight rating or number of passengers; and
(4) Criteria for revocation, suspension, or denial of an application or certification under this section.
(D) A manufacturer or operator shall submit proof of liability insurance with an application made under this section. Such insurance shall provide coverage in an amount to be established by the Registrar.
(E) The Registrar may certify a manufacturer or operator under this section only if the Registrar determines that the level three or autonomous vehicles covered by the certification are safe to operate on the public ways of the commonwealth. Such determination shall include at a minimum a finding that the level three or autonomous vehicles covered by the certification are in compliance with all federal standards and regulations including, but not limited to, the Performance Guidance set forth by the National Highway Traffic Safety Administration and applicable Federal Motor Vehicle Safety Standards.
(F) The Registrar by rule shall establish fees for applications made under this section. The fees shall be in amounts adequate to pay all administrative costs incurred by the department in administering this part. Zero-emission vehicles shall be exempt from application fees established under this section.
Section 63D. Operation of level three and autonomous vehicles
(A) A level three vehicle from a certified manufacturer may be tested on the public ways of the commonwealth, but only if a passenger with the proper license for the type of motor vehicle being tested is present and is adequately trained to pilot and monitor the vehicle as a fallback-ready human driver.
(B) Notwithstanding sections 17 and 18 of chapter 90 of the General Laws, or any general or special law, or regulation to the contrary, the speed limit for autonomous vehicles shall be 25 miles per hour on public ways in a thickly settled or business district, as defined in section 1 of said chapter 90, 15 miles per hour within a duly established school zone when children are present, and the same as the prevailing speed limit on all other public ways.
(C) Notwithstanding the other provisions of this chapter, any municipality with a population density greater than or equal to 4,500 people per square mile shall have the power to limit autonomous vehicles to only motor vehicles providing public transportation as set forth in section one of chapter 159A, transportation network vehicles as set forth in section one of chapter 159A1⁄2 provided that for purposes of this subsection, “driver” shall include the operator of an autonomous vehicle, or vehicles carrying an average of 1.8 or more passengers per vehicle mile traveled as calculated on a monthly basis per vehicle or fleet of commonly-owned vehicles. Any such limitation need not apply to an entire municipality but may be applied to any geographic area or areas within a municipality, as the municipality deems suitable.
(D) Notwithstanding the other provisions of this chapter, any municipality may by ordinance or bylaw adopted by two-thirds vote of the city council in a city or by a two-thirds vote of a town meeting in a town, establish a mileage limit on the distance that an autonomous vehicle may travel within that municipality without a passenger present in the vehicle. This shall not apply to freight or emergency vehicles.
(E) Notwithstanding the other provisions of this chapter, any municipality may by ordinance or bylaw adopted by two-thirds vote of the city council in a city or by a two-thirds vote of a town meeting in a town, establish autonomous vehicle parking charges subject to the following provisions:
(1) Autonomous vehicles may travel on any public way without a passenger present in the vehicle for up to two minutes.
(2) After two minutes, municipalities may charge any autonomous vehicle a fee in lieu of parking charges.
(3) After 30 minutes, the municipality may require any autonomous vehicle to park.
(4) This section shall not apply to emergency vehicles.
(E) Whoever violates subsection sections 63A through 63D of this chapter shall be subject to a fine of not more than $500 for a first violation, $1,000 for a second violation, and $2,500 for every violation thereafter. Any person who receives a citation for violating any provision of these sections may contest such citation pursuant to section three of chapter 90C.
Section 63E. Road usage charge on autonomous vehicles
(A) A road usage charge is imposed on autonomous vehicles that operate on the public ways within this state pursuant to this Chapter.
(B) The Department shall, in accordance with the provisions of chapter 30A, promulgate rules regarding the computation, assessment, and collection of the road usage charge on autonomous vehicles.
(C) In promulgating rules regarding the computation of the road usage charge on autonomous vehicles, the Department shall, not later than 270 days following the effective date of this section:
(1) Establish a base per-mile rate on autonomous vehicles of no less than 2.5 cents per mile, provided that the minimum rate imposed under this paragraph shall be adjusted at the beginning of each calendar year, by the percentage, if any, by which the consumer price index, as defined in section 1 of the Internal Revenue Code, pursuant to 26 U.S.C. section 1, for the preceding year exceeds the consumer price index for the calendar year that ends before such preceding year;
(2) Allow for a reduction in the base per-mile rate on autonomous vehicles that are zero-emission vehicles;
(3) Allow for a reduction in the base per-mile rate on autonomous vehicles owned and operated by the commonwealth or by any city or town within the commonwealth;
(4) Allow for reductions in the base per-mile rate on autonomous vehicles for each passenger in an autonomous vehicle per mile;
(4) Allow for reductions in the base per-mile rate on autonomous vehicles for each mile traveled during off-peak travel hours as defined by the Department;
(5) Allow for reductions in the base per-mile rate on autonomous vehicles for each mile traveled in specified geographic areas where no or few public transit options are available;
(6) Allow for reductions in the base per-mile rate on autonomous vehicles for operators whose personal income, as documented by tax returns or other credible evidence, falls below a threshold established by regulation;
(7) Impose an increased per-mile rate on autonomous vehicles for each mile traveled without a passenger;
(8) Impose an increased per-mile rate or a tiered system of increased per-mile rates on autonomous vehicles with a weight greater than or equal to 4,000 pounds (taking into account any motor vehicle fuels excise tax paid for vehicles over 8,500 pounds);
(9) Impose an increased per-mile rate on autonomous vehicles for each mile traveled between 8 am and 8 pm within a severe congestion zone as designated by the Department through rules promulgated under this chapter; and
(10) Create such exemptions as are necessary to ensure that the road usage charge is reasonably related to the services provided by the Department, including, but not limited to, exempting travel on private property and out-of-state travel.
Section 63F. Allocation of road usage charge revenue
(A) All road usage charge revenue collected from autonomous vehicles pursuant to Section 63E shall be credited to the commonwealth Transportation Fund.
SECTION 2. This act shall take effect upon its passage.
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An Act to establish a Massachusetts Transportation Endowment Fund (MTEF)
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S2258
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SD1437
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T16:11:51.697'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:11:51.6966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2258/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 2258) of Vincent Lawrence Dixon for legislation to establish a Massachusetts Transportation Endowment Fund (MTEF). Transportation.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the following new chapter:-
An Act to establish a Massachusetts Transportation Endowment Fund (MTEF).
1.) PURPOSES – Massachusetts has been a pioneer in developing, and expanding mass transportation for its population. In doing so, a consistent part of development, includes the continuing capital expenditures needed, to expand, and improve mass transit lines, particularly the fixed rail lines, stations, and other facilities; and resources for such, which often appear weak; or in need of capital upgrading; and/or are non-existent.
2.) Thus, it is important to identify, secure, provide for, and expand sources of capital expenditures, and this Statute, is designed for that purpose.
3.) Each and every year, a sum of not less than $200,000,000, ($200 Million), shall be transferred to a Massachusetts Transportation Endowment Fund (MTEF).
4.) This money, shall become a permanent trust fund, operating as an endowment, with significantly described requirements, and provisions. Income from the fund, may be used, only for capital construction, and improvements, of mass transportation lines, stations, and facilities, and needed additional directly related construction.
5.) Principal amounts, shall become fixed Endowment Principal, together with other specified amounts, to be further described.
6a.) When the fund principal, exceeds $1,000,000,000 ($1 Billion) in Endowment Principal; the formula for use, shall change:
6b.) Half of the annual contribution of $200,000,000 ($200 Million) may be directed to capital expenditures; while $100,000,000 ($100 Million) is directed to increase in the Endowment Principal.
6c.) Half of the annual income, may be utilized for capital expenditures. New non-fare revenues, from businesses on transit properties, shall be apportioned, with half of such revenues going to Operations, and half to the Endowment Principal.
7.) A Capital Project Approval Board (CPAB), of nine (9) members, shall review potential capital projects, establish a priority listing, and annually announce their decisions publicly.
8.) The nine (9) members appointed shall be:
8a.) Membership: One (1) by the General Manager of the MBTA; one (1) by the Secretary of Transportation, one (1) by the Governor; one (1) by the State Treasurer; one (1) by the State Auditor; one (1) by the State Senate President; one (1) by the House Speaker; one (1) by the Attorney General; and one (1) by the Governor’s Council. Their terms shall be of five (5) years duration, with one new regular, and renewable appointment, available each year.
8b.) General Purposes: This Capital Projects Approval Board (CPAB), shall have two (2) primary objectives: To decide specific project approvals, and to specifically oversee, all capital projects, during their creation, and subsequent operation.
9.) An Annual Report, publicly available, and generally publicized, shall be issued, detailing the current financial circumstances, and situation of the MTEF Fund, and the decisions made by its Capital Projects Approval Board (CPAB), in its most recently completed year.
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An Act relative to naming the Winchester center station after Governor John A. Volpe
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S2259
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SD1501
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T16:53:21.29'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:53:21.29'}, {'Id': None, 'Name': 'Philip Frattaroli', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:53:21.29'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2259/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 2259) of Vincent Lawrence Dixon and Philip Frattaroli for legislation relative to name the Winchester center station after Governor John A. Volpe. Transportation.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the following new chapter:
Name of Winchester Center Rail Station
The Rail Station, at Winchester Center, Massachusetts, shall be named:
The John A. Volpe
Winchester Center Station
SECTION 2. PURPOSE: Memorializing Governor John A. Volpe
John A. Volpe, a remarkable, and important individual in Massachusetts History, lived a significant portion of his life, particularly most of his public life, in Winchester, Massachusetts, and should be publicly recognized, within its boundaries. Among his actions, was speaking at the actual original dedication of the elevated Winchester Center Station, having made the decision, for the new format of the station, which has saved numerous uncounted lives, over many decades.
Among many details, of an energetic, enthusiastic, and committed public life, are known significant achievements:
• Governor of Massachusetts, for three terms
• United States Secretary of Transportation
• United States Ambassador to Italy
• Construction Contractor
• Navy Seabee
• Winchester Town Meeting Member
• Known National Figure
• Chair, first national commission on drunk driving, and driving safety
• Strong local Charity Interests, And Activities
• A wide range of personal stories, and individual interactions with numerous people, over his entire life
SECTION 3. MEMORIAL DETAILS
A Volpe Memorial Working Group (VMWG) shall be established, with representatives, of the Town of Winchester, the MBTA, and the Winchester Volpe Memorial Group, to carry out proper signage, appropriate design work, and suitable historical memorial information, in the formal naming of the John A. Volpe Winchester Center Station.
The Volpe Memorial Working Group, shall keep records of their meetings, and keep a spirit of relevant ad hoc, energetic membership, as would befit Governor Volpe.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J27', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J27'}, 'Votes': []}]
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An Act relative to investment in Massachusetts-based jobs
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S226
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SD229
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:17:37.37'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-12T14:17:37.37'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S226/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 226) of Julian Cyr for legislation relative to investment in Massachusetts-based jobs. Economic Development and Emerging Technologies.
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SECTION 1. Section 3D(a) of Chapter 23A of the General Laws is hereby amended by inserting after "(vii)" the following:-
(viii) preference shall be given by the EACC to a controlling business that already bases its global or national headquarters and executive operations within the commonwealth.
SECTION 2. Section 3D(c) of Chapter 23A of the General Laws is hereby amended by adding the following after the word "cap.":-
Provided that no controlling business that locates its global or national headquarters and executive operations outside of the commonwealth shall qualify for tax credits by the EACC that span multiple years.
SECTION 3. Section 3C of chapter 23A is hereby amended by adding the following 2 subsections:-
(e) Notwithstanding subsections (b) and (c), the EACC shall, by guideline or regulation, establish an incentive program to encourage controlling businesses that locate their global or national headquarters and executive operations within the commonwealth to hire and retain new, permanent, full-time employees in the commonwealth, provided however that the business shall not be required to invest in improvements to receive tax credits as part of the program established under this subsection.
(f) The EACC shall give special consideration to the impact of investment and job growth in rural and seasonal communities within the commonwealth.
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An Act relative to motorcycle parking
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S2260
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SD683
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T17:46:53.947'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-17T17:46:53.9466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2260/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 2260) of Joan B. Lovely for legislation relative to motorcycle parking. Transportation.
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SECTION 1. Chapter 6C of the General Laws is hereby amended by adding the following section:-
Section 76. (a) The department and any city, town, district or other political subdivision of the commonwealth shall allocate reasonable space and accommodations for motorcycle parking in all transportation facilities, parking facilities and related projects undertaken or operated by them, where any federal, state or local public funds have been used to plan, design, construct, equip, operate or maintain such facility or project. The department and any city, town, district or other political subdivision may satisfy the requirement of this subsection by sectioning off portions of an area that do not meet spacing requirements for the parking of full-size motor vehicles to be used for motorcycle parking.
(b) The department and any city, town, district or other political subdivision of the commonwealth shall not impose a prohibition or a requirement that applies only to a motorcycle, motorcycle operator or motorcycle passenger, the primary purpose of which is to restrict or inhibit access of a motorcycle, motorcycle operator or motorcycle passenger to any highway, bridge, tunnel, public way or transportation facility.
(c) The department and any city, town, district or other political subdivision of the commonwealth shall not develop any general or fiscal policy, promulgate any regulations, allocate any funds, or plan, design, construct, equip, operate or maintain any transportation facility, parking facility or related structure throughout the commonwealth in a manner that discriminates against motorcycles, motorcycle operators or motorcycle passengers.
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An Act relative to online driver education
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S2261
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SD1159
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-19T08:25:26.563'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-19T08:25:26.5966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2261/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 2261) of Joan B. Lovely for legislation relative to online driver education. Transportation.
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SECTION 1. Section 32G of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after line 239 the following sentence:-
The registrar may approve a driver education curriculum presented in a virtual instructor-led format by a state-licensed driving school if the following conditions are met:- (a) the driving school owns or leases physical offices and/or classrooms in the Commonwealth to provide in-person instruction (b) the driving school has no less than three consecutive years of operation in the Commonwealth (c) the driving school is in good standing with the Registry of Motor Vehicles.
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An Act relative to pedestrian safety
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S2262
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SD1161
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-19T08:45:02.327'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-19T08:45:02.3266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2262/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 2262) of Joan B. Lovely for legislation relative to pedestrian safety. Transportation.
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Section 11 of chapter 89 General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking, in line 17, the figure “200” and inserting in place thereof the figure “1,000”.
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An Act relative to the Hall-Whitaker Bridge
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S2263
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SD1985
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T11:27:10.593'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T11:27:10.5933333'}, {'Id': 'JAP1', 'Name': 'Jerald A. Parisella', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAP1', 'ResponseDate': '2023-01-20T11:27:36.05'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2263/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 2263) of Joan B. Lovely and Jerald A. Parisella for legislation relative to the Hall-Whitaker Bridge. Transportation.
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SECTION 1. Notwithstanding any general or special law to the contrary, any agency of the commonwealth that receives an application from the Department of Transportation relating to the construction and/or replacement of the Hall-Whitaker Bridge, located in the city of Beverly, must render a decision on such application within sixty days of the receipt of the application.
SECTION 2. This act shall take effect upon its passage.
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An Act relative to pup trailers
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S2264
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SD1848
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T13:22:40.85'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T13:22:40.85'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-22T15:10:16.6933333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-04-13T12:58:08.24'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-01T08:42:50.25'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2264/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 2264) of Paul W. Mark relative to the use of certain trailers by farmers. Transportation.
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SECTION 1. Section 19 of Chapter 90 is hereby amended by inserting after “ten thousand pounds” the following: or a trailer having at least two axles, which, when towed by a motor vehicle operating with a general registration and general registration number plate issued to a farmer pursuant to section 5, and when operating with a permit for exceeding weight limitations pursuant to Chapter 85, Section 30A and when used solely for purposes of transportation of agricultural goods and products on the roads and highways to an agricultural processing facility under the control of an individual or entity engaged in farming and agriculture as defined in Chapter 128 Section 1A located in the Commonwealth of Massachusetts with its load weighs not more than ninety-nine thousand pounds as a combination of motor vehicle and trailer.
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An Act to authorize Massachusetts Fallen Firefighter Memorial motorcycle license plates
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S2265
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SD1878
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:41:35.293'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:41:35.2933333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-13T20:41:46.78'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T13:55:50.3'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-21T15:10:35.4033333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:20:46.39'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T11:12:58.76'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-04T10:33:56.6966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T13:54:25.22'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2265/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 2265) of Paul W. Mark, Steven Ultrino, Anne M. Gobi, John Barrett, III and others for legislation to authorize Massachusetts Fallen Firefighter Memorial motorcycle license plates. Transportation.
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SECTION 1. Chapter 90 of the Massachusetts General Laws, is hereby amended by inserting after Section 6C the following:-
Section 6D. The registrar, upon payment of the fee as required in section 33, shall furnish a special distinctive Firefighters Memorial Motorcycle License Plate for use on privately owned motorcycles. Said motorcycle license plate shall be comparable to the current Firefighters Memorial License Plate for automobiles established in 2006.
Of the required fee provided in section 33, twenty-eight dollars of the forty-dollar special plate fee shall go to support the Massachusetts Fallen Firefighter Memorial and twelve dollars to the MASSDOT for manufacturing the plate. The issuance and renewal of such Firefighter Memorial Motorcycle License Plate shall be collected by the registrar for the funding of the Statewide Memorial located at Ashburton Park at the Massachusetts State House which shall be coordinated by the Massachusetts Fallen Firefighter Memorial charitable, a non-profit 501(C)(3) corporation in accordance with section 2f(c).
SECTION 2. This act shall be known as the Dave Condon Firefighter Memorial License Plate Act.
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An Act relative to an interstate compact for western MA rail service
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S2266
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SD1919
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T07:13:11.91'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T07:13:11.91'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2266/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 2266) of Paul W. Mark for legislation relative to an interstate compact for western MA rail service. Transportation.
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SECTION 1. The secretary of transportation is hereby authorized and directed to develop, participate in the development of, negotiate and enter into compacts on behalf of the Commonwealth with the states of Connecticut, New York, and Vermont, or any appropriate agency or jurisdiction thereof, to implement the following purposes:
(a) It shall be the purpose of this compact, through means of joint and cooperative action among the compacting states to: (i) establish permanent commuter rail service between the cities of New Haven and Brattleboro including stops in Greenfield, Holyoke, Northampton, and Springfield; (ii) establish permanent commuter rail service between the cities of Worcester and Albany including stops in Pittsfield, Chester, Springfield, and Palmer; (iii) explore the extension of the New Haven-Hartford-Springfield Rail Program along the Knowledge Corridor through Holyoke, Northampton, Greenfield, and Brattleboro; (iv) publicly promote permanent commuter rail services connecting Berkshire, Franklin, Hampden, and Hampshire Counties to Albany, Boston, Brattleboro, Hartford, and New Haven, and undertake efforts to ensure the success of permanent commuter rail service in Western Massachusetts.
(b) It shall be the policy of the compacting states that the activities conducted by any interstate commissions created are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities to ensure the success of any programs established. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
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An Act enhancing school bus safety
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S2267
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SD1923
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T15:55:44.067'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T15:55:44.0666667'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 2267) of Paul W. Mark for legislation relative to school bus safety. Transportation.
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SECTION 1. This act shall be known as “Summer’s Law”.
SECTION 2. Section 7B of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting at the end of the first paragraph, after the word “year”, in line 137, the following:-
“; (19) Each school bus shall be equipped with at least two sensors on or near school bus doors, which shall determine and notify the operator of a school bus that there are no persons located within a minimum area of twelve feet from school bus doors before and after the doors close when a school bus has stopped to pick up or drop off school pupils. Each school bus shall also be equipped on all sides of the bus with front, rear, and lateral sensors to determine and notify the operator that there are no persons located within a minimum area of twelve feet from all sides of the bus. The school bus operator shall not proceed any further after stopping to load or discharge school pupils until the operator is notified by the sensors that there are no persons located at not less than twelve feet from all sides, including doors, of the bus. All sensor systems shall include, but not be limited to, radar, video, sound, or infrared technology that shall be capable of detecting the presence of persons within a minimum area of twelve feet from a sensor’s placement on a bus, extending from all sides of a bus and the bus doors. Sensor systems shall also include an audible and visual alert signal placed within the interior of the bus, within the immediate presence of the operator, to alert the operator when a person is detected within a sensor’s designated minimum area of twelve feet.
SECTION 3. Section 8A of said chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended in the second paragraph, line 46, by inserting after the word “registrar” the following:-
“The pre-service school bus driver training program shall include a special unit pertaining to the pickup and drop off of school pupils and school bus danger zones, which shall consist of a minimum of 3 hours of behind-the-wheel training and a minimum of 3 hours of classroom training.”
SECTION 4. Said second paragraph of said section 8A is hereby further amended, in line 55, by inserting after the word “energy” the following:-
“The in-service school bus driver training program shall consist of not less than 10 hours of training annually, provided further that the program include a special unit pertaining to the pickup and drop off of school pupils and school bus danger zones. The special unit of training shall consist of a minimum of 2 hours of behind-the-wheel training and a minimum of 2 hours of classroom training.”
SECTION 5. The commissioner of education in collaboration with the registrar shall promulgate necessary rules, regulations, or procedures for the administration of this act.
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An Act relative to improved headlight safety
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S2268
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SD1926
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T07:04:56.463'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T07:04:56.4633333'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 2268) of Paul W. Mark for legislation to improve headlight safety. Transportation.
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Section 7 of Chapter 90 is hereby amended by inserting:
All new automobiles sold in the Commonwealth after January 1, 2026, shall be equipped with adaptive beam headlight technology, as authorized by the amendment to the Federal Motor Vehicle Safety Standard No. 108 by the U.S. Department of Transportation’s National Highway Traffic Safety Administration.
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An Act to establish fast, frequent, and reliable passenger rail service between Pittsfield and Boston via Springfield
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S2269
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SD1939
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:19:26.91'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:19:26.91'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-13T20:41:57.53'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 2269) of Paul W. Mark and Vanna Howard for legislation to establish fast, frequent, and reliable passenger rail service between Pittsfield and Boston via Springfield. Transportation.
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SECTION 1. Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall run passenger rail service between the cities of Pittsfield and Boston via Springfield at least five-times daily on the existing CSX rail line. The department may utilize the Massachusetts Bay Transit Authority or contract with outside entities in order to run said passenger rail service. The department may also utilize a portion or all of the $50 million in capital authorization allocated for East-West passenger rail service pursuant to line item 6622-2184 in section 2E of chapter 383 of the acts of 2020.
SECTION 2. Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall evaluate and identify potential funding sources, including capital investments and ongoing operations and maintenance funding, at both the state and federal level, to support the establishment of fast, frequent, and reliable passenger rail service between the cities of Pittsfield and Boston via Springfield. The department shall also determine all necessary steps the commonwealth must take in order to best position itself for any available federal funding.
The department shall file a report of its findings with the clerks of the house and senate, and with the house and senate chairs of the joint committee on transportation, not later than six months after the effective date of this act.
SECTION 3. Notwithstanding any general or special law to the contrary, pursuant to the recommendations of the 2020 East-West Passenger Rail Study conducted by the Massachusetts Department of Transportation, the department shall conduct an economic impact analysis on the economic benefits and transformational impact that expanded passenger rail service between Pittsfield and Boston via Springfield would have in the commonwealth on a community, regional, and statewide level.
The analysis shall examine and evaluate the potential effects said passenger rail would have on the long-term demographic and growth patterns of Massachusetts; the ability to offer affordable housing options, relieve traffic congestion and bring down the high cost of housing; the expansion of regional workforce reach and job opportunities across the commonwealth; the ability to provide significant economic benefits to communities along the rail corridor; and any other effects deemed necessary by the department in order to ensure a complete economic impact analysis. Said analysis shall include, but not be limited to: (i) examining similarly situated projects in other states, including the economic and demographic results achieved and significant contributors to those results; (ii) evaluating the current and prospective factors affecting regional growth in Western Massachusetts; (iii) examining the availability of federal, state, local and private sector funding sources and the potential impact of said investments; and (iv) evaluating how passenger rail service between the cities of Pittsfield and Boston via Springfield may change regional land use and housing policy.
The department shall file a copy of said analysis with the clerks of the house and senate, and with the house and senate chairs of the joint committee on transportation, not later than six months after the effective date of this act.
SECTION 4. Section 1 shall take effect on January 1, 2024.
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An Act establishing the Massachusetts Information Privacy and Security Act
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S227
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SD1971
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T10:52:09.27'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T10:52:09.27'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 227) of Barry R. Finegold for legislation to establish the Massachusetts Information Privacy and Security Act. Economic Development and Emerging Technologies.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 93L the following chapter:-
CHAPTER 93M. The Massachusetts Information Privacy and Security Act.
Section 1. Title
This chapter shall be known as the “Massachusetts Information Privacy and Security Act.”
Section 2. Definitions
As used in this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:
“Affiliate”, an entity that controls, is controlled by, or is under common control or shares common branding with another entity; provided, however, that for the purposes of this definition, “control” or “controlled” shall mean:
(1) ownership of more than 50 per cent of the outstanding shares of any class of voting security of the entity;
(2) control in any manner over the election of a majority of the entity’s directors or of persons exercising similar functions; or
(3) the power to otherwise exercise a controlling influence over the management of the entity.
“Biometric information”, a retina or iris scan, fingerprint, voiceprint, map or scan of hand or face geometry, vein pattern, gait pattern, or other personal information generated from the specific technical processing of an individual’s unique biological or physiological patterns or characteristics used to identify a specific individual; provided, however, that “biometric information” shall not include:
(1) a digital or physical photograph;
(2) an audio or video recording; or
(3) data generated from a digital or physical photograph, or an audio or video recording, unless such data is generated to identify a specific individual.
“Business associate” shall have the same meaning as in 45 C.F.R. 160.103.
“Child”, an individual who a controller knows or reasonably should know is under the age of 13.
“Collect”, buying, renting, gathering, obtaining, receiving, or otherwise accessing any personal information pertaining to an individual by any means, including, but not limited to, obtaining information from an individual, either actively or passively, or by observing an individual’s behavior.
“Common branding”, a shared name, service mark, trademark, or other indicator that an individual would reasonably understand to indicate that two or more entities are commonly owned.
“Consent”, a clear affirmative act signifying an individual’s freely given, specific, informed, and unambiguous agreement to allow the processing of specific categories of personal information relating to the individual for a narrowly defined particular purpose; provided, however, that “consent” may include a written statement, including a statement written by electronic means, or any other unambiguous affirmative action; and provided further, that the following shall not constitute “consent”:
(1) acceptance of a general or broad terms of use or similar document that contains descriptions of personal information processing along with other, unrelated information;
(2) hovering over, muting, pausing, or closing a given piece of content; or
(3) agreement obtained through dark patterns or a false, fictitious, fraudulent, or materially misleading statement or representation.
“Controller”, the entity that, alone or jointly with others, determines the purposes and means of the processing of personal information of an individual.
“Covered entity” shall have the same meaning as in 45 C.F.R. 160.103.
“Dark pattern”, a user interface that is designed, modified, or manipulated with the purpose or substantial effect of obscuring, subverting or impairing a reasonable individual’s autonomy, decision-making, or choice.
“Data broker”, a controller that, in a calendar year, knowingly collects and sells to third parties:
(1) the personal information of not less than 25,000 individuals; provided, however, that the controller derives not less than 25 percent of its annual global gross revenues from the sale of personal information;
(2) the biometric, genetic, or specific geolocation information of not less than 10,000 individuals; or
(3) the personal information of not less than 10,000 individuals with whom the controller does not have a direct relationship, including, but not limited to, a relationship in which an individual is a past or present: (i) customer, client, subscriber, user, or registered user of the controller’s goods or services; (ii) an employee, contractor, or agent of the controller; (iii) an investor in the controller; or (iv) a donor to the controller.
The following activities conducted by a controller, and the collection and sale of personal information incidental to conducting these activities, shall not qualify the controller as a data broker: (A) providing 411 directory assistance or directory information services, including name, address, and telephone number, on behalf of or as a function of a telecommunications carrier; (B) providing publicly available information related to an individual’s business or profession; or (C) providing publicly available information via real-time or near-real-time alert services for health or safety purposes.
“De-identified information”, information that cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable individual or household, or a device linked to such individual or household; provided, however, that the controller that possesses the information:
(1) takes reasonable technical and organizational measures to ensure that the information cannot, at any point, be associated with or used to re-identify an identified or identifiable individual or household;
(2) publicly commits to process the information solely in a de-identified fashion;
(3) does not attempt to re-identify the information; provided, however, that the controller may attempt to re-identify the information solely for the purpose of determining whether its de-identification procedures satisfy the provisions of this definition; and
(4) contractually obligates any recipients of the information to comply with the provisions of this definition with respect to the information and requires that such obligations be included contractually in all subsequent instances for which the information may be received.
“De-identification”, the creation of de-identified information from personal information.
“Designated method for submitting a request”, a mailing address, email address, internet web page, internet web portal, toll-free telephone number, or other applicable contact information, whereby an individual may submit a request or direction under this chapter.
“Entity”, a sole proprietorship, or a corporation, association, partnership or other legal entity.
“Genetic information”, personal information, regardless of format, that:
(1) results from the analysis of a biological sample of an individual, or from another source enabling equivalent information to be obtained; and
(2) concerns an individual’s genetic material, including, but not limited to, deoxyribonucleic acids (DNA), ribonucleic acids (RNA), genes, chromosomes, alleles, genomes, alterations or modifications to DNA or RNA, single nucleotide polymorphisms (SNPs), uninterpreted data that results from analysis of the biological sample or other source, and any information extrapolated, derived, or inferred therefrom.
“Health care facility” shall have the same meaning as defined in section 25B of chapter 111 of the General Laws.
“Health care provider” shall have the same meaning as defined in section 1 of chapter 111 of the General Laws.
“Health record”, an individual’s health-related record, as maintained pursuant to section 70 of chapter 111 of the General Laws.
“HIPAA”, the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d et seq., as amended from time to time.
“Homepage”, the introductory page of an internet website and any internet web page where personal information is collected; provided, however, that in the case of an online service, such as a mobile application, “homepage” shall include:
(1) the application’s platform page or download page;
(2) a link within the application, such as from the application configuration, “About,” “Information,” or settings page; and
(3) any other location that allows individuals to review the notices required by this chapter, including, but not limited to, before downloading the application.
“Identified or identifiable household”, a group of individuals who:
(1) cohabitate with one another at the same residential address in the commonwealth;
(2) use common devices or services; and
(3) can be readily identified, directly or indirectly.
“Identified or identifiable individual”, an individual who can be readily identified, directly or indirectly.
“Individual”, a natural person who is a resident of the commonwealth; provided, however, that “individual” shall not include a natural person acting as a sole proprietorship.
“Infer”, deriving information, data, assumptions, correlations, predictions or conclusions from facts, evidence or another source of information or data.
“Institution of higher education”, any college, junior college, university or other public or private educational institution that has been authorized to grant degrees pursuant to sections 30, 30A, and 31A of chapter 69 of the General Laws.
“Large data holder”, a controller that, in a calendar year:
(1) has annual global gross revenues in excess of $1,000,000,000; and
(2) determines the purposes and means of processing of the personal information of not less than 200,000 individuals, excluding personal information processed solely for the purpose of completing a payment-only credit, check or cash transaction where no personal information is retained about the individual entering into the transaction.
“Minor”, an individual who a controller knows or reasonably should know is not less than 13 years of age and not more than 16 years of age.
“Nonprofit organization”, any organization that is exempt from taxation under 26 U.S.C. 501(c), as amended from time to time.
“Personal information”, information, including, but not limited to, a unique persistent identifier, that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identified or identifiable individual; provided, however, that “personal information” shall not include publicly available or de-identified information about a natural person; and provided further, that “personal information” shall also include information, including, but not limited to, a unique persistent identifier, that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with:
(1) an identified or identifiable natural person, only insofar as “personal information” is used in paragraph (1) of the definition of “data broker” in this section; or
(2) an identified or identifiable household, only insofar as “personal information” is used in: (i) subsection (b) of section 3; and (ii) any reference in this chapter to the sale or selling of personal information or the processing of personal information for the purposes of targeted cross-contextual or first-party advertising.
“Process”, any operation or set of operations performed on personal information or on sets of personal information, whether or not by automated means, such as the collection, use, storage, disclosure, sharing, analysis, prediction, deletion or modification of personal information, including the actions of a controller directing a processor to process personal information.
“Processor”, an entity that processes personal information on behalf of a controller; provided, however, that determining whether an entity is acting as a processor or a controller with respect to a specific processing of personal information is a fact-based determination that depends upon the context in which the information is processed; and provided further, that:
(1) a processor that continues to adhere to a controller’s instructions with respect to a specific processing of personal information remains a processor;
(2) if a processor begins, alone or jointly with others, determining the purposes and means of the processing of personal information, it is a controller with respect to the processing; and
(3) an entity that is not limited in its processing of personal information pursuant to a controller’s instruction, or that fails to adhere to such instructions, is a controller and not a processor with respect to a specific processing.
“Profiling”, any form of automated processing of personal information to evaluate, analyze, or predict personal aspects concerning an identified or identifiable individual or household’s economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
“Protected health information” shall have the same meaning as defined in 45 C.F.R. 160.103, established pursuant to HIPAA.
“Publicly available information”, information about an individual that:
(1) is lawfully made available from federal, state, or local government records; or
(2) a controller has a reasonable basis to believe is lawfully and intentionally made available to the general public: (i) through widely distributed media; or (ii) by the individual, unless the individual has restricted the information to a specific audience; provided, however, that “publicly available information” shall not include: (A) biometric or genetic information; or (B) personal information that is not publicly available and has been combined with publicly available information.
“Research”, a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge and that is conducted in accordance with applicable ethics and privacy laws.
“Sale” or “selling”, disclosing, disseminating, making available, releasing, renting, sharing, transferring, or otherwise communicating orally, in writing, or by electronic or other means, an individual’s personal information by the controller to a third party for monetary or other valuable consideration in a bargained-for exchange or otherwise for the purposes of targeted cross-contextual advertising; provided, however, that “sale” or “selling” shall not include the following:
(1) the disclosure of personal information to a processor where the processor only processes such personal information on behalf of the controller;
(2) the controller’s use or sharing of an identifier for an individual who, pursuant to section 8, has opted out of the processing of the individual’s personal information; provided, however, that the controller’s use or sharing of the identifier is solely for the purpose of alerting entities that the individual has opted out;
(3) the disclosure or transfer of personal information to an affiliate of the controller;
(4) the disclosure or transfer of personal information to a third party as an asset that is part of a proposed or actual merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the controller’s assets;
(5) the disclosure of personal information to a third party for purposes of providing a product or service specifically requested by the individual; or
(6) when the individual uses or expressly directs the controller to disclose personal information to a third party or otherwise interact with a third party; provided, however, that the individual’s direction was not obtained through dark patterns; and provided further, that the controller’s interaction with the third party is not for the purposes of targeted cross-contextual advertising.
“Sensitive information”, a form of personal information, including:
(1) an individual’s specific geolocation information;
(2) biometric or genetic information processed for the purpose of uniquely identifying an individual;
(3) the personal information of a child or minor;
(4) personal information that reveals an individual’s: (i) racial or ethnic origin; (ii) religious beliefs; or (iii) citizenship or immigration status;
(5) personal information processed concerning an individual’s past, present or future mental or physical health condition, disability, diagnosis or treatment;
(6) personal information processed concerning an individual’s sexual orientation, sex life or reproductive health, including, but not limited to, the use or purchase of contraceptives, birth control, abortifacients or other medication related to reproductive health;
(7) personal information that reveals an individual’s philosophical beliefs or union membership;
(8) personal information that reveals an individual’s social security number, driver’s license number, military identification number, passport number or state-issued identification card number; or
(9) personal information that reveals an individual’s financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to an individual’s financial account.
“Specific geolocation information”, information derived from technology including, but not limited to, global positioning system level latitude and longitude coordinates or other mechanisms that directly identify the specific location of an individual within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet; provided, however, that “specific geolocation information” shall exclude the content of communications or any information generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.
“Targeted cross-contextual advertising”, the targeting of advertising to an individual based on the individual’s personal information obtained from the individual’s activity across distinctly-branded internet websites, online applications, services or physical premises; provided, however, that “targeted cross-contextual advertising” shall not include:
(1) processing personal information solely for measuring or reporting advertising performance, reach or frequency;
(2) contextual advertising that is displayed based on the content in which the advertisement appears and does not vary based on who is viewing the advertisement; or
(3) advertising that is based solely on an individual’s current intentional interaction with or visit to a controller’s distinctly-branded internet website, online application, service or physical premise; provided however, that the individual’s personal information is not: (i) used to build a profile about the individual or otherwise alter the individual’s experience outside the current intentional interaction with the controller; or (ii) retained after the completion of the interaction; provided further, that an individual’s intentional interaction may include, but is not limited to, an individual’s current search query or specific request for information and feedback; and provided further, that hovering over, muting, pausing or closing a given piece of content does not constitute an individual’s intent to interact with a controller.
“Targeted first-party advertising”, the targeting of advertising to an individual based on a controller profiling an individual by using the personal information obtained from the individual’s activity within a controller’s own websites, online applications, services or physical premises; provided, however, that “targeted first-party advertising” shall not include advertising or the processing of personal information pursuant to the exemptions specified in paragraphs (1) through (3) of the definition of targeted cross-contextual advertising.
“Third party”, a natural person, entity, public authority, agency, or body other than the applicable individual, controller, processor, or affiliate of the controller or the processor.
“Trade secret” shall have the same meaning as defined in section 42 of chapter 93 of the General Laws.
“Unique persistent identifier”, an identifier that is reasonably linkable to an identified or identifiable natural person or household, including, but not limited to, a:
(1) device identifier;
(2) Internet Protocol address;
(3) cookie;
(4) beacon;
(5) pixel tag;
(6) mobile ad identifier or similar technology;
(7) customer number;
(8) unique pseudonym;
(9) user alias;
(10) telephone number; or
(11) other form of persistent or probabilistic identifier that is linked or reasonably linkable to an identified or identifiable natural person or household.
“Upholding security, confidentiality and integrity”, protecting against, responding to, preventing, detecting, investigating, reporting or prosecuting identity theft, fraud, harassment, malicious, deceptive or illegal activities, or any other security incidents that compromise the availability, authenticity, confidentiality or integrity of stored or transmitted personal information.
“Verifiable request”, a request:
(1) to exercise any of the rights set forth in sections 10 through 13; and
(2) that a controller can use commercially reasonable means to determine is being made by the individual or by a person authorized to exercise rights on behalf of such individual with respect to the personal information at issue, pursuant to section 14.
Section 3. Scope and Applicability
(a) This chapter shall apply to:
(1) a controller or processor that conducts business in the commonwealth; and
(2) the processing of personal information by a controller or processor not physically established in the commonwealth, where the processing activities are related to: (i) the offering of goods or services that are targeted to individuals; or (ii) the monitoring of behavior of individuals where such behavior takes place in the commonwealth; and
(3) an entity that voluntarily certifies to the attorney general that it is fully in compliance with, and agrees to be bound by, this chapter.
(b) Notwithstanding subsection (a) of this section, sections 7 through 17 and section 26 shall only apply to a controller that, during the preceding calendar year, satisfied at least 1 of the following additional thresholds or is an entity that is an affiliate of and shares common branding with such a controller, in which case sections 7 through 17 and section 26 shall apply only to the personal information processed by the affiliate on behalf of the controller:
(1) the controller had annual global gross revenues in excess of 25,000,000 dollars;
(2) the controller was a data broker; or
(3) the controller determined the purposes and means of processing of the personal information of not less than 100,000 individuals, excluding personal information processed solely for the purpose of completing a payment-only credit, check or cash transaction where no personal information is retained about the individual entering into the transaction.
(c) This chapter shall not apply to:
(1) any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or any of its branches, or any political subdivision thereof;
(2) a national securities association that is registered under 15 U.S.C. 78o-3 of the Securities Exchange Act of 1934, as amended from time to time;
(3) a registered futures association that is so designated pursuant to 7 U.S.C. 21, as amended from time to time; and
(4) an entity that serves as a congressionally designated nonprofit, national resource center and clearinghouse to assist victims, families, child-serving professionals and the general public on issues concerning missing or exploited children.
(d) The following information shall be exempt from this chapter:
(1) protected health information that is processed by a covered entity or business associate pursuant to 45 C.F.R. 160, 162, and 164;
(2) health records for the purposes of section 70 of chapter 111 of the General Laws, to the extent that the records are maintained pursuant to 45 C.F.R. 160, 162, and 164;
(3) information and documents that are created by a covered entity for purposes of complying with HIPAA;
(4) information used only for public health activities and purposes as authorized by HIPAA;
(5) patient identifying information for purposes of 42 C.F.R. 2, established pursuant to 42 U.S.C. 290dd-2, as amended from time to time;
(6) information that is: (i) collected for a clinical trial subject to the Federal Policy for the Protection of Human Subjects under 45 C.F.R. 46; (ii) collected pursuant to good clinical practice guidelines issued by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use; (iii) collected pursuant to the human subject protection requirements under 21 C.F.R. 50 and 56; or (iv) personal information used or disclosed in research conducted in accordance with one or more of the requirements set forth in this paragraph;
(7) information and documents created for purposes of the federal Health Care Quality Improvement Act of 1986, 42 U.S.C. 11101 et seq., as amended from time to time;
(8) patient safety work product for purposes of the federal Patient Safety and Quality Improvement Act, 42 U.S.C. 299b-21 et seq., as amended from time to time;
(9) information that is: (i) derived from any of the health care-related information listed in this subsection; and (ii) de-identified in accordance with the requirements for de-identification pursuant to 45 C.F.R. 164;
(10) information that is treated in the same manner as, or that originates from and is intermingled to be indistinguishable with, information that is exempt under this subsection and maintained by: (i) a covered entity or business associate; (ii) a health care facility or health care provider; or (iii) a program of a qualified service organization as defined by 42 U.S.C. 290dd-2;
(11) an activity involving the processing of any personal information bearing on an individual’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living by: (i) a consumer reporting agency, as defined in 15 U.S.C. 1681a(f); (ii) a furnisher of information, as set forth in 15 U.S.C. 1681s-2, that provides information for use in a consumer report, as defined in 15 U.S.C. 1681a(d); and (iii) a user of a consumer report, as set forth in 15 U.S.C. 1681b; provided, however, that this paragraph shall apply only to the extent that: (A) the activity is regulated by the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., as amended from time to time; and (B) the personal information is processed solely as authorized by the federal Fair Credit Reporting Act; and provided further, that the exemption established pursuant to this paragraph shall not apply with respect to section 26 of this chapter;
(12) personal information processed in compliance with the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. 2721 et seq., as amended from time to time;
(13) personal information regulated by the federal Family Educational Rights and Privacy Act, 20 U.S.C. 1232g et seq., as amended from time to time;
(14) personal information processed in compliance with the federal Farm Credit Act, 12 U.S.C. 2001 et seq., as amended from time to time;
(15) personal information processed in compliance with the federal Gramm-Leach-Bliley Act, 15 U.S.C. 6801 et seq., as amended from time to time;
(16) personal information processed in compliance with chapter 175I of the General Laws;
(17) personal information processed by an air carrier specifically in relation to price, route or service, as such terms are used in the Airline Deregulation Act, 49 U.S.C. 40101 et seq., as amended from time to time; provided, however, that this exemption shall apply solely to the extent that provisions of this chapter may be preempted by section 41713 of the Airline Deregulation Act; and
(18) personal information processed for purposes of chapter 176Q of the General Laws.
(e) Section 7 and sections 9 through 13 of this chapter shall not apply to information that is processed:
(1) in the course of an individual acting in a professional or commercial context, to the extent that the information is collected and used within that context;
(2) in the course of an individual acting as a job applicant to, an employee of, or an agent or independent contractor of a controller, processor, or third party, to the extent that the information is collected and used within the context of the individual’s role;
(3) as the emergency contact information of an individual acting pursuant to paragraph (2) of this subsection, to the extent that the information is solely used for emergency contact purposes; or
(4) in order to administer benefits for another natural person relating to an individual acting pursuant to paragraph (2), to the extent that the information is used solely for the purposes of administering those benefits.
Section 4. Conflicting Provisions
(a) Wherever possible, law relating to individuals’ personal information shall be construed to harmonize with the provisions of this chapter, but in the event of a conflict between the provisions of other laws and this chapter, the provisions that afford the greatest protection for the right of privacy for individuals shall control.
(b) Controllers and processors that comply with the verifiable parental consent requirements of the federal Children’s Online Privacy Protection Act, 15 U.S.C. 6501 et seq., as amended from time to time, shall be in compliance with any obligation to obtain parental consent under this chapter. Nothing in this chapter shall be construed to relieve or change any obligations that a controller, processor, or other entity may have under such Act.
Section 5. General Principles for Processing Personal Information
(a) Personal information shall be:
(1) processed lawfully, fairly and in a transparent manner in relation to the individual and in compliance with this chapter;
(2) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
(3) processed in a manner that is adequate, relevant and limited to what is reasonably necessary in relation to the purposes for which it is processed;
(4) maintained in a manner such that the information is accurate and, where necessary, kept up to date;
(5) maintained in a form which permits identification of individuals for no longer than is necessary for the purposes for which the personal information is processed; and
(6) processed in a manner that ensures that the information remains appropriately secure.
(b) A controller shall be responsible for complying with subsection (a) by implementing procedures that are reasonable and appropriate, taking into consideration:
(1) the size, scope and type of the controller;
(2) the amount of resources available to the controller;
(3) the amount and nature of personal information processed by the controller, including, but not limited to, whether the personal information is sensitive information; and
(4) the need for upholding security, integrity and confidentiality with respect to the personal information processed by the controller.
(c) A controller that is compliant with the regulations promulgated pursuant to chapter 93H of the General Laws with respect to “personal information,” as that term is defined in section 1 of said chapter 93H, shall be in compliance with the principle set forth in paragraph (6) of subsection (a) of this section with respect to such personal information.
Section 6. Lawful Bases for Processing Personal Information
(a) Processing shall be lawful and in compliance with this chapter only if:
(1) the individual has given consent to the processing of their personal information for one or more specific purposes;
(2) processing is necessary for the performance of a contract to which the individual is party or in order to take steps at the request of the individual prior to entering into a contract;
(3) processing is necessary for compliance with a legal obligation to which the controller is subject;
(4) processing is necessary in order to protect the vital interests of the individual or of another natural person; provided, however, that the processing cannot be manifestly based on another legal basis and the individual or other natural person is at risk or danger of death or serious physical injury; or
(5) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the individual’s reasonable expectations of privacy or other legal rights; provided, however, that the controller shall conspicuously disclose such processing to the individual in advance and consider the following factors when assessing whether to process personal information pursuant to this paragraph:
(i) the context in which the personal information would be collected;
(ii) whether the processing is reasonably necessary and proportionate to: (A) provide or maintain a specific product or service requested or reasonably anticipated by the individual to whom the personal information pertains; or (B) perform other specified purposes that are compatible with the reasonable expectations of the individual based on the individual’s relationship with the controller;
(iii) whether the controller or third party can achieve their legitimate interests in another less intrusive way;
(iv) the amount of personal information that would be processed;
(v) the nature of the personal information that would be processed, taking into account whether processing the information, such as in the case of processing the business contact information of an individual acting in a commercial or business context, poses minimal risks to the individual;
(vi) the possible unlawful disparate impacts and the financial, physical, reputational, or other cognizable harms or consequences for the individual whose personal information would be processed;
(vii) whether the processing interferes with an individual’s right to privacy pursuant to section 1B of chapter 214 of the General Laws; and
(viii) the need for upholding security, integrity and confidentiality with respect to the personal information that would be processed.
(b) A controller shall not rely on paragraph (5) of subsection (a) as a lawful basis for processing personal information for the purposes of profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the individual, including, but not limited to, decisions that result in the provision or denial of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health care services or access to essential goods or services.
Section 7. Right to Privacy Notice
(a) At or before the point of the collection of an individual’s personal information, controllers shall provide the individual with a reasonably accessible, clear and meaningful privacy notice that shall include:
(1) a clear and conspicuous description of: (i) whether the controller sells personal information to third parties or processes personal information for the purposes of targeted cross-contextual or first-party advertising; (ii) what categories of sensitive information, if any, the controller processes and for what purposes; (iii) an individual’s rights pursuant to sections 8 through 13; (iv) how and where individuals may request to exercise these rights; and (v) a link to the attorney general’s online mechanism through which the individual may contact the attorney general to submit a complaint pursuant to subsection (p) of section 25;
(2) the categories of personal information processed by the controller;
(3) the controller’s purposes for processing the personal information;
(4) the categories of personal information, if any, that the controller sells to third parties;
(5) the categories of third parties, if any, to whom the controller sells personal information;
(6) whether the controller sells personal information to registered data brokers, along with a link to the web page pursuant to paragraph (3) of subsection (p) of section 25;
(7) the affiliates to whom the controller discloses personal information;
(8) the categories of sources from which personal information is collected;
(9) the length of time the controller intends to retain each category of personal information, or, if that is not possible, the criteria used to determine such period; provided, however, that a controller shall retain personal information for a duration consistent with paragraph (5) of subsection (a) of section 5;
(10) the effective date of the privacy notice;
(11) whether or not any personal information processed by the controller is sold to, processed in, stored in or otherwise accessible to the People’s Republic of China, Russia, Iran or North Korea; and
(12) a contact method, such as an active email address or other online mechanism, that the individual may use to contact the controller.
(b) A controller shall not collect additional categories of personal information or process personal information collected for additional purposes that are incompatible with the disclosed purposes for which the personal information was collected, without providing the individual with notice consistent with subsection (a) of this section.
(c) An entity that, acting as a third party, controls the collection of an individual’s personal information may satisfy its obligation under this section by providing the required information prominently and conspicuously on the homepage of its internet website; provided, however, that if an entity, acting as a third party, controls the collection of personal information about an individual on its premises, including in a vehicle, then the entity shall, at or before the point of collection, satisfy its obligation under subsection (a) of this section by providing the required information in a clear and conspicuous manner at such location.
(d) Nothing in this section shall require a controller to provide the information in a manner that would disclose the controller’s trade secrets.
(e) The categories of sensitive information required to be disclosed by a controller pursuant to this section shall specifically include each applicable subcategory set forth in paragraphs (1) through (9) in the definition of sensitive information in section 2.
(f) A large data holder shall retain and make publicly available on its internet website:
(1) copies of previous versions of its privacy notices for at least 10 years; and
(2) a log describing the date and nature of each change to its privacy notice that is likely to affect a reasonable individual’s decision or conduct regarding a large data holder’s product or service.
(g) Subsection (f) shall only apply to privacy notices created or generated after the effective date of this section and shall not be retroactive.
Section 8. Opting Out of the Sale of Personal Information and Targeted Advertising
(a) An individual shall have the right to opt out of the processing of the individual’s personal information for the purposes of:
(1) the sale of the personal information;
(2) targeted cross-contextual advertising; or
(3) targeted first-party advertising.
(b) A controller shall comply with an opt-out request pursuant to this section as soon as reasonably possible; provided, however, that a controller shall comply with an opt-out request with respect to paragraph (1) of subsection (a) in a time frame that is reasonably proportionate to the amount of time it takes the controller to sell such personal information to third parties; and provided further, that in any event, a controller shall comply with an opt-out request pursuant to this section not later than 15 days after receipt of the request.
(c) A controller that has received an opt-out request pursuant to this section shall be prohibited from processing the individual’s personal information for the purposes of the sale of the personal information or for targeted cross-contextual or first-party advertising, unless the individual subsequently provides consent for such processing. After complying with an individual’s opt-out request, a controller shall wait for not less than 12 months before requesting the individual’s consent to process the individual’s personal information for the purposes of the sale of the personal information or for targeted cross-contextual or first-party advertising.
(d) A data broker that has been sold an individual’s personal information shall not further process an individual’s personal information for the purposes of the sale of the personal information or for targeted cross-contextual advertising, unless the individual has received explicit notice and is provided an opportunity to exercise the opt-out right pursuant to this section.
(e) If a controller communicates to any entity authorized by the controller to collect personal information that an individual has requested to exercise the opt-out right pursuant to this section, that entity shall thereafter only use that individual’s personal information for purposes specified by the controller, or as otherwise permitted by this chapter, and shall be prohibited from:
(1) processing the individual’s personal information for the purposes of the sale of the personal information or for targeted cross-contextual or first-party advertising; and
(2) processing that individual’s personal information: (i) outside of the direct relationship between the entity and the controller; or (ii) for any purpose other than for the specific purpose of providing or performing the services offered to the controller.
(f) A controller that pursuant to subsection (e) communicates an individual’s opt-out request to an entity shall not be liable under this chapter if the entity receiving the opt-out request violates the restrictions set forth in this chapter; provided, however, that at the time of communicating the opt-out request, the controller does not know or should not reasonably know that the entity intends to commit such a violation.
(g) An individual may designate an authorized agent to act on the individual’s behalf to opt out of the processing of such individual’s personal information for one or more of the purposes specified in subsection (a). The individual may designate such authorized agent by way of, among other things, a technology, including, but not limited to, an internet link or a browser setting, browser extension or global device setting, indicating the individual’s intent to opt out of such processing. A controller shall comply with an opt-out request received from an authorized agent if the controller is able to verify, with commercially reasonable effort, the authorized agent’s authority to act on the individual’s behalf. An authorized agent shall:
(1) not use an individual’s personal information for any purposes other than to fulfill the individual’s requests, for verification or for fraud prevention; and
(2) implement and maintain reasonable security procedures and practices to protect the individual’s personal information.
(h) A controller shall allow an individual to opt out of the processing of the individual’s personal information for one or more of the purposes specified in subsection (a) through an opt-out preference signal sent with the individual’s consent to the controller by a platform, technology or mechanism indicating the individual’s intent to opt out of such processing; provided, however, that such platform, technology or mechanism shall meet the requirements and technical specifications established by the attorney general pursuant to subsection (u) of section 25; and provided further, that a controller shall notify individuals about any such platform, technology or mechanism in any privacy notice provided pursuant to section 7.
(i) If an individual decides to opt out of the processing of the individual’s personal information for one or more of the purposes specified in subsection (a) through an opt-out preference signal sent in accordance with this chapter and the individual’s decision conflicts with the individual’s existing controller-specific privacy setting or voluntary participation in the controller’s bona fide loyalty, rewards, premium features, discounts or club card program, the controller shall comply with the individual’s opt-out preference signal but may notify the individual of the conflict and provide the individual with the choice to opt back into such controller-specific privacy setting or participation in such a program; provided, however, that the controller shall not use dark patterns to coerce the individual to opt back in to such controller-specific privacy setting or participation in such program.
(j) If a controller responds to an individual’s opt-out request pursuant to this section by informing the individual of a charge for the use of any product or service, the controller shall present the terms of any financial incentive offered in accordance with section 16 for the collection, processing, sale or retention of the individual’s personal information.
(k) A request to exercise the right to opt out pursuant to this section shall not need to be a verifiable request. If a controller, however, has a good-faith, reasonable and documented belief that the request is fraudulent, the controller may deny the request. The controller shall inform the requestor that it will not comply with the request and shall provide an explanation why it believes the request is fraudulent.
(l) For each calendar year in which a controller is a large data holder, the controller shall prepare a report that details the number of requests that is has received to opt out pursuant to paragraphs (1), (2) and (3) of subsection (a); provided, however, that the controller shall specify the number of such requests that the controller has denied; and provided further, that the controller shall make its report publicly available on its internet website and submit the report to the attorney general not later than January 31 following each year in which a controller meets the definition of a large data holder under this chapter.
Section 9. Protections for Sensitive Information
(a) A controller shall not process an individual’s sensitive information for the purposes of the sale of such information or for targeted cross-contextual or first-party advertising, unless the controller has obtained the consent of the individual, or, in the case of a child, the child’s parent or guardian.
(b) A controller shall not otherwise process an individual’s sensitive information without first obtaining the consent of the individual, or, in the case of a child, the child’s parent or guardian, except to the limited extent necessary to:
(1) perform the services or provide the goods reasonably expected by an average individual who requests those services or goods;
(2) maintain or service accounts, provide customer service, process or fulfill orders and transactions, verify customer information, process payments, provide financing, provide analytic services, provide storage or provide other similar services;
(3) verify, maintain, improve or upgrade the quality or safety of the service or device that is owned, manufactured, manufactured for or controlled by the controller; or
(4) perform short-term, transient use, including, but not limited to, advertising that is based solely on an individual’s personal information derived from the individual’s current intentional interaction with the controller; provided, however, that the sensitive information shall not be an individual’s precise geolocation information; and provided further, that the individual’s sensitive information shall not be: (i) disclosed to another third party; or (ii) used to build a profile about the individual or otherwise alter the individual’s experience outside the current interaction with the controller; or
(5) otherwise process the information pursuant to an exemption stipulated in section 24.
(c) If a controller does not receive consent for the processing of an individual’s sensitive information, the controller shall wait for not less than 12 months before making a subsequent request for the individual or, in the case of a child, the child’s parent or guardian, to consent to such processing.
Section 10. Right to Access and Transport Personal Information
(a) For the purposes of this section, “specific pieces of information” shall not include any data generated to uphold security, confidentiality and integrity.
(b) An individual shall have the right to request that a controller that processes the individual’s personal information disclose to the individual the specific pieces of personal information that the controller has processed about the individual, including inferences linked or reasonably linkable to the individual.
(c) In response to a verifiable request pursuant to subsection (b), a controller shall provide to the individual the specific pieces of personal information that the controller has processed about the individual in a portable format that is easily understandable to the average individual and, to the extent technically feasible, in a readily usable format that allows the individual to transmit the information to another controller without hindrance.
(d) The disclosure of the required information pursuant to this section shall cover the 12-month period preceding the controller’s receipt of the verifiable request; provided, however, that an individual may request that the controller disclose the required information beyond the 12-month period, and the controller shall be required to provide such information unless doing so proves impossible or would constitute an undue burden for the controller; and provided further, that an individual’s ability to request information beyond the 12-month period shall be disclosed in a controller’s privacy notice pursuant to clause (iii) of paragraph (1) of subsection (a) of section 7.
(e) Nothing in this section shall require a controller to provide the information requested in a manner that would disclose the controller’s trade secrets.
Section 11. Right to Delete Personal Information
(a) An individual shall have the right to request that a controller delete any personal information processed about the individual.
(b) A controller that receives a verifiable request to delete the individual’s personal information shall:
(1) delete the individual’s personal information from its records;
(2) notify all processors to whom the controller has disclosed the individual’s personal information to delete the individual’s personal information from their records; and
(3) notify all third parties to whom the controller has sold the individual’s personal information to delete the personal information from their records, unless doing so proves impossible or would constitute an undue burden for the controller.
(c) A controller may maintain a confidential record of deletion requests solely for:
(1) preventing the sale of the personal information of the individual who has submitted a deletion request;
(2) ensuring that such individual’s personal information is deleted from the controller’s records; or
(3) other purposes to the extent permissible pursuant to section 24 and subsection (i) of section 15.
(d) A controller, or a processor acting pursuant to its contract with the controller, shall not be required to comply with an individual’s request to delete the individual’s personal information if it is reasonably necessary for the controller or processor to maintain the individual’s personal information in order to:
(1) complete the transaction for which the personal information was collected, provide a good or service requested by the individual or reasonably anticipated by the individual within the context of the controller’s ongoing relationship with the individual, or otherwise perform a contract between the controller and the individual;
(2) enable solely internal uses that are: (i) reasonably aligned with the expectations of the individual based on the individual’s relationship with the controller; and (ii) compatible with the context in which the individual provided the personal information;
(3) maintain personal information that relates to a public figure and for which the individual making the deletion request has no reasonable expectation of privacy; or
(4) comply with a legal obligation or otherwise process personal information pursuant to an exemption stipulated in section 24.
(e) The controller or processor shall retain personal information pursuant to subsection (d) solely for the applicable purposes under that subsection.
Section 12. Right to Correct Personal Information
(a) An individual shall have the right to request that a controller correct inaccurate personal information processed about the individual, taking into account the nature of the personal information and the purposes of the processing of such information.
(b) A controller that receives a verifiable request to correct inaccurate personal information shall correct the inaccurate personal information as directed by the individual.
Section 13. Right to Revoke Consent
(a) If a controller chooses to process an individual’s personal information on the basis of the individual’s consent pursuant to paragraph (1) of subsection (a) of section 6, the option for an individual to refuse consent shall be clear, at least as prominent as the option to accept, and easy to use by a reasonable individual.
(b) In addition to an individual’s opt-out right pursuant to section 8, an individual shall have the right to revoke consent that the individual previously gave to a controller to process the individual’s personal information for any other purposes. The controller shall:
(1) provide a mechanism for individuals to revoke consent that is clear, conspicuous and easy to use by a reasonable individual; and
(2) in response to an individual’s verifiable request to revoke the individual’s consent, cease to process the individual’s personal information as soon as reasonably possible.
Section 14. Exercising Privacy Rights
(a) An individual may exercise the rights set forth in sections 8 through 13 by submitting a request, at any time, to a controller specifying which rights the individual wishes to exercise.
(b) With respect to the processing of personal information of a child, the child’s parent or legal guardian may exercise the rights set forth in sections 8 through 13 on the child’s behalf.
(c) With respect to the processing of personal information concerning an individual subject to guardianship, conservatorship or other protective arrangement under article V or article 5A of chapter 190B of the General Laws, the individual’s guardian or conservator may exercise the rights set forth in sections 8 through 13 on the individual’s behalf.
Section 15. Responding to Requests to Exercise Privacy Rights
(a) Except as otherwise provided in this chapter, a controller shall comply with an individual’s request to exercise the rights set forth in sections 10 through 13.
(b) A controller shall inform the individual of any action taken on a request to exercise any of the rights set forth in sections 10 through 13 without undue delay and in any event within 45 days of receipt of the request; provided, however, that the period may be extended once by 45 additional days where reasonably necessary, taking into account the complexity and number of the requests; and provided further, that the controller shall notify the individual of any such extension within 45 days of receipt of the request, together with the reasons for the delay.
(c) A controller shall not be obligated to comply with a request to exercise the rights set forth in sections 10 through 13 if the request is not a verifiable request. In such a case, the controller shall notify the individual that it is unable to act on the request until it receives additional information reasonably necessary to verify that the request is being made by the individual or by another person who is entitled to exercise such rights on behalf of the individual pursuant to section 14.
(d) A verifiable request to exercise the rights set forth in sections 10 through 13 shall not extend to personal information about the individual that belongs to, or the controller maintains on behalf of, another natural person. A controller may rely on representations made in a verifiable request as to rights with respect to personal information and shall not be required to seek out other persons that may have or claim to have rights to personal information or to take any action under this chapter in the event of a dispute between or among persons claiming rights to personal information in the controller’s possession.
(e) When a controller, pursuant to section 23, is incapable of complying with an individual’s verifiable request, the controller shall, if possible, notify the individual that it is unable to identify the individual and cannot act on the request. The individual, or a person entitled to exercise the rights of this chapter on behalf of the individual pursuant to section 14, may provide additional information to the controller enabling the individual’s identification for the purposes of exercising the rights set forth in sections 10 through 13.
(f) If a controller declines to take action regarding an individual’s request, the controller shall notify the individual of the justification for declining to take action and provide the individual with instructions on how to submit a complaint pursuant to subsection (i) of this section. Such notification shall occur without undue delay, but not later than 45 days after the initial receipt of the request or not later than 45 days after notifying the individual of the applicability of an extension pursuant to subsection (b).
(g) A controller shall not be obligated to provide the information required by section 10 to the same individual more than twice in a 12-month period. Information provided in response to a request shall be provided by the controller to the individual free of charge.
(h) If requests from an individual, or from a person entitled to exercise the rights of this chapter on behalf of such individual pursuant to section 14, are manifestly unfounded, excessive or repetitive, the controller may: (1) charge a reasonable fee to cover the administrative costs of complying with the request; or (2) refuse to act on the request. The controller shall bear the burden of demonstrating the manifestly unfounded or excessive nature of the request.
(i) When informing an individual of any action taken or not taken in response to a request, the controller shall provide the individual with a link to the attorney general’s online mechanism through which the individual may contact the attorney general to submit a complaint. The controller shall maintain records of all rejected requests for not less than 24 months and shall compile and provide a copy of such records to the attorney general upon the attorney general’s request.
Section 16. Non-Discrimination Against Individuals’ Good Faith Exercise of Privacy Rights
(a) A controller shall not discriminate against an individual for exercising in good faith any of the rights set forth in this chapter, including, but not limited to, by:
(1) denying goods or services to the individual;
(2) charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
(3) providing a different level of quality of goods or services to the individual;
(4) suggesting that the individual will receive a different price or rate for goods or services or a different level of quality or goods or services; or
(5) retaliating against a job applicant to, an employee of, or an agent or independent contractor of the controller for exercising their rights under this chapter.
(b) This section shall not prohibit a controller from offering a different price, rate, level, quality or selection of goods or services to an individual, including offering goods or services for no fee, if:
(1) the offering is in connection with an individual’s voluntary participation in a bona fide loyalty, rewards, premium features, discounts or club card program; and
(2) the difference is reasonably related to the value provided to the controller by the individual’s personal information.
(c) Nothing in this section shall be construed to:
(1) require a controller to provide a product or service that requires an individual’s personal information that the controller does not process; or
(2) prohibit a controller from offering a financial incentive, including payments to individuals as compensation, for the processing of personal information; provided, however, that such payments shall be reasonably related to the value provided to the controller by the individual’s personal information.
Section 17. Disclosure of Methods for Exercising Privacy Rights
(a) A controller shall make available and describe in a privacy notice pursuant to section 7 not less than 2 designated methods for submitting a request to exercise the rights set forth in sections 8 through 13. The designated methods shall be reasonably accessible to individuals and take into account the ways in which individuals interact with the controller, the need for secure and reliable communication of the request, and the ability of the controller to determine whether the request is a verifiable request. If a controller maintains an internet website, the controller shall make its website available as one such designated method for submitting a request. A controller shall not require an individual to create a new account but may require an individual to use an existing account in order to exercise a right under this chapter.
(b) A controller that processes personal information for the purposes of selling such information or for targeted cross-contextual advertising shall provide a clear and conspicuous link on the controller’s internet homepages to an internet web page that enables an individual, or an individual’s authorized agent, to exercise their right to opt out of such processing.
(c) A controller that processes personal information for the purposes of targeted first-party advertising shall provide a clear and conspicuous link on the controller’s internet homepages to an internet web page that enables an individual, or an individual’s authorized agent, to exercise their right to opt out of such processing.
(d) In lieu of complying with both subsections (b) and (c), a controller that is subject to both subsections may utilize a single clearly labeled link on the controller’s internet homepages, if that link easily allows an individual, or an individual’s authorized agent, to exercise their right to opt out of the processing of the individual’s personal information for the purposes of the sale of such information and for targeted cross-contextual and first-party advertising.
(e) A controller shall:
(1) ensure that all persons responsible for handling individuals’ inquiries about the controller’s privacy practices or compliance with this chapter are informed of: (i) all requirements set forth under this chapter; and (ii) how to direct individuals to exercise their rights set forth in sections 8 through 13 of this chapter;
(2) include a separate link to the applicable web pages required under subsections (b), (c), or (d) of this section in any privacy notice that the controller is required to provide to individuals pursuant to section 7;
(3) process any personal information collected from the individual in connection with the submission of the individual’s request to exercise any of the rights set forth in sections 8 through 13 solely for the purposes of complying with the request;
(4) process any personal information collected in connection with the controller’s verification of the individual’s request solely for the purposes of verification and not further disclose the personal information, retain it longer than necessary for purposes of verification or use it for unrelated purposes;
(5) not require an individual to provide additional information beyond what is necessary to direct the controller, pursuant to section 8, to not process the individual’s personal information for the purposes of the sale of such information or for targeted cross-contextual or first-party advertising; and
(6) not condition, effectively condition, attempt to condition or attempt to effectively condition the exercise of the rights set forth in sections 8 through 13 through the use of dark patterns or any false fictitious, fraudulent or materially misleading statement or representation.
Section 18. No Waiver
Any provision of a contract or agreement that purports to waive or limit in any way individual rights under this chapter shall be deemed contrary to public policy and shall be void and unenforceable.
Section 19. Relationship Among Controllers, Processors and Third Parties
(a) A processor shall not be required to comply with a request to exercise the rights set forth in sections 8 through 13 that the processor receives directly from an individual, or from a person entitled to exercise such rights on behalf of the individual, to the extent that the processor has processed the individual’s personal information on behalf of the controller.
(b) A processor shall adhere to the instructions of the controller and assist the controller in meeting its obligations under this chapter. Taking into account the nature of the processing and with respect to the personal information available to the processor as a result of its relationship with the controller, a processor shall:
(1) take appropriate technical and organizational measures, insofar as is possible, to fulfill the controller’s obligation to respond to individuals’ requests to exercise their rights pursuant to sections 8 through 13;
(2) provide information to the controller necessary to enable the controller to conduct and document any risk assessment required by section 21; and
(3) assist the controller in meeting the controller’s obligations in relation to the security of processing the personal information and in relation to the notification of a breach of security of the system of the processor pursuant to chapter 93H of the General Laws; provided, however, that the controller and the processor shall: (i) implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk; and (ii) establish a clear allocation of the responsibilities between them to implement such measures.
(c) When working with the controller to respond to a verifiable request to delete an individual’s personal information, the processor shall notify any processors or third parties who may have accessed the personal information from or through the processor to delete the personal information, unless the information was accessed at the direction of the controller or unless doing so proves impossible or would constitute an undue burden.
(d) Notwithstanding the instructions of the controller, a processor shall ensure that each person processing personal information is subject to a duty of confidentiality with respect to the information.
(e) If a processor engages another entity to assist the processor in processing personal information on behalf of the controller, the processor shall provide the controller with an opportunity to object and the engagement shall be pursuant to a written contract, in accordance with the provisions of subsection (f), that requires the entity to meet the obligations of the processor with respect to the personal information.
(f) A contract between a controller and a processor shall govern the processor’s procedures with respect to processing individuals’ personal information that the processor receives from or on behalf of the controller. The contract shall be binding on both parties and clearly set forth the processing instructions to which the processor is bound, including:
(1) the nature and purpose of the processing;
(2) the type of personal information subject to the processing;
(3) the duration of the processing;
(4) the rights and obligations of both parties;
(5) the requirements imposed by subsections (d) and (e); and
(6) the following requirements:
(i) at the controller’s direction, the processor shall delete or return all personal information to the controller as requested at the end of the provision of services, unless retention of the personal information is required by law;
(ii) upon the reasonable request of the controller, the processor shall make available to the controller all information in its possession necessary to demonstrate compliance with the obligations under this chapter;
(iii) the processor shall: (A) allow for, and cooperate with, reasonable audits and inspections by the controller or the controller’s designated auditor; or (B) arrange for, with the controller’s consent, a qualified and independent auditor to conduct, at least annually and at the processor’s expense, an audit of the processor’s policies and technical and organizational measures in support of the obligations under this chapter using an appropriate and accepted control standard or framework and audit procedure for such audits; provided, however, that the processor shall disclose a report of the audit to the controller upon request; and
(iv) the processor shall be prohibited from: (A) selling the personal information; (B) processing personal information other than for the purposes specified in the contract or as otherwise permitted by this chapter; (C) processing personal information outside of the direct relationship between the processor and the controller; or (D) combining, for the purpose of targeted advertising, the personal information with the personal information that the processor receives from, or on behalf of, another entity or that it collects from its own interaction with the individual.
(g) In no event may any contract relieve a controller or a processor from the liabilities imposed on it by this chapter.
(h) A controller shall exercise reasonable due diligence in:
(1) selecting a processor; and
(2) deciding whether to sell personal information to a third party.
Section 20. Data Broker Registration
(a) Not later than January 31 following each year in which a controller meets the definition of a data broker under this chapter, the controller shall register with the attorney general pursuant to the requirements of this section.
(b) When registering with the attorney general, a data broker shall pay a registration fee of 200 dollars and provide the following information:
(1) the data broker’s name and primary physical, email and internet website addresses;
(2) any privacy notice that the data broker discloses to individuals pursuant to section 7;
(3) how individuals may request to exercise their rights under sections 8 through 13;
(4) whether the data broker implements a purchaser credentialing process;
(5) whether the data broker processes the personal information of minors or children;
(6) whether it qualifies as a data broker pursuant to paragraph (1), (2) or (3) of the definition of data broker in section 2;
(7) whether the data broker is a large data holder; and
(8) any additional information the data broker may wish to provide.
Section 21. Risk Assessments
(a) A controller shall establish, implement and maintain reasonable policies, practices and procedures to identify, assess and mitigate reasonably foreseeable privacy risks and cognizable harms related to their products and services, including the design, development and implementation of such products and services.
(b) A controller shall, prior to the processing, carry out and document a risk assessment of the impact of each of the following processing operations:
(1) processing personal information for the purposes of: (i) the sale of the personal information; (ii) targeted cross-contextual advertising; or (iii) targeted first-party advertising;
(2) processing personal information for the purposes of profiling or otherwise systematically and extensively evaluating personal aspects relating to individuals; provided, however, that such processing presents a reasonably foreseeable risk of resulting in:
(i) discrimination on the basis of race, color, religion, national origin, sex or disability or other unfair or deceptive treatment of, or unlawful disparate impact on, individuals;
(ii) financial, physical or reputational harm to individuals;
(iii) a physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of individuals, where such intrusion would be offensive to a reasonable person; or
(iv) other substantial cognizable harms to individuals;
(3) processing sensitive information; and
(4) any other processing that is likely to result in a high risk of harm to individuals, taking into account the nature, scope, context, and purposes of the processing and whether the processing involves new technologies.
(c) The assessment shall contain at a minimum:
(1) a systematic description of the envisioned processing operations and the purposes of the processing, including, where applicable, the legitimate interest pursued by the controller or third party;
(2) a description and brief justification of the lawful basis, pursuant to section 6, that the controller is relying on to process the individual’s personal information;
(3) an assessment of the necessity of the processing operations in relation to the purposes, taking into account whether the controller or third party can achieve their legitimate interests in another less intrusive way;
(4) an assessment of the proportionality of the processing operations in relation to the purposes, taking into account the amount and nature of the personal information to be processed;
(5) a description of: (i) the context of the processing; (ii) the relationship between the controller and the individual whose personal information would be processed; and (iii) whether the controller is processing an individual’s personal information in ways in which the individual would reasonably expect;
(6) an assessment of the risks of the processing operations to individuals; provided, however, that such assessment shall include, but not be limited to, whether the processing: (i) poses reasonably foreseeable risks to children or minors; (ii) presents a reasonably foreseeable risk of disparate impact on the basis of individuals’ race, color, religion, national origin, sex or disability; or (iii) would result in the provision or denial of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health care services or access to essential goods or services; and
(7) the measures envisioned to mitigate the risks, including, but not limited to, safeguards such as de-identification and security measures to ensure the protection of personal information in compliance with this chapter, taking into account the individuals’ reasonable expectations of privacy or other legal rights.
(d) In any risk assessment required pursuant to this section, a large data holder shall also:
(1) specify whether the processing is based in whole or in part on an algorithmic computational process that:
(i) uses machine learning, natural language processing, artificial intelligence techniques or other techniques of similar or greater complexity;
(ii) makes a decision or facilitates human decision-making with respect to personal information, including decisions that determine the provision of products or services or that rank, order, promote, recommend, amplify or similarly determine the delivery or display of information to an individual; and
(iii) poses a reasonably foreseeable risk of substantial cognizable harm to individuals; and
(2) include a description of:
(i) the design process and methodologies of any such algorithmic computational process pursuant to paragraph (1);
(ii) the categories of data that would be processed as input or used to train the model that any such algorithmic computational process relies on; and
(iii) the outputs that would be produced by any such algorithmic computational process.
(e) Subsections (a) through (d) shall not apply to processing:
(1) that a controller performs pursuant to paragraph (3) of section 6; and
(2) for which the controller has already carried out a risk assessment for the purpose of compliance with another applicable law that regulates the specific processing operation or set of operations in question; provided, however, that such assessment has reasonably comparable scope and effect to the assessment that would otherwise be conducted pursuant to this section.
(f) For the purpose of complying with this section, a controller may leverage its existing work product of risk assessments that the controller has conducted or is conducting for the purpose of complying with another applicable law.
(g) A single risk assessment may address a set of similar processing operations that present similar high risks.
(h) The controller shall carry out a review of the risk assessment if there is a change of the risk represented by the processing operations.
(i) A controller shall implement procedures to comply with this section that are reasonable and appropriate taking into consideration:
(1) the size, scope, and type of the controller;
(2) the amount of resources available to the controller;
(3) the amount and nature of personal information processed by the controller, including, but not limited to, whether the personal information is sensitive information; and
(4) the need for upholding security, integrity and confidentiality with respect to the personal information processed by the controller.
(j) The attorney general may require, pursuant to a civil investigative demand, that a controller disclose any risk assessment that is relevant to an investigation conducted by the attorney general. The controller shall accordingly make the risk assessment available to the attorney general, who may evaluate the risk assessment for compliance with the responsibilities set forth in this chapter. Risk assessments shall be confidential and exempt from public inspection and copying under chapter 66 of the General Laws. The disclosure of a risk assessment pursuant to a civil investigative demand from the attorney general shall not constitute a waiver of attorney-client privilege or work product protection with respect to the assessment and any information contained in the assessment.
(k) Risk assessments shall apply to processing activities created or generated after the effective date of this section and shall not be retroactive.
Section 22. Processing That Unlawfully Discriminates
(a) A controller shall not process personal information in a manner that discriminates in, or otherwise makes unavailable, the equal enjoyment of goods or services on the basis of race, color, religion, national origin, sex or disability.
(b) A controller that processes personal information in a manner that violates chapter 151B of the General Laws or any other state or federal law prohibiting unlawful discrimination against individuals shall also be in violation of this chapter.
(c) Nothing in this section shall be construed to limit controllers from processing personal information for the purpose of:
(1) legitimate testing to prevent unlawful discrimination or otherwise determine the extent or effectiveness of the controller’s compliance with this section; or
(2) diversifying an applicant, participant or customer pool.
(d) This section shall not apply to any private club or group not open to the public, pursuant to section 201(e) of the Civil Rights Act of 1964, 42 U.S.C. 2000a(e), as amended from time to time.
Section 23. De-Identified Information
This chapter shall not be construed to require a controller or processor to do any of the following solely for the purpose of complying with this chapter:
(1) maintain information in an identifiable, linkable or associable form, or collect, obtain, retain or access any information or technology, in order to be capable of linking or associating a verifiable request with personal information; or
(2) reidentify or otherwise link de-identified information; provided, however, that the controller, pursuant to subsection (e) of section 15, shall provide applicable notice to the individual that it is unable to identify the individual.
Section 24. Limitations
(a) The obligations imposed on controllers or processors under this chapter shall not restrict a controller’s or a processor’s ability to:
(1) comply with federal, state or local laws, rules or regulations;
(2) comply with a civil, criminal or regulatory inquiry, subpoena or summons by federal, state, local or other governmental authorities;
(3) cooperate with law enforcement agencies concerning conduct or activity that the controller or processor reasonably and in good faith believes may violate federal, state or local laws, rules or regulations;
(4) investigate, establish, exercise, prepare for or defend legal claims.
(5) take immediate steps to protect the security or protection of an individual or another natural person, if that individual or other natural person is at risk or danger of death or serious physical injury;
(6) process the personal information of a child or minor solely in order to submit information relating to child victimization to law enforcement or to the nonprofit, national resource center and clearinghouse congressionally designated to provide assistance to victims, families, child-serving professionals and the general public on missing and exploited children issues; or
(7) assist another controller, processor or third party with any of the obligations under this subsection.
(b) The obligations imposed on controllers or processors under sections 8 through 13 shall not restrict a controller or processor’s ability to process personal information for the following purposes, provided that the use of the individual’s personal information is reasonably necessary and proportionate for such purposes:
(1) helping to uphold security, confidentiality and integrity;
(2) debugging to identify and repair errors that impair existing intended functionality;
(3) fulfilling the terms of a written warranty or product recall conducted in accordance with federal law;
(4) engaging in public or peer-reviewed scientific, historical or statistical research in the public interest that conforms or adheres to all other applicable ethics and privacy laws; provided, however, that such research is approved, monitored and governed by an institutional review board, human subjects research ethics review board or a similar independent oversight entity that determines whether:
(i) the research is likely to provide substantial benefits that do not exclusively accrue to the controller;
(ii) the expected benefits of the research outweigh the privacy risks; and
(iii) the controller has implemented reasonable safeguards to mitigate privacy risks associated with research, including any risks associated with reidentification.
(c) Obligations imposed on controllers or processors under this chapter shall not:
(1) apply to the processing of personal information by a natural person in the course of a purely personal or household activity;
(2) apply where compliance by the controller or processor would violate an evidentiary privilege under the laws of the commonwealth or be construed to prevent a controller or processor from providing personal information concerning an individual to a person covered by an evidentiary privilege under the laws of the commonwealth as part of a privileged communication;
(3) adversely affect the right of an individual or any other person to exercise free speech, pursuant to the First Amendment to the United States Constitution, or to exercise another right provided for by law; or
(4) apply to an entity’s publication of entity-based member or employee contact information where such publication is intended to allow members of the public to contact such member or employee in the ordinary course of the entity’s operations.
(d) Personal information that is processed by a controller pursuant to an exemption under subsections (a) through (c) shall:
(1) not be processed for any purpose other than those expressly listed in subsections (a) through (c), unless otherwise allowed by this chapter; and
(2) notwithstanding anything in this section to the contrary, be processed: (i) in accordance with section 5 of this chapter; and (ii) subject to reasonable administrative, technical and physical measures to reduce reasonably foreseeable risks of harm to individuals.
(e) If a controller processes personal information pursuant to an exemption in subsections (a) through (c) of this section, the controller bears the burden of demonstrating that such processing qualifies for the exemption and complies with the requirements of subsection (d).
(f) A controller or processor that discloses personal information to a processor or third party in compliance with the requirements of this chapter shall not be in violation of this chapter if the recipient processes such personal information in violation of this chapter; provided, however, that at the time of disclosing the personal information, the disclosing controller or processor did not know or should not reasonably have known that the recipient intended to commit a violation.
(g) A processor or third party receiving personal information from a controller or processor in compliance with the requirements of this chapter shall not be in violation of this chapter if the controller or processor from which it receives the personal information fails to comply with applicable obligations under this chapter; provided, however, that the processor or third party shall be liable for its own violations of this chapter.
(h) If an individual has already consented to a controller’s use, disclosure, or sale of their personal information to produce a physical item, such as a school yearbook, sections 8 through 13 shall not apply to the controller’s use, disclosure, or sale of the particular pieces of the individual’s personal information for the production of that physical item; provided, however, that:
(1) the controller has incurred significant expense in reliance on the individual’s consent;
(2) compliance with the individual’s request to exercise the rights set forth in sections 8 through 13 would not be commercially reasonable; and
(3) the controller complies with the individual’s request as soon as it is commercially reasonable to do so.
Section 25. Powers of the Attorney General
(a) Whenever the attorney general has reasonable cause to believe that an entity has engaged in, is engaging in, or is about to engage in a violation of this chapter, the attorney general may issue a civil investigative demand. The provisions of section 6 of chapter 93A of the General Laws shall apply mutatis mutandis to civil investigative demands issued under this chapter.
(b) The attorney general shall have the authority to enforce the provisions of this chapter. A violation of this chapter, except as otherwise specified in section 26, shall not serve as the basis for or be subject to a private right of action under this chapter. Nothing in this chapter, except as otherwise specified in section 26, shall be construed as creating a new private right of action or serving as the basis for a private right of action that would not otherwise have had a basis under any other law but for the enactment of this chapter. This chapter neither relieves any party from any duties or obligations imposed, nor alters any independent rights that individuals have, under chapter 93A of the General Laws, other state or federal laws, the Massachusetts Constitution, or the United States Constitution.
(c) Prior to initiating any civil action under this chapter, the attorney general shall provide an entity written notice identifying the specific provisions of this chapter that the attorney general alleges have been or are being violated.
(d) (1) The entity shall have a period of 30 days in which to cure a violation after being provided notice by the attorney general. If within that time period the entity cures the noticed violation and provides the attorney general an express written statement that the alleged violations have been cured and that no such further violations shall occur, the attorney general shall initiate no action against the entity.
(2) The cure period stipulated in paragraph (1) shall not apply when:
(i) the court has previously issued a temporary restraining order, preliminary injunction, or permanent injunction or assessed civil penalties against the entity for a violation of: (A) this chapter; or (B) chapter 93A of the General Laws, provided that such violation occurs after the effective date of this section;
(ii) the attorney general and the entity have previously reached a settlement that includes an admission by the entity that it has violated: (A) this chapter, not including any express written statement provided pursuant to paragraph (1); or (B) chapter 93A of the General Laws, provided that such admission occurs after the effective date of this section;
(iii) the attorney general has clear and convincing evidence that the entity willfully and wantonly violated this chapter;
(iv) the violation is a data broker’s failure to register pursuant to section 20 of this chapter; or
(v) the violation occurs more than twelve months after the effective date of this section and the violating entity is: (A) a large data holder; or (B) a data broker pursuant to paragraph (1) of the definition of data broker in section 2.
(3) In its notice pursuant to subsection (c), the attorney general shall specify the length, if any, of the period in which the entity can cure the noticed violation.
(e)(1) The attorney general may initiate a civil action against an entity in the name of the commonwealth or as parens patriae on behalf of individuals if the entity:
(i) fails to cure a violation within 30 days after receipt of the attorney general’s notice of the violation;
(ii) breaches an express written statement provided to the attorney general pursuant to subsection (d); or
(iii) is not eligible for a cure period pursuant to subsection (d).
(2) The attorney general may seek:
(i) civil penalties of up to 7,500 dollars for each violation under this chapter; and
(ii) a temporary restraining order, preliminary injunction, or permanent injunction to restrain any violations of this chapter.
(f) A data broker that fails to register as required by section 20 shall be subject to injunction and may be liable for civil penalties, fees and costs in a civil action brought on behalf of the commonwealth by the attorney general as follows:
(1) a civil penalty of up to 500 dollars for each day, not to exceed a total of 100,000 dollars for each year, that the data broker fails to register as required by section 20; and
(2) fees equal to the fees that were due during the period the data broker failed to register.
(g) The superior court shall have jurisdiction of actions brought under this section. Such actions may be brought in any county where a defendant resides or has its principal place of business or in which the violation occurred in whole or in part, or, with the consent of a defendant, in the superior court for Suffolk County.
(h) In determining the overall amount of civil penalties to seek or assess against an entity, the attorney general or the court shall include, but not be limited to, the following in its consideration:
(1) the size, scope and type of the entity;
(2) the amount of resources available to the entity;
(3) the amount and nature of personal information processed by the entity;
(4) the number of violations;
(5) the number of violations affecting children or minors;
(6) the nature and severity of the violation;
(7) the risks caused by the violation;
(8) whether the entity’s violation was an isolated instance or part of a pattern of violations and noncompliance with this chapter;
(9) whether the entity is a data broker that did not register pursuant to section 20;
(10) whether the violation was willful and not the result of error;
(11) the length of time over which the violation occurred;
(12) the precautions taken by the entity to prevent a violation;
(13) the good faith cooperation of the entity with any investigations conducted by the attorney general pursuant to this section;
(14) efforts undertaken by the entity to cure the violation; and
(15) the entity’s past violations of information privacy rules, regulations, codes, ordinances and laws in other jurisdictions.
(i) Any entity that violates the terms of an injunction or other order issued under this section shall forfeit and pay a civil penalty of up to 10,000 dollars for each violation. For the purposes of this section, the court issuing such an injunction or order shall retain jurisdiction, and the cause shall be continued, and in such case the attorney general acting in the name of the commonwealth may petition for recovery of such civil penalty.
(j) The attorney general may recover reasonable expenses, including attorney fees, incurred in investigating and preparing the case in any action initiated under this chapter.
(k) If two or more entities are involved in the same processing that violates this chapter, the liability shall be allocated among the parties according to principles of comparative fault.
(l) Notwithstanding any general or special law to the contrary, the court may require that the amount of a civil penalty imposed pursuant to this section exceeds the economic benefit realized by an entity for noncompliance.
(m) If a series of steps or transactions were component parts of a single transaction intended to avoid the reach of this chapter, the attorney general and the court shall disregard the intermediate steps or transactions and consider everything one transaction for purposes of effectuating the purposes of this chapter.
(n) Not later than 30 days after the end of each calendar year, the attorney general shall publish a public, easily accessible report that provides, for that calendar year, the following information:
(1) the number of written notices issued pursuant to subsection (c) and the number of entities that received such notices;
(2) examples of alleged violations that have been cured by an entity pursuant to subsection (d); and
(3) categories of violations of this chapter and the number of violations per category.
(o) The attorney general shall receive and may investigate sworn complaints from an individual or other natural person that an entity has engaged in, is engaging in, or is about to engage in any violation of this chapter.
(p) The attorney general shall maintain the following internet web pages:
(1) a web page that includes an online mechanism through which any individual or other natural person may contact the attorney general to submit a sworn complaint;
(2) a web page that enables data brokers to register pursuant to section 20; and
(3) a web page that:
(i) makes publicly accessible the information provided by each data broker pursuant to section 20; provided, however, that the information shall be disaggregated by data broker; and
(ii) includes a link and mechanism, if feasible, by which an individual may: (A) pursuant to section 8, opt out of the processing of the individual’s personal information by all registered data brokers for the purposes of the sale of such information or for targeted cross-contextual advertising; and (B) pursuant to section 11, request that all registered data brokers delete any personal information processed about the individual.
(q) The attorney general shall promote public awareness and understanding of the risks, rules, responsibilities, safeguards and rights in relation to the processing of personal information, including, but not limited to, the rights of children and minors with respect to their own information. The attorney general shall provide guidance to individuals regarding what to do if they believe their rights under this chapter have been violated.
(r) The attorney general shall create and make publicly accessible the following templates:
(1) a template privacy policy that meets the requirements of section 7;
(2) a template contract between a controller and a processor that meets the requirements of section 19; and
(3) a template risk assessment that meets the requirements of section 21.
(s) The attorney general shall seek to collaborate with entities responsible for enforcing personal information privacy laws in other jurisdictions. The attorney general shall have the power to determine, pursuant to section 28, whether the provisions of a personal information privacy law in another jurisdiction are equally or more protective of personal information than the provisions of this chapter.
(t) The attorney general shall establish a mechanism pursuant to which an entity that processes the personal information of one or more individuals but does not meet the applicability criteria set forth in subsection (b) of section 3 may voluntarily certify that it is fully in compliance with, and agrees to be bound by, this chapter. The attorney general shall make a list of those entities available to the public.
(u) The attorney general shall adopt regulations for the purposes of carrying out this chapter, including, but not limited to, the following areas:
(1) supplementing any of the definitions used in this chapter or adding in new definitions for terms that are used but not otherwise defined in this chapter, in order to address changes in technology, data collection, obstacles to implementation and privacy concerns;
(2) ensuring that the notices and information that controllers are required to provide pursuant to section 7 are:
(i) provided in a manner that may be easily understood by the average individual;
(ii) accessible to individuals with disabilities; and
(iii) available in the language primarily used to interact with the individual;
(3) detailing the requirements and technical specifications for a platform, technology or mechanism that sends an opt-out preference signal indicating an individual’s intent to opt out of the processing of such individual’s personal information for one or more of the purposes specified in subsection (a) of section 8; provided, however that the requirements and technical specifications shall be updated from time to time to reflect the means by which individuals interact with controllers; and provided further, that any such platform, technology or mechanism shall:
(i) not unfairly disadvantage another controller;
(ii) clearly represent the individual’s affirmative, freely-given and unambiguous intent to opt out pursuant to subsection (a) of section 8 and be free of default settings constraining or presupposing that intent;
(iii) be consumer-friendly, clearly described and easy to use by the average individual;
(iv) be as consistent as possible with any other similar platform, technology or mechanism required by any federal or state law or regulation; and
(v) enable the controller to accurately determine if the mechanism represents a legitimate opt-out request pursuant to section 8; and
(4) supplementing or revising the list of industry recognized cybersecurity frameworks specified in paragraphs (1) and (2) of subsection (d) of section 26, in order to address changes in technology, data collection, obstacles to implementation, best practices with respect to cybersecurity controls and privacy concerns.
(v) The attorney general shall conduct research and monitor relevant developments relating to the protection of personal information, the development of information and communication technologies and commercial practices and the enactment and implementation of privacy laws by the federal government or other states, territories or countries. Specific topics for research shall include, but are not limited to, the following areas:
(1) the available best methods for: (i) individuals to exercise the rights set forth in sections 8 through 13; and (ii) entities to conspicuously and clearly disclose how to exercise such rights;
(2) automated decision-making technologies;
(3) eye-tracking technology and targeted advertising based on information collected through eye-tracking technology;
(4) financial incentive programs offered by controllers for the processing of personal information;
(5) the data broker industry, including data brokers that have registered pursuant to section 20;
(6) the effectiveness of allowing an individual to designate an authorized agent to exercise a right on their behalf pursuant to section 8; and
(7) whether to change or eliminate the cure period established in subsection (d) of section 25.
(w) Every twelve months, the attorney general shall provide a full written report to the joint committee on advanced information technology, the internet and cybersecurity. The report shall summarize the attorney general’s work pursuant to this section and detail the attorney general’s research and any recommendations with respect to privacy-related legislation. The first such report shall be submitted 12 months after the effective date of this subsection.
(x) The monetary amounts referred to in this chapter shall be indexed biennially for inflation by the attorney general, who, not later than December 31 of each even numbered year, shall calculate and publish such indexed amounts, using the federal consumer price index for the Boston statistical area and rounding to the nearest dollar.
Section 26. Private Right of Action and Safe Harbor
(a) For the purposes of this section, except for the purposes of determining whether this section applies to a given controller, the terms “breach of security” and “personal information” shall have the same meanings as such terms are defined in section 1 of chapter 93H of the General Laws.
(b) Any individual whose personal information is subject to a breach of security as a result of a controller’s failure to implement and maintain reasonable cybersecurity controls may institute a civil action for any of the following:
(1) damages from the controller in an amount up to 500 dollars per individual per incident or actual damages, whichever is greater;
(2) injunctive or declaratory relief; or
(3) any other relief the court deems proper.
(c) In determining the amount of statutory damages against the controller, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the criteria stipulated in paragraphs (1) through (15) of subsection (h) of section 25.
(d) In any cause of action founded in tort that is brought pursuant to this section and that alleges that the controller’s failure to implement reasonable cybersecurity controls resulted in a breach of security concerning personal information, the court shall not assess punitive damages against a controller if such controller created, maintained and complied with a written cybersecurity program that contains administrative, technical and physical safeguards for the protection of personal information and that conforms to an industry recognized cybersecurity framework; provided, however, that the controller designed and implemented its cybersecurity program in accordance with the regulations adopted pursuant to chapter 93H of the General Laws; and provided further, that:
(1) such cybersecurity program conforms to the current version of or any combination of the current versions of:
(i) the “Framework for Improving Critical Infrastructure Cybersecurity” published by the National Institute of Standards and Technology;
(ii) the National Institute of Standards and Technology’s special publication 800-171;
(iii) the National Institute of Standards and Technology’s special publications 800-53 and 800-53a;
(iv) the Federal Risk and Authorization Management Program’s “FedRAMP Security Assessment Framework”;
(v) the Center for Internet Security’s “Center for Internet Security Critical Security Controls for Effective Cyber Defense”; or
(vi) the “ISO/IEC 27000-series” information security standards published by the International Organization for Standardization and the International Electrotechnical Commission; or
(2) such program complies with the current version of the “Payment Card Industry Data Security Standard” and the current version of another applicable industry recognized cybersecurity framework described in paragraph (1).
(e) When a revision to a document listed in paragraphs (1) or (2) of subsection (d) is published, a controller whose cybersecurity program conforms to a prior version of that document shall be said to conform to the current version of that document if the controller conforms to such revision not later than six months after the publication date of the revision.
(f) The scale and scope of a controller’s cybersecurity program shall be based on:
(1) the size, scope and type of the controller;
(2) the amount of resources available to the controller;
(3) the amount and nature of personal information processed by the controller; and
(4) the need for upholding security, integrity and confidentiality with respect to the personal information processed by the controller.
(g) Subsection (d) shall not apply if the controller’s failure to implement reasonable cybersecurity controls was the result of gross negligence or willful or wanton conduct.
(h) Nothing in this section shall limit the authority of the attorney general to initiate actions pursuant to:
(1) section 25 of this chapter;
(2) chapter 93A or 93H of the General Laws; or
(3) any other general law.
(i) The cause of action established by this section shall apply only to violations as defined in this section.
Section 27. Massachusetts Privacy Fund
(a) There shall be established upon the books of the commonwealth a separate special fund to be known as the Massachusetts Privacy Fund.
(b) All civil penalties, expenses, attorney fees and registration fees collected pursuant to sections 20 and 25 shall be paid into the state treasury and credited to the Massachusetts Privacy Fund. Interest earned on moneys in the fund shall remain in the fund and be credited to it. Any moneys remaining in the fund, including interest thereon, at the end of each fiscal year shall remain in the fund and not revert to the general fund.
(c) The attorney general shall have discretion to allocate the proceeds of any settlement of a civil action pursuant to this chapter to:
(1) the Massachusetts Privacy Fund;
(2) the general fund; or
(3) where possible, directly to individuals impacted by the violation of the chapter.
(d) Moneys in the Massachusetts Privacy Fund shall be used to support the work of the attorney general pursuant to section 25. Moneys in the fund shall be subject to appropriation and shall not be used to supplant general fund appropriations to the attorney general.
Section 28. Reciprocity and Interoperability
(a) A controller or processor shall be in compliance with provisions of this chapter if:
(1) it complies with comparable provisions of a personal information privacy law in another jurisdiction;
(2) the controller or processor applies the provisions of that law to its processing activities concerning individuals; and
(3) the attorney general determines that the provisions of that law in the other jurisdiction are equally or more protective of personal information than the provisions of this chapter.
(b) The attorney general may charge a fee to a controller or processor that asserts compliance with a comparable law under subsection (a); provided, however, that the fee shall reflect costs reasonably expected to be incurred by the attorney general to determine whether the provisions of such law are equally or more protective than the provisions of this chapter.
Section 29. Severability
(a) The provisions of this chapter are severable. If any provision of this chapter, or the application of any provision of this chapter, is held invalid, the remaining provisions, or applications of provisions, shall remain in full force and not be affected.
(b) If a court were to find in a final, unreviewable judgment that the exclusion of one or more entities or activities from the applicability of this chapter renders the chapter unconstitutional, those exceptions shall be rendered null and invalid and the exemption shall not continue.
Section 30. Implementation for Nonprofits and Institutions of Higher Education
This chapter shall apply to nonprofit organizations and institutions of higher education.
SECTION 2. Chapter 93M of the General Laws shall take effect 18 months after the passage of this act; provided, however, that:
(1) section 2 and subsections (p) through (w) of section 25 of the chapter shall take effect upon the passage of this act; and
(2) section 30 of the chapter shall take effect 30 months after the passage of this act.
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An Act to review the municipal Chapter 90 transportation funding program
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S2270
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SD2243
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T14:28:44.21'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-20T14:28:44.21'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-21T12:45:22.7966667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-21T15:09:59.9833333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:20:29.9566667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T11:12:44.6666667'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 2270) of Paul W. Mark, Adam Gomez, John Barrett, III and Jonathan D. Zlotnik for legislation to review the municipal Chapter 90 transportation funding program. Transportation.
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SECTION 1. The department of transportation shall be tasked with creating a “Chapter 90 Commission” (referred to hereafter as “the commission”) to evaluate the municipal infrastructure reimbursement program, colloquially known as “Chapter 90”, authorized in Section 34 of Chapter 90 of the General Laws, and administered by the Department of Transportation, pursuant to Chapter 6C of the General Laws.
SECTION 2. The commission shall be comprised of nine members as follows: two member community representatives selected by the Massachusetts Municipal Association. one of which shall be a rural community and one a suburban community, one member community representative selected by the Metropolitan Area Planning Council, one member community representative selected by the Massachusetts Association of Regional Planning Agencies which shall be from a gateway city, one member chosen by the Mass. Highway Association, three members appointed by the Governor, and chaired by the Secretary of the Department of Transportation or her or his designee.
SECTION 3. The commission shall investigate the sufficiency, effectiveness, and equitability of the current municipal reimbursement formula disbursed for vehicle and pedestrian infrastructure maintenance and capital projects. The commission shall evaluate if the current formula is sufficient to allow for road and pedestrian facilities to be maintained in a state of good repair. The commission shall consider regional, geographic, socioeconomic, and population density variation, as well as communities' fiscal capacities in its analysis relative to the current formula’s suitability. The commission shall produce a report and make recommendations based on its findings to adjust the formula as may be needed. The commission shall submit its report to the Department of Transportation and the House and Senate Clerks no later than 365 days after the passage of this act.
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An Act improving rail service on the Fairmount commuter rail line
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S2271
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SD1727
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T19:59:17.767'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-19T19:59:17.7666667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-08T13:42:48.1133333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-15T13:20:55.3933333'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-05-18T08:59:28.9966667'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 2271) of Liz Miranda and Lydia Edwards for legislation to improve rail service on the Fairmount commuter rail line. Transportation.
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SECTION 1: Within 180 days following the effective date, the Massachusetts Bay Transportation Authority and operator of commuter rail service shall make the following improvements to the Fairmount Commuter Rail Line: (i) require uniform fares at all stations from South Station to Readville that are the same rate charged to ride the subway network, with free transfers to connecting bus lines and to the Red and Silver Lines at South Station; (ii) complete a plan, in consultation with the Massachusetts Department of Transportation Planning Office, for electrifying the Fairmount Commuter Rail Line, and post that plan online in an accessible format; and (iii) allow fare media including, but not limited to, CharlieCards or its equivalent successor products, M7 Passes, S-Cards, Youth Passes, and other discounted fare medium available to people with disabilities, seniors, students, and those people meeting other eligibility criteria; (iv) amend the train or connecting bus schedules to facilitate synchronized bus service with commuter rail service at Fairmount Commuter Rail Line stations, to the maximum extent feasible; and (v) designate on station maps the Fairmount Commuter Rail Line as the Fairmount/Indigo Line.
SECTION 2: The Massachusetts Bay Transportation Authority shall implement electrification along the Fairmount Commuter Rail Line from South Station to Readville Station by December 31, 2024. Not later than November 1, 2023, the Massachusetts Department of Transportation should begin construction on the Fairmount corridor to support rail electrification. Not later than December 31, 2025, the Massachusetts Bay Transportation Authority and Massachusetts Department of Transportation shall work with the Executive Office of Energy and Environmental Affairs, Massachusetts Department of Environmental Protection, and Massachusetts Department of Public Health to evaluate and file a report with the Joint Committee on Transportation indicating the greenhouse gas emissions reduction, air quality improvement, climate and health benefits of electrifying the Fairmount/Indigo Line.
SECTION 3: By December 31, 2029, the Massachusetts Bay Transportation Authority shall operate service on the Fairmount/Indigo Line every 7.5 minutes in each direction and ensure that there are no less than three train-sets dedicated to service on the line. By December 31, 2029, the Massachusetts Bay Transportation Authority shall construct high-level ADA-compliant platforms at Fairmount and Readville Stations. As part of its operations in 2029, the Massachusetts Bay Transportation Authority or Massachusetts Department of Transportation shall complete an analysis into additional entrances at existing stations and redundant elevators and stairs and adding infill stations at Columbia Road and River Street. Train-sets shall not be diverted from the Fairmount/Indigo Line service for any purpose except maintenance directly upon such train-set. By December 31, 2035, the Massachusetts Bay Transportation Authority shall maintain the ability to operate service on the Fairmount/Indigo Line every 5 minutes in each direction. The Massachusetts Bay Transportation Authority shall pursue federal funding to support the Fairmount/Indigo Line improvements.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J27', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J27'}, 'Votes': []}]
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An Act relative to the use of video screens while operating a motor vehicle
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S2272
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SD2126
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T15:08:18.107'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T15:08:18.1066667'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 2272) of Mark C. Montigny for legislation relative to the use of video screens while operating a motor vehicle. Transportation.
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SECTION 1. Section 13 of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in lines 27-31 the following words:-
No person shall drive any motor vehicle equipped with any television viewer, screen or other means of visually receiving a television broadcast which is located in the motor vehicle at any point forward of the back of the driver’s seat, or which is visible to the driver while operating such motor vehicle.
SECTION 2. Chapter 90 of the General Laws, as so appearing, is hereby amended by adding the following section:-
Section 13D.
(a) No motor vehicle registered in the commonwealth shall be equipped with, nor shall be used therein, a television receiver, video monitor, or a television or video screen, or any other similar means of visually displaying a television broadcast or video signal that produces entertainment or business applications, is operating and is located in the motor vehicle at a point forward of the back of the driver’s seat, or is operating and the monitor, screen, or display is visible to the driver while driving the motor vehicle. The operator of a motor vehicle that is not required to be registered in the commonwealth shall not operate a television receiver, video monitor, or a television or video screen or any other similar means of visually displaying a television broadcast or video signal that produces entertainment or business applications that violates the provisions of this section while driving in the commonwealth.
The prohibitions contained in this subsection shall not, however, include:
1. Electronic displays used in conjunction with vehicle navigation and mapping systems, or as part of a digital dispatch system;
2. Closed circuit video monitors designed to operate only in conjunction with dedicated video cameras and used in rear-view systems on trucks, motor homes, and other motor vehicles;
3. Television receivers or monitors used in government-owned vehicles by law-enforcement officers in the course of their official duties;
4. Visual displays used to enhance or supplement the driver’s view forward, behind, or to the sides of a motor vehicle for the purpose of maneuvering the vehicle;
5. A vehicle information display;
6. A visual display used to enhance or supplement a driver’s view of vehicle occupants;
7. Television-type receiving equipment used exclusively for safety or traffic engineering information; or
8. A television receiver, video monitor, television or video screen, or any other similar means of visually displaying a moving image, if that equipment is factory-installed and has an interlock device that, when the motor vehicle operator is performing one or more driving tasks, disables the equipment so that such moving images are not visible to the motor vehicle operator except as a visual display described in subsections 1 through 7. For the purposes of this subsection, “driving task” means all of the real time functions required to operate a vehicle in on-road traffic, excluding the selection of destinations and waypoints, and including steering, turning, lane keeping and lane changing, accelerating and decelerating.
(b) Except for displays explicitly authorized in subsection b, no driver of any motor vehicle shall view any motion picture or similar video display while driving.
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An Act relative to child passenger safety
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S2273
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SD2187
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-09T11:08:51.303'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-09T11:08:51.3033333'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 2273) of Mark C. Montigny for legislation relative to child passenger safety. Transportation.
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SECTION 1. Section 7AA of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:-
"A passenger in a motor vehicle on any way who is under the age of 13 shall not be seated in the front passenger seat of a motor vehicle on any way unless: (i) the motor vehicle does not have a rear passenger seat; or (ii) the rear passenger seat of the motor vehicle is occupied by other passengers under the age of 13.".
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An Act relative to life cycle costs for long term pavement solutions
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S2274
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SD1850
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T10:13:11.577'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T10:13:11.5766667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-01T15:42:16.7366667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-02-01T15:42:16.7366667'}, {'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-02-01T15:42:16.7366667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-01T15:42:16.7366667'}, {'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-02-01T15:42:16.7366667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-02T17:05:44.9533333'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-02-08T12:01:23.7066667'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-08T12:01:23.7066667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-22T11:42:53.21'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-28T16:33:40.1533333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-02T15:26:07.8533333'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 2274) of Michael O. Moore, John J. Cronin, David F. DeCoste, John H. Rogers and other members of the General Court for legislation relative to life cycle costs for long term pavement solutions. Transportation.
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SECTION 1. Chapter 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 77 the following 2 sections:-
Section 78. (a) the following definitions shall apply for the purposes of this section:
“Life-cycle cost”, the total cost of the initial project plus all anticipated costs for subsequent maintenance, repair, or resurfacing over the life of the pavement.
“Plain joined cementitious concrete”, cement concrete pavement with no reinforcement and proper joint placement.
(b) The department shall develop and implement a life-cycle cost analysis for each project for which the estimated total pavement costs exceed $1,000,000.00, funded in whole, or in part, with state funds. The department shall design each project in both “Hot Mix Asphalt” (HMA) and “Plain Jointed Cementitious Concrete” (PJCC), and award paving projects utilizing the material having the lowest Life Cycle Cost.
(c) Except as otherwise provided in this section, life-cycle cost shall compare equivalent designs, and shall be based upon Massachusetts actual historic project maintenance, repair, and resurfacing schedules and costs as recorded by the Department pavement management system, and shall include estimates of user costs throughout the entire pavement life.
For pavement projects for which there are no relevant Massachusetts actual historic project maintenance, repair and resurfacing schedules and costs as recorded by the pavement management system, the department may use either of the following as a substitute for the requirements listed in subsection (a):
1. Actual historical and comparable data for reasonably equivalent designs from states geographic locations with similar climates, soil structures, or vehicle traffic; or
2. The department may determine appropriate estimated maintenance, repair, and resurfacing schedules for a project by using preliminary results from a demonstration project described in section that is underway at the time of the project. The schedules described in this subdivision shall be determined using the appropriate engineering analysis techniques and shall be approved by the chief engineer of the department. The temporary schedules described in this subsection shall be superseded by actual performance data as it is developed.
Section 79. (a) Notwithstanding section 77, the department shall design and construct a minimum of 4 PJCC Demonstration Projects per year for a minimum of 10 years, for the purpose of generating historical information that can be utilized in the life cycle cost analysis, with at least one of these projects annually using thin concrete overlay, which may require synthetic fiber reinforcement to extend the life and performance of the pavement.
(b) Demonstration projects shall be selected by the department in consultation with representatives of the Massachusetts Concrete and Aggregate Producers Association, and shall meet at least one of the following criteria:
1. Pavement designs intended to increase pavement life-expectancy in a manner that results in lower life cycle costs;
2. Pavement designs intended to improve performance, including but not limited to, friction, surface stress, reduction of noise, and improvement of ride quality; or
3. Pavement designs intended to compare the performance of various types of pavement.
(c) Each demonstration project shall include measurable goals and objectives for determining the success of that project, and the department shall measure the interim success of each project and prepare an annual report that compares the cost effectiveness and performance of the materials and designs to the departments standard selection process. The report shall be provided to the department, the speaker of the house of representatives, and the president of the senate.
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An Act relative to school bus safety cameras
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S2275
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SD1945
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T10:51:18.85'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T10:51:18.85'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-07T15:55:52.0966667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-02-15T12:57:02.01'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-22T11:41:35.38'}]
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 2275) of Michael O. Moore, John C. Velis, Robyn K. Kennedy and Joanne M. Comerford for legislation relative to school bus safety cameras. Transportation.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 90I the following chapter:-
CHAPTER 90J. AUTOMATED SCHOOL BUS ROAD SAFETY ENFORCEMENT
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Automated road safety camera system”, an automated motor vehicle sensor device attached to a school bus that produces digital photographs of a motor vehicle that commits a camera enforceable violation at the location where the automated motor vehicle sensor device is installed.
“Camera enforceable violation”, passing a school bus when its warning signals are activated in violation of section 14 of said chapter 90.
“Municipal designee”, the municipal entity designated by the city manager in a city with a Plan D or E form of government, the mayor in all other cities or the board of selectmen in a town to supervise and coordinate the administration of camera enforceable violations under this chapter.
“Registrar”, the registrar of motor vehicles.
Section 2. (a) A city or town that accepts this chapter may install an automated road safety camera system as a means of promoting traffic safety. The automated road safety camera system may be attached to a school bus; provided, however, that before equipping a school bus serving a regional school district with an automated road safety camera, each city or town member of the regional school district shall accept this chapter; provided, further, that each city council and mayor in a city or board of selectman in a town after a public hearing shall approve the number of road safety camera systems; provided further, that the city or town shall present at said public hearing the past 3 years of available data relative to accidents occurring near school buses and other relevant data that suggests the need for the implementation or expansion of an automated road safety camera system; provided further, that the city or town shall present at said public hearing data relative to the cost or proposed cost of the automated road safety camera system; and, provided further, that the city or town may impose a penalty for a camera enforceable violation on the registered owner of a motor vehicle pursuant to section 3.
(b) Annually, not later than December 1, a city or town that accepts this chapter shall transmit a report to the department of transportation that details each automated road safety camera system located in the city or town or proposed to be located in the city or town. The report shall include, but not be limited to: (i) a list of the number of school buses with an automated road safety camera system in the city or town and their storage location; (ii) the number of fines and warnings issued for camera enforceable violations pursuant to section 3; (iii) records of the maintenance and calibration of each automated road safety camera system; and (iv) data relative to accidents occurring near a school bus in the city or town. The department shall post all reports received pursuant to this section on its website; and (v) an analysis of the frequency of traffic stops by the city or town’s police force prior to and after the implementation of an automated road safety camera system.
Section 3. (a) The maximum fine imposed under this chapter for a camera enforceable violation shall be $25 per violation. Except as provided in section 4, the registered owner of a motor vehicle shall be liable for the fine; provided, however, that a registered owner of a motor vehicle shall not be liable for the fine imposed under this chapter for a camera enforceable violation if the operator of the motor vehicle was issued a citation for the violation in accordance with section 2 of chapter 90C. A city or town that accepts this chapter may send a written warning to the registered owner of a motor vehicle for the purposes of education in lieu of enforcement through a fine; provided, however, that a written warning shall only be issued pursuant to objective and consistent criteria in a written policy established by the municipal designee; provided further, that the department of transportation may provide guidance to the city or town on establishing such objective and consistent criteria.
(b) A certificate, or a facsimile thereof, based upon inspection of photographs and data produced by an automated road safety camera system and sworn to or affirmed by the municipal designee shall be prima facie evidence of the facts contained therein.
(c) A camera enforceable violation issued by a city or town under this chapter shall not be: (i) made part of the operating record of the person upon whom such liability is imposed; or (ii) a conviction of a moving violation of the motor vehicle laws for the purpose of determining a surcharge on a motor vehicle premium pursuant to section 113B of chapter 175.
(d) The municipal designee may hire and designate personnel as necessary or contract for services to implement this chapter.
(e) (1) The municipal designee shall provide a notice of violation to the registered owner of a motor vehicle that is identified in photographs of said motor vehicle produced by an automated road safety camera system as evidence of a camera enforceable violation pursuant to this chapter. The notice shall include, but not be limited to: (i) a copy of the photographs produced by the automated road safety camera system and any other data showing the vehicle in the process of a camera enforceable violation; (ii) the registration number and state of issuance of the vehicle; (iii) the date, time and location of the alleged camera enforceable violation; (iv) instructions for payment of the fine imposed pursuant to subsection (a); (v) instructions on how to appeal the camera enforceable violation in writing and to obtain a hearing; and (vi) an affidavit form approved by the municipal designee for the purposes of making a written appeal pursuant to subsection (h).
(2) In the case of a violation involving a motor vehicle registered in the commonwealth, the notice of violation shall be mailed within 14 days of the violation to the address of the registered owner of the motor vehicle as listed in the records of the registrar. If a motor vehicle is registered under the laws of another state or country, the notice of violation shall be mailed within 21 days of the violation to the address of the registered owner as listed in the records of the official in the state or country that has charge of the registration of the motor vehicle. If the address is unavailable, it shall be sufficient for the municipal designee to mail a notice of violation to the official in the state or country that has charge of the registration of the motor vehicle.
(3) The notice of violation shall be sent by first class mail in accordance with paragraph (2). A manual or automatic record of mailing processed by or on behalf of the municipal designee in the ordinary course of business shall be prima facie evidence thereof and shall be admitted as evidence in any judicial or administrative proceeding as to the facts contained therein.
(f) A registered owner of a motor vehicle shall not be liable for a camera enforceable violation under this chapter if the: (i) violation was necessary to allow the passage of an emergency vehicle; (ii) violation was incurred while participating in a funeral procession; (iii) violation was incurred during a period of time in which the motor vehicle was reported to the police department of any state, city or town as having been stolen and had not been recovered before the time the violation occurred; (iv) operator of the motor vehicle was operating the motor vehicle under a rental or lease agreement and the registered owner of the motor vehicle is a rental or leasing company and has complied with section 4; (v) operator of the motor vehicle was issued a citation for the violation in accordance with section 2 of chapter 90C; or (vi) violation was necessary to comply with any other law or regulation governing the operation of a motor vehicle.
(g) A registered owner of a motor vehicle to whom a notice of violation has been issued pursuant to this chapter may admit responsibility for the violation and pay the fine provided therein. Payment of the established fine shall operate as the final disposition of a camera enforceable violation; provided, however, that payment by a registered owner of a motor vehicle shall operate as the final disposition of the violation as to any other registered owner of the same motor vehicle for the same violation.
(h) Not more than 60 days after a camera enforceable violation under this chapter, a registered owner of a motor vehicle may contest responsibility for the violation in writing by mail or online. The registered owner shall provide the municipal designee with a signed affidavit, in a form approved by the municipal designee, stating the: (i) reason for disputing the violation; (ii) full legal name and address of the registered owner of the motor vehicle; and (iii) full legal name and address of the operator of the motor vehicle at the time the violation occurred. The registered owner may include signed statements from witnesses, including the names and addresses of witnesses, supporting the registered owner’s defense. Not more than 21 days after receipt of the signed affidavit, the municipal designee or the hearing officer shall send the decision of the hearing officer, including the reasons for the outcome, by first class mail to the registered owner. If the registered owner is found responsible for the violation, the registered owner shall pay the fine in the manner described in subsection (g) not more than 14 days after the issuance of the decision or request further judicial review pursuant to section 14 of chapter 30A.
(i) In lieu of contesting responsibility for a violation in writing or online pursuant to subsection (h) and not more than 60 days after a violation under this chapter, a registered owner of the motor vehicle may request a hearing to contest responsibility for a camera enforceable violation. A hearing request shall be made in writing by mail or online. Upon receipt of a hearing request, the municipal designee shall schedule the matter before a hearing officer. The hearing officer may be an employee of the municipal designee or such other person as the municipal designee may designate. Written notice of the date, time and place of the hearing shall be sent by first class mail to each registered owner of the motor vehicle. The hearing shall be informal, the rules of evidence shall not apply and the decision of the hearing officer shall be final subject to judicial review pursuant to section 14 of chapter 30A. Not more than 21 days after the hearing, the municipal designee or the hearing officer shall send the decision of the hearing officer, including the reason for the outcome, by first class mail to the registered owner. If the registered owner is found to be responsible for the camera enforceable violation, the registered owner shall pay the fine in the manner described in subsection (g) not more than 14 days after the issuance of the decision or request further judicial review pursuant to said section 14 of said chapter 30A.
(j) The municipal designee shall notify the registrar when a registered owner of a motor vehicle to whom a notice of a camera enforceable violation has been issued: (i) fails to contest the responsibility for a violation pursuant to subsection (h) or subsection (i) and fails to pay the fine in the notice in accordance with subsection (g) within 60 days of the violation; or (ii) is found responsible for the violation and does not pay the fine in accordance with subsection (h) or subsection (i). Upon being notified by the municipal designee, the registrar shall place the matter on record. The municipal designee shall notify the registrar immediately when a fine that is the basis for a notice to the registrar under this subsection has been paid; provided, however, that certified receipt of full and final payment from the municipal designee issuing a violation shall also serve as legal notice to the registrar that a violation has been disposed of in accordance with this chapter. The certified receipt shall be printed in such form as the registrar may approve.
Section 4. (a) Notwithstanding section 3, if the registered owner of a motor vehicle is a person or entity engaged in the business of leasing or renting motor vehicles and the motor vehicle was operated under a rental or lease agreement at the time of the camera enforceable violation, this section shall be applicable and the registered owner shall not be liable for any unpaid fines if the registered owner has complied with the requirements of this section.
(b) The municipal designee shall provide notice in writing of each camera enforceable violation to the registered owner of a motor vehicle if a motor vehicle owned by the registered owner is involved in a camera enforceable violation.
(c) Not more than 45 days after the violation, the registered owner shall furnish to the municipal designee, in writing, the name and address of the lessee or rentee of the motor vehicle at the time of the camera enforceable violation, the lessee’s or rentee’s driver’s license number, the state that issued the driver’s license and the lessee’s or rentee’s date of birth.
(d) Upon receipt of the information required under subsection (c), the municipal designee shall issue a notice of a camera enforceable violation to the lessee or rentee in the form prescribed by section 3 and the lessee or rentee shall be liable for the violation.
(e) The municipal designee shall notify the registrar if the lessee or rentee to whom a notice of violation has been issued: (i) fails to contest the responsibility for a camera enforceable violation pursuant to either subsection (h) or subsection (i) of section 3 and fails to pay the fine in the notice in accordance with subsection (g) of said section 3 within 90 days of the violation; or (ii) is found responsible for the violation and does not pay the fine in accordance with said subsection (h) or said subsection (i) of said section 3. Upon being notified by the municipal designee, the registrar shall place the matter on record.
The municipal designee shall notify the registrar immediately when a fine that is the basis for a notice to the registrar under this subsection has been paid; provided, however, that certified receipt of full and final payment from the municipal designee issuing a camera enforceable violation shall also serve as notice to the registrar that the camera enforceable violation has been disposed of in accordance with this chapter; provided further, that the certified receipt shall be printed in such form as the registrar may approve.
Section 5. No violation shall be issued pursuant to this chapter for passing a school bus when its warning signals are activated, unless the vehicle crosses the plane of the stop sign on the bus.
Section 6. (a) A city or town that accepts this chapter shall install on each school bus with an automated road safety camera system a sign on the bus notifying the public that an automated road safety camera system is in use on the bus.
(b) A city or town that accepts this chapter shall make a public announcement and conduct a public awareness campaign of its use of automated road safety camera systems beginning not less than 60 days before the first such automated road safety camera system is put into use; provided, however, that a city or town that accepts this chapter may install but shall not activate automated road safety camera systems during the 30-day time period.
Section 7. (a) The compensation paid to the manufacturer or vendor of an automated road safety camera system authorized in this chapter shall be based on the value of the equipment or services provided and shall not be based on the number of camera enforceable violations issued or the revenue generated by the automated road safety camera system.
(b) Not less than annually, a professional engineer registered in the commonwealth or an independent laboratory shall verify that the automated road safety camera system is correctly calibrated.
Section 8. (a) An automated road safety camera system shall only take photographs when a camera enforceable violation occurs. Photographs and other recorded evidence shall be destroyed not more than 48 hours after the final disposition of a camera enforceable violation.
(b) A photograph or other recorded evidence taken pursuant to this chapter shall not be discoverable in any judicial or administrative proceeding, other than a proceeding held pursuant to this chapter, without a court order. A photograph or other recorded evidence taken pursuant to this chapter shall not be admissible in any judicial or administrative proceeding, other than in a proceeding to adjudicate liability for a violation of this chapter, without a court order. A court shall not order a release of a photograph or other recorded evidence taken pursuant to this chapter unless the photograph or other recorded evidence establishes or undermines a finding of a moving violation and the camera enforceable violation is material as to a finding of civil or criminal liability.
(c) Photographs and other personal identifying information collected by a city or town pursuant to this chapter shall not be a public record under Clause Twenty-Sixth of section 7 of chapter 4 or chapter 66.
(d) An automated road safety camera system shall not be utilized to take a frontal view photograph of a motor vehicle committing a camera enforceable violation. A frontal view photograph of a motor vehicle committing a camera enforceable violation taken by an automated road safety camera system shall not be discoverable or admissible in any judicial or administrative proceeding and shall not be used as the basis for a camera enforceable violation under this chapter. To the extent practicable, additional efforts shall be made to ensure that photographs produced by an automated road safety camera system do not identify the vehicle operator, the passengers or the contents of the vehicle.
(e) A city or town or a manufacturer or vendor of an automated road safety camera system may not use, disclose, sell or permit access to data collected by an automated road safety camera system except as necessary to process camera enforceable violations in accordance with this chapter.
Section 9. A city or town that accepts this chapter may only recover costs reasonably related to the implementation and operation of an automated road safety camera system including, but not limited to, costs associated with: (i) maintaining and operating the automated road safety camera system; (ii) issuing notices of camera enforceable violations; (iii) holding hearings for appeals of camera enforceable violations; (iv) notifying the registrar of a failure to pay a fine under this chapter; and (v) collecting a fine; provided, however, that net revenues collected by participating cities and towns pursuant to this chapter shall be deposited in the Massachusetts Transportation Trust Fund established in section 4 of chapter 6C.
Section 10. The operation of emergency vehicles shall be subject to this chapter except as otherwise provided in section 7B of chapter 89.
Section 10A. A city or town shall not implement this chapter unless the city or town has submitted a plan for the implementation of automated road safety camera systems to the department of transportation and the department has approved the plan. The review of the plan by the department shall include, but shall not be limited to, consideration of the social and racial equity impacts of the plan. There shall not be more than 10 approved plans in effect at any given time.
Section 10B. Not less than annually, the department of transportation shall submit a report to the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on transportation that analyzes the public safety, traffic congestion and social and racial equity impacts of this chapter. The department shall also publish the report on its website.
Section 11. The department of transportation shall promulgate rules and regulations necessary to implement this chapter.
SECTION 2A. Not later than 90 days from the effective date of this act, the department of transportation shall promulgate regulations to implement chapter 90J of the General Laws. The regulations shall include, but not be limited to: (i) establishing standardized forms for notices of violations and written warnings; (ii) developing uniform signage requirements for the purpose of complying with subsection (a) of section 6 of said chapter 90J; and (iii) establishing standards for the calibration of automated road safety camera systems under subsection (b) of section 7 of said chapter 90J.
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An Act relative to safety glass standards
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S2276
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SD1686
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-18T09:34:43.36'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-18T09:34:43.36'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-05-03T13:44:05.9533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2276/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 2276) of Susan L. Moran for legislation relative to safety glass standards. Transportation.
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Chapter 90 of the General Laws is hereby amended by inserting after section 9D the following section:-
Section 9E. (a) As used in this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Aftermarket safety glass replacement”, motor vehicle safety glass replacement services that occur after the original installation by a vehicle manufacturer.
“Safety glass”, as defined in section 9A.
(b) The registrar shall compile, maintain and publish a list, by name, of the type of glass approved by the registrar as conforming to the specifications and requirements of safety glass as set forth in this section.
(c) The registrar shall adopt regulations establishing standards and requirements for aftermarket safety glass replacement that:
(1) require that the products and services used meet or exceed original equipment manufacturer specifications;
(2) require the use of safety glass that meets American National Standards Institute Z 26.1 in accordance with 49 CFR § 571.205 and any other applicable federal motor vehicle safety standards; and
(3) meet or exceed the standards and requirements of the Automotive Glass Replacement Safety Standard, developed by the Auto Glass Safety Council under the auspices of the American National Standards Institute.
(d) (1) The registrar shall not register any motor vehicle unless it is equipped with approved safety glass.
(2) The registrar shall suspend the registration of any motor vehicle that the registrar finds is not equipped with approved safety glass until the vehicle is equipped with approved safety glass pursuant to this section.
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An Act to increase regional transit accessibility in the Commonwealth
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S2277
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SD1762
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-18T11:11:48.67'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-18T11:11:48.67'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T13:13:53.72'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T10:35:59.3933333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-30T15:36:42.0266667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T15:15:17.4866667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T15:56:50.4233333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-02T15:56:13.3966667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-02-06T19:02:45.6066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T19:02:45.6066667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-08T11:26:30.7566667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-08T11:26:30.7566667'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-08T11:26:30.7566667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-10T12:08:30.3566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T09:49:42.6166667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T09:49:39.6333333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-15T09:47:44.8433333'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-02-15T16:46:30.0566667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-01T10:08:43.41'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-01T10:08:43.41'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-02T09:21:18.95'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T15:22:33.1233333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-08T09:51:02.5733333'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-08T09:51:02.5733333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-10T15:27:25.55'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-29T16:43:23.54'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-29T16:43:23.54'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-29T16:43:23.54'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-04-24T16:38:37.6933333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-05-01T14:28:46.6433333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-10T09:31:32.0233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2277/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 2277) of Susan L. Moran, Joanne M. Comerford, Jack Patrick Lewis, Susannah M. Whipps and other members of the General Court for legislation to increase regional transit accessibility in the Commonwealth. Transportation.
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SECTION 1. Subsection (d) of section 2ZZZ of Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out clause (2) and inserting in place thereof the following clause:-
(2) Not less than $150,000,000 in each fiscal year to regional transit authorities organized under chapter 161B or predecessor laws; provided, however, that notwithstanding any special or general law to the contrary: (i) the transfer required by this clause shall be increased by the inflation index as defined in section 35T of chapter 10 for the preceding 12 months as certified by the comptroller annually on March 1; and (ii) no transfer required under this clause shall exceed 103 per cent of the transfer amount for the prior fiscal year.
SECTION 2. Chapter 10 of the General Laws is hereby amended by inserting after section 35T the following section:-
Section 35T.5. As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:
''Minimum revenue amount'', the dedicated revenue amount for fiscal year 2025 and for each fiscal year thereafter the amount credited to the Fund in the prior fiscal year, as certified by the comptroller on March 1 of each year, as set forth in subsection (b).
''Dedicated revenue amount'', all monies received each fiscal year by the Transportation Infrastructure Enhancement Trust Fund as established by chapter 187 of the acts of 2016 equal to 50 per cent of the surcharges assessed on transportation network companies, as defined in section 1 of chapter 159A1/2.
(a) There is hereby set up on the books of the commonwealth a separate fund to be known as the Regional Transit Authorities State and Local Contribution Fund, hereinafter called the Fund. There shall be credited to the Fund the dedicated revenue amount, provided that in any fiscal year the amount shall be not less than the minimum revenue amount as certified pursuant to subsection (b). Amounts in the Fund shall be held by the state treasurer or his designee as trustee and not on account of the commonwealth, and the state treasurer is hereby authorized and directed to disburse amounts in the Fund to the regional transit authorities organized under chapter 161B or predecessor laws, without further appropriation, upon the request, from time to time, of the administrator of each authority; provided, however, that no individual authority shall receive more than 1/15th of the amounts in the Fund in any given fiscal year.
(b) For the purposes of determining the amount to be credited to the Fund established pursuant to subsection (a), the comptroller shall on March 1 of each year beginning on March 1, 2024, certify the minimum revenue amount for the following fiscal year. On March 15 of each year beginning on March 15, 2024, the comptroller shall, after consultation with and based on projections of the department of public utilities, certify whether the dedicated revenue amount is projected to exceed the minimum revenue amount for the upcoming fiscal year. If the comptroller certifies that the projected dedicated revenue amount will be less than the minimum revenue amount, then the comptroller shall for the following fiscal year credit to the Fund amounts sufficient to meet the minimum revenue amount. If the comptroller certifies that the projected dedicated revenue amount will exceed the minimum revenue amount, then the comptroller shall for the following fiscal year credit to the Fund the dedicated revenue amount. On November 15 of each year beginning on November 15, 2024, the comptroller shall certify whether the dedicated revenue amount as of that date is projected to exceed the minimum revenue amount for the current fiscal year. If the comptroller certifies that the dedicated revenue amount is projected to be less than the minimum revenue amount, then the comptroller shall credit to the Fund amounts sufficient to meet the minimum revenue amount for that fiscal year. If the comptroller certifies that the dedicated revenue amount is greater than the minimum revenue amount, then the comptroller shall credit to the Fund the dedicated revenue amount. On April 1 of each year beginning on April 1, 2025, the comptroller shall repeat the certification process required on November 15 and shall credit the appropriate amount to the Fund.
SECTION 3. Section 9 of Chapter 187 of the Acts of 2016 is hereby amended by deleting the words “Commonwealth Transportation Fund established in section 2ZZZ of chapter 29 of the General Laws” and inserting in place thereof the following words:-
Regional Transit Authorities State and Local Contribution Fund established in section 35T.5 of chapter 10 of the General Laws.
SECTION 4. Section 27 of chapter 161B, as appearing in the 2020 Official Edition, is hereby amended by striking the section in its entirety and replacing it with the following section:-
Section 27. There shall be a regional transit authority council for the purposes of coordination and sharing information and best practices in matters of security and public safety planning and preparedness, service delivery, cost savings, and administrative efficiencies. The council shall draft an annual report identifying funding, service and technical assistance needs as well as identifying service gaps, including gaps and barriers to 7-day a week service statewide, and opportunities, including opportunities for increased service within an RTA service area and cross RTA and MBTA services. The report shall be submitted to the secretary and to the Joint Committee on Transportation and the House and Senate Committees on Ways and Means.
Members of the council shall include the administrator of each authority established under section 14, two persons who are frequent riders of a regional transit authority appointed annually by the Massachusetts Association of Regional Planning Agencies on a revolving basis, and a member of a Regional Planning Agency outside of the core MBTA service area. The secretary shall be chairman of the council and the general manager of the Massachusetts Bay Transportation Authority shall be a non-voting member of the council. The council shall meet no less than once each calendar quarter or upon the request, with reasonable notice, of the secretary.
SECTION 5. Section 6A of chapter 6C of the General Laws, as so appearing, is hereby amended by striking out clause (8).
SECTION 6. Said section 6A of chapter 6C of the General Laws, as so appearing, is hereby amended by inserting at the end thereof, the following sentence:-
“The department shall not consider the farebox recovery ratio in funding decisions for transit authorities or funding formulas for contract assistance for transit authorities.”
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An Act relative to billboard permitting
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S2278
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SD330
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:48:55.757'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:48:55.7566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2278/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2278) of Patrick M. O'Connor for legislation relative to billboard permitting. Transportation.
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SECTION 1. Section 29 of Chapter 93 of the General Laws, as so appearing, is hereby amended by striking the word “may” in line 10 and inserting thereof the following word:- “shall”.
SECTION 2. Said Section 29 is hereby amended by striking the word “may” in line 11 and inserting thereof the following word:- “shall”.
SECTION 3. Said Section 29 is hereby amended by striking the sentence beginning in line 16 and inserting in place thereof the following sentences:-
“No permit, whether permanent or temporary, for a billboard, sign or other advertising device shall be issued unless (i) written notice of the application therefor stating the proposed location shall have been given at least sixty days earlier to the city or town in which the proposed billboard, sign or other advertising device is to be located, as well as to residential abutters within 2500 feet of the proposed location, and (ii) the applicant has included plans in their application to finance and install light blocking technology if the proposed billboard, sign, or other advertising device employs electronic light systems.”
SECTION 4. This act shall go into effect upon its passage.
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An Act relative to motorcycle permit requirements
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S2279
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SD474
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:16:08.64'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:16:08.64'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2279) of Patrick M. O'Connor for legislation relative to motorcycle permit requirements. Transportation.
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Section 8B of Chapter 90 is hereby amended by adding at the end thereof the following new text:-
Notwithstanding the preceding paragraphs, the registrar shall not issue a learner’s permit restricted to the operation of a motorcycle (Class M) or endorsement to an applicant who has not reached the age of 18 without first verifying that the applicant has:
(a) successfully completed a Motorcycle Basic Rider Course (BRC) as approved by the registrar;
(b) been issued a junior operator’s license pursuant to section 8, or a similar law of another state;
(c) maintained a driving record free of any surchargeable incidents for a period of not less than one year immediately preceding the date of application, as described in section 113B of chapter 175, and has not had such permit suspended under section 24P, or a similar law of another state, and has not been convicted of violating any alcohol-related or drug-related law of the commonwealth, or a similar alcohol-related or drug-related law of another state. For the purposes of this subsection, an alternate disposition of a violation including, but not limited to, having such violation continued without a finding or placed on file shall be deemed to be a conviction.
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An Act to provide startup capital for minority entrepreneurs
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S228
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SD304
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-12T18:32:52.64'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-12T18:32:52.64'}]
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 228) of Adam Gomez for legislation to provide startup capital for minority entrepreneurs. Economic Development and Emerging Technologies.
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SECTION 1. Chapter 40G, as so appearing in the 2020 general laws, is amended by adding at the end thereof the following new section:-
Section 12. The Massachusetts Technology Development Corporation established in section 2 of chapter 40G of the General Laws, and doing business as MassVentures, shall establish a competitive grant program to invest in minority-owned or minority-led start-up companies in Massachusetts. The program will provide technical and financial support to said start-up companies and educate and enable said start-up companies to acquire access to additional capital.
SECTION 2. 7002-1501 For a competitive grant program administered by Massachusetts Technology Development Corporation established in section 2 of chapter 40G of the General Laws, and doing business as MassVentures, pursuant to section 12 of chapter 40G........................................... $10,000,000
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An Act relative to ending failure-to-pay license suspensions
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S2280
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SD655
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-17T16:15:06.363'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-17T16:15:06.3633333'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2280) of Patrick M. O'Connor for legislation relative to ending failure-to-pay license suspensions. Transportation.
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SECTION 1. Section 3 of Chapter 90C of the General Laws, as so appearing, is hereby amended by striking clause A(6)(a)(i), beginning on Line 119, and inserting thereof the following:-
“(i) fails to request a noncriminal hearing within twenty days of the date of the citation plus such grace period as the registrar shall allow, or”
SECTION 2. Said section 3 of Chapter 90C is hereby further amended by striking the second paragraph of clause A(6)(a)(ii)(ii), beginning on Line 146, and inserting thereof the following:-
“Unless such notice is sooner cancelled by the registrar, in the case of an operator violation, such violator's operators license, learners permit or right to operate, or in the case of an owner violation any registration of a motor vehicle issued to such violator by the registrar, shall be deemed suspended by operation of law on the date indicated on the notice mailed by the registrar, and shall remain suspended until reinstated by the registrar.”
SECTION 3. Said section 3 of Chapter 90C is hereby further amended by striking clause A(6)(b), beginning on Line 157, in its entirety.
SECTION 4. Said section 3 of Chapter 90C is hereby further amended by striking the following from Line 209:- “; or”
SECTION 5. Said section 3 of Chapter 90C is hereby further amended by inserting after the word “court” in Line 209 the following:-
“the clerk-magistrate shall notify the registrar. Such notice to the registrar may be given more than once in the same case if necessary.”
SECTION 6. Said section 3 of Chapter 90C is hereby further amended by striking clause B(3)(b), beginning on Line 210, in its entirety.
SECTION 7. Said section 3 of Chapter 90C is hereby further amended by striking clause B(3)(c), beginning on Line 213, in its entirety.
SECTION 8. This act shall go into effect upon passage.
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An Act to ensure benefits through enhanced Selective Service registration
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S2281
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SD1099
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:35:14.71'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-18T21:35:14.71'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-26T11:18:29.6033333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-26T14:50:56.4533333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T14:50:56.44'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-27T11:06:39.4333333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-05T14:46:52.1166667'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2281) of Patrick M. O'Connor, Hannah Kane, Steven S. Howitt, Susan Williams Gifford and others for legislation to ensure benefits through enhanced Selective Service registration. Transportation.
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SECTION 1. Chapter 90 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 8M the following section:-
Section 8N. (a) An applicant who applies for an operator’s license, learner’s permit, identification card or a renewal of any such permit or license and who is at least 18 years of age but less than 26 years of age authorizes the registrar to register the applicant with the Selective Service System in compliance with section 3 of the Military Selective Service Act through the applicant’s signature on the application unless the applicant indicates otherwise as described in subsection (b).
(b) The registrar shall give notice to any applicant who is at least 16 years of age but less than 26 years of age that the applicant has a duty under federal law to register with the Selective Service System at age 18. If the applicant has not registered within 30 days after reaching 18 years of age, they shall be informed that they still has an affirmative obligation under federal law to register with the Selective Service System before reaching 26 years of age. The registrar shall also notify the applicant that their signature on an application for any such license, permit, identification card or renewal shall constitute consent to authorize the registrar to forward the applicant’s information to the Selective Service System, registering the applicant with the Selective Service System unless the applicant declines to give such consent by signing a statement so stating on the application.
(c) If the applicant is at least 16 years of age but less than 18 years of age the registrar shall notify the applicant that their signature on an application for any such license, permit, identification card or renewal shall constitute consent authorizing the applicant to be registered upon attaining 18 years of age as required by federal law, unless the applicant indicates otherwise as described in subsection (b).
(d) The registrar shall notify the applicant that a refusal to grant such consent shall not be grounds for denial of driving privileges nor shall it be a basis for the registrar to discriminate against the applicant, and that the opportunity to give such consent to the registrar is provided only for the convenience of the applicant. This notice shall be made both verbally and through a written document available in English, Spanish and such other languages as the registrar determines. If the applicant grants that authority, the registrar shall forward to the Selective Service System, in an electronic format, no sooner than the applicant’s eighteenth birthday, only the information necessary for registration of the applicant.
(e) Failure to grant such authority as provided in this section shall not be a basis for the registrar or any other related government agency to discriminate against the applicant, including but not limited to the denial of driving privileges.
(f) The registrar shall not distribute or make available to any person or governmental agency in any way any list of those applicants who declined to grant the registrar authority to forward their information to the Selective Service System. The registrar shall not compile, develop or maintain any such list unless it is necessary for the administration and operation of the registry, and such list shall not be given to any other governmental or non-governmental agency. The registrar shall not distribute or make available to any person or governmental agency any list of those applicants who did grant the registrar authority to forward their information to the Selective Service System except as otherwise authorized by this section.
SECTION 2. Implementation of this act shall be contingent on the receipt by the registrar of motor vehicles of sufficient federal funds to pay a reasonable portion of the initial start-up costs for computer programming changes necessary to implement the requirements of this section related to the reporting of information to the Selective Service Administration. The registrar shall initiate and monitor efforts to obtain federal funds for the purposes stated in this act and shall report promptly to the joint committee on public safety and the house and senate committees on ways and means when federal funds have been received by the department.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J27', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J27'}, 'Votes': []}]
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An Act relative to handicap parking access for individuals with autism
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S2282
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SD1390
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T15:27:13.68'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T15:27:13.68'}]
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2282) of Patrick M. O'Connor for legislation relative to handicap parking access for individuals with autism. Transportation.
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The ninth paragraph of section 2 of chapter 90 of the General Laws, as appearing in the 2014 Official Edition, by inserting after the first sentence the following:-
An individual diagnosed with 1 of the autism spectrum disorders or the parent or guardian of an individual diagnosed with 1 of the autism spectrum disorders may be issued a placard, provided that the parent or guardian shall only use such placard when transporting the individual diagnosed with 1 of the autism spectrum disorders.
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Resolve establishing a special commission to investigate and study the protection of junior operators
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S2283
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SD1503
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T16:52:20.263'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-19T16:52:20.2633333'}]
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Resolve
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By Mr. O'Connor, a petition (accompanied by resolve, Senate, No. 2283) of Patrick M. O'Connor that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to the protection of junior operator licenses and vehicle safety for minors. Transportation.
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Resolved, there is hereby established a special commission to study laws and regulations relevant to junior operator licenses and vehicle safety for minors with the goal of increasing driver safety and reducing instances of traffic fatalities. Topics of consideration shall include, but not be limited to, (i) further deterrents from operating a vehicle unlawfully, (ii) prohibiting junior operators from carrying passengers in vehicles, (iii) increasing penalties for roadway violations, (iv) additional driver’s education and training hours, and (v) continuing education for junior
The special commission shall consist of: the secretary of the executive office of public safety and security, or their designee, who shall serve as chair; the secretary of the department of transportation, or their designee; the registrar of motor vehicles, or their designee; the president of the senate, or their designee; the minority leader of the senate, or their designee; the speaker of the house of representatives, or their designee; the minority leader of the house of representatives, or their designee; and an instructor of a drivers education program, to be appointed by the Governor.
The commission shall report their findings, along with any recommendations for legislation, to the chairs of the joint committee on public safety and homeland security no later than December 1, 2024.
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An Act relative to motor vehicle leasing parity
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S2284
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SD725
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T23:02:26.463'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T23:02:26.4633333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:02:22.72'}]
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2284) of Jacob R. Oliveira and Vanna Howard for legislation relative to motor vehicle leasing parity. Transportation.
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SECTION 1. Chapter 90 of the general laws, as so appearing in the 2020 edition, shall be amended by striking section 7N and replacing it with the following section:-
Section 7N. Notwithstanding any disclaimer of warranty, a motor vehicle contract of sale or lease may be voided by the buyer or lessee if the motor vehicle fails to pass, within seven days from the date of such sale or lease, the periodic staggered inspection at an inspection station licensed pursuant to section seven W; provided, that the defects which are the reasons for the failure to issue a certificate of inspection were not caused by the abusive or negligent operation of the motor vehicle or by damage resulting from an accident or collision occurring after the date of the sale or lease; and provided, further, that the cost of repairs necessary to permit the issuance of a certificate of inspection exceeds ten per cent of the purchase price of the motor vehicle, or in the case of a leased vehicle the exceeds ten percent total amount of payments due by the consumer to the lessor over the full term of the lease.
In order to void a motor vehicle sale or lease under this section the buyer or lessee shall, within fourteen days from the date of sale or lease, notify the selling or leasing dealer of his intention to do so, deliver the motor vehicle to the selling or leasing dealer, provide the selling or leasing dealer with a written statement signed by an authorized agent of such inspection station stating the reasons why the motor vehicle failed to pass the safety or combined safety and emissions inspection and an estimate of the cost of necessary repairs. The buyer or lessee shall be entitled to a refund of his purchase price unless the buyer or lessee and the selling or leasing dealer agree in writing that the selling or leasing dealer may make the necessary repairs at his own cost and expense within a reasonable period of time thereafter. This section shall apply only to motor vehicles purchased for the immediate personal or family use of the buyer or lessee.
“Lessee” means any person who acquires the right to possession of and use of a motor vehicle under a lease agreement for a term of not less than one year.
SECTION 2. Section 7N1/4 of chapter 90 of the general laws, as so appearing in the 2014 edition, shall be amended by striking subsection 1 and replacing it with the following subsection:-
(1) For the purposes of this section the following words shall have the following meanings:-
“Business day”, Monday to Friday, inclusive, except for state or federal holidays.
“Buyer” includes a lessee of a used motor vehicle
“Consumer”, a buyer or lessee, other than for purposes of resale, of a motor vehicle, any person to whom such motor vehicle is transferred or leased during the period of any express or statutory warranty under this section applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce its obligations.
“Dealer”, any person engaged in the business of selling or leasing, offering for sale or lease, or negotiating the retail sale or retail lease of used motor vehicles or selling motor vehicles as broker or agent for another, including the officers, agents and employees of such person and any combination or association of dealers, but not including a bank or other financial institution, or the commonwealth, its agencies, bureaus, boards, commissions, authorities, nor any of its political subdivisions. A person shall be deemed to be engaged in the business of selling or leasing used motor vehicles if such person has sold or leased more than three used motor vehicles in the preceding twelve months.
“Lessee”, any consumer who acquires the right to possession of and use of a motor vehicle under a lease agreement for a term of not less than one year.
“Motor vehicle” or “vehicle”, any motor vehicle as defined in section one, sold, leased or replaced by a dealer or manufacturer, except that it shall not include auto homes, vehicles built primarily for off-road use or any vehicle used primarily for business purposes.
“Private seller”, any person who is not a dealer and who offers to sell or sells a used motor vehicle to a consumer.
“Purchase price”, the total of all payments made for the purchase or lease of a vehicle, including but not limited to any finance charges, registration fees, payments made for credit life, accident, health, and damage insurance, and collision and related comprehensive insurance coverages and service contracts and the value of a trade-in.
“Repurchase price”, the purchase price, as defined above, less any cash award that was made by the dealer in an attempt to resolve the dispute and was accepted by the consumer, and less any refunds or rebates to which the consumer is entitled, plus any incidental damages not previously reimbursed, including but not limited to the reasonable costs of towing from point of breakdown up to thirty miles to obtain required repairs or to return the vehicle under this section, and the reasonable costs of obtaining alternative transportation during the applicable warranty period after the second day following each such breakdown not to exceed fifteen dollars vehicle rental charges for each day in which the cost of such alternative transportation is reimbursable.
“Seller” other than private seller shall include the lessor of a used motor vehicle.
“Used motor vehicle” or “used vehicle”, any vehicle driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer, including a demonstrator vehicle, except that it shall not include auto homes, vehicles built primarily for off road use, motorcycles, or any vehicle used primarily for business purposes.
SECTION 3. Section 7N1/4 of chapter 90 of the general laws is further amended by adding after the word “sold,” in line 49, the following words:- “, or leased”.
SECTION 4. Section 7N1/4 of chapter 90 of the general laws is further amended by adding after the word “sold,” in line 180, the following words:- “or leased”.
SECTION 5. Section 7N1/4 of chapter 90 of the general laws is further amended by adding after the word “sold,” in line 276, the following words:- “or leased”.
SECTION 6. Chapter 93 of the general laws, as appearing in the 2014 edition, is hereby amended by adding after section 114 the following section:-
Section 115. A motor vehicle dealer shall not assess or represent the value of a motor vehicle in a lease agreement in an amount greater than what the dealer has advertised or otherwise represented as that vehicle’s purchase price. A dealer’s failure to comply with the provisions of this section shall constitute an unfair or deceptive act under the provisions of chapter 93A.
SECTION 7. Chapter 140D of the general laws, as appearing in the 2014 edition, is hereby amended by adding after section 29 the following sections:-
Section 29A. The commissioner shall prescribe rule and regulations consistent with the provisions of the portion of the federal Truth in Lending Act known as the Consumer Leasing Act, 15 U.S.C. sections 1667 through 1667e, the bureau's Regulation M, 12 C.F.R. section 1013 et seq., the official staff commentary or a disclosure or model form and a lessor upon whom such rules and regulations impose duties or obligations, shall make or give to a consumer the disclosures, information and notices required of him by such rules and regulations, and such disclosures, information and notices shall constitute compliance with the provisions of this chapter.
Lessors in the commonwealth shall comply with the federal Consumer Leasing Act, 15 U.S.C. sections 1667 through 1667e, and regulations implemented by the bureau unless and until the commissioner promulgates regulations that are substantially similar to or afford more protection to consumers than those issued by the bureau.
The term “creditor” as used in sections 32 and 33 of this chapter shall include a lessor as defined in this section and rules and regulations made thereunder.SECTION 8. Section 32 of chapter 140D of the general laws, as so appearing in the 2014 edition, shall be amended by adding, in paragraph 2, after the word “transaction,”, the following words:- subsection 1 and replacing it with the following subsection:- “or in the case of a consumer lease under section 29A, 25 percent of the total amount of monthly payments under the lease”.
SECTION 9. Section 32 of chapter 140D of the general laws is further amended by adding after the word “thirty-one,” in line 46, the following words:- “or sections twenty-nine A”.
SECTION 10: Chapter 231 of the general laws, amended by striking out section 85J and replacing it with the following section:-
Whoever, by deceit or fraud, sells or leases personal property shall be liable in tort to a purchaser or lessee in treble the amount of damages sustained by such purchaser or lessee.
SECTION 11. Chapter 255 of the general laws, as so appearing in the 2014 edition, shall be amended by striking out section 13I and replacing it with the following section:-
Section 13I. For the purposes of this section and section 13J
“Collateral” shall mean consumer goods secured or motor vehicles leased by a consumer credit transaction which are located in commonwealth at the time of default.
“Consumer credit transaction” shall include a consumer lease of motor vehicle for a term of more than one year;
“creditor” and “secured creditor” shall include the lessor of a motor vehicle; and
“debtor” shall include a consumer lessee of a motor vehicle.
(a) In any consumer credit transaction involving, or loan that is secured by, a non-possessory security interest in consumer goods a provision relating to default is enforceable only to the extent that the default is material and consists of the debtor’s failure to make one or more payments as required by the agreement, or the occurrence of an event which substantially impairs the value of the collateral.
(b) After a default under a consumer credit transaction by a debtor the secured creditor may not bring an action against the debtor or proceed against the collateral until he gives the debtor the notice required by this section. Said notice shall be deemed to be delivered when delivered to the debtor or when mailed to the debtor at the debtor’s address last known to the creditor. If a debtor cures a default after receiving such notice and again defaults, the creditor shall give another notice before bringing action or proceeding against the collateral with respect to the subsequent default, but no notice is required in connection with a subsequent default if, within the period commencing on the date of the consumer credit transaction subject to this section and the date of the subsequent default, the debtor has cured a default after notice three or more times.
(c) The notice shall be in writing and shall be given to the debtor ten days or more after the default. The notice shall conspicuously state the rights of the debtor upon default in substantially the following form:
The heading shall read:' 'Rights of Defaulting Consumer under Massachusetts Law.'' The body of the notice shall read: ''You may cure your default in (describe transaction in a manner enabling debtor to identify it) by paying to (name and address of lessor or creditor) (amount due) before (date which is at least twenty-one days after notice is mailed).
If you pay this amount within the time allowed you are no longer in default and may continue with the transaction (lease or loan) as though no default had occurred.
(d) No court shall enter a deficiency judgment against a debtor which includes a finance charge or insurance premiums allocable to installments due after repossession. A debtor whose goods have been repossessed shall not be liable in a civil action for a deficiency unless the secured party files an affidavit signed either by the purchaser at the sale or by the secured party stating the price for which the goods were sold and the date and place of sale. Such affidavit shall be filed with the complaint.
(e) Unless the secured creditor has first notified the debtor that he has elected to accelerate the unpaid balance of the obligation because of default, brought action against the debtor, or proceeded against the collateral, the debtor may cure a default consisting of a failure to pay money by tendering the amount of all unpaid sums due at the time of tender, without acceleration, plus any unpaid delinquency or deferral charges. Cure shall restore the debtor to his rights under the agreement as though the defaults cured have not occurred, subject to the provisions of subsection (b).
SECTION 12. Chapter 255 of the general laws, as so appearing in the 2014 edition, shall be amended by striking out section 13J and replacing it with the following section:-
Section 13J. (a) Subject to the provisions of this section and section 13I, a secured creditor under a consumer credit transaction may take possession of collateral. In taking possession the secured creditor under a consumer credit transaction may proceed without a prior hearing only if the default is material and consists of the debtor’s failure to make one or more payments as required by the agreement or the occurrence of an event which substantially impairs the value of the collateral, and only if possession can be obtained without use of force, without a breach of peace and, unless the debtor consents to an entry, at the time of such entry, without entry upon property owned by, or rented to the debtor.
(b) Except as provided in subsection (a), a creditor under a consumer credit transaction may proceed against collateral only after a prior hearing. In any proceeding where possession of the collateral is part of the relief sought by a creditor no court shall allow a secured creditor or lessor to take possession of collateral until the right of the creditor or lessor to take possession has been determined at a hearing at which the consumer has an opportunity to be heard, having been notified in writing of such hearing at least seven days in advance thereof.
(c) The consumer under a secured consumer credit transaction may redeem the collateral from the creditor or lessor at any time within twenty days of the creditor or lessor’s taking possession of the collateral, or thereafter until the creditor or lessor has either disposed of the collateral, entered into a contract for its disposition, or gained the right to retain the collateral.
(d) The creditor or lessor may after gaining possession sell or otherwise dispose of the collateral. Unless displaced by the provisions of this section and section thirteen I, the rights and obligations of the parties, including redemption and disposition of the collateral shall be governed by the provisions of Part 6 of Article 9 of chapter 106, including consumer leases of motor vehicles, to the extent applicable. Notwithstanding the provisions in Part 6 of Article 9 of chapter 106, if, in connection with a consumer credit transaction which involves an unpaid balance of two thousand dollars or less and which is at the time of default secured by a non-possessory security interest in consumer goods, the creditor or lessor takes possession of or accepts surrender of the collateral, the consumer shall not be liable for any deficiency. If the agreement between the creditor or lessor and consumer provides that the consumer is to obtain insurance protecting the collateral against fire, theft, collision or other hazards and naming the creditor or lessor as loss payee and if, prior to the repossession or surrender of the collateral, loss or damage occurs which would give rise to insurance proceeds under the terms of the policy in force, then nothing in this section shall be deemed to limit the creditor or lessor’s rights to so much of the insurance proceeds as does not exceed the fair market value of the collateral existing just prior to the loss or damage and, if insurance as required by the agreement is not in force at the time of the loss or damage, nothing in this section shall be deemed to limit the creditor or lessor’s rights in proceeding against any third party who is responsible for the loss or damage in the name of the consumer or otherwise. For the purposes of this section the unpaid balance of a consumer credit transaction shall be that amount which the consumer would have been required to pay upon prepayment.
(e) (1) If the unpaid balance of the consumer credit transaction at the time of default was two thousand dollars or more the creditor or lessor shall be entitled to recover from the consumer the deficiency, if any, resulting from deducting the fair market value of the collateral from the unpaid balance due and shall also be entitled to any reasonable repossession and storage costs, provided he has complied with all provisions of this section.
(2) In a proceeding for a deficiency the fair market value of the collateral shall be a question for the court to determine. Periodically published trade estimates of the retail value of goods shall, to the extent they are recognized in the particular trade or business, be presumed to be the fair market value of the collateral.
(f) Any secured creditor or lessor obtaining possession of a motor vehicle under the provisions of this section shall, within one hour after obtaining such possession, notify the police department of the city or town in which such possession occurred, giving such police department a description of the vehicle involved.
SECTION 13: Sections 1 through 9 shall not apply to leases in existence before the effective date of this Act. However, such sections shall apply when, after the effective date of this Act, a consumer lease is renegotiated by the same lessee for the same motor vehicle.
SECTION 14. Sections 10 and 11 shall not apply to leases in default before the effective date of this Act. However, such sections shall apply where a lease in default before the effective date of this Act at is cured, and then goes into default again after the effective date of this Act.
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An Act electrifying Regional Transit Authorities
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S2285
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SD1370
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T15:03:59.273'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T15:03:59.2733333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-19T15:03:59.3066667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-19T15:03:59.3066667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T15:14:24.47'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-14T08:45:16.56'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T08:36:48.5833333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-23T18:35:25.21'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-17T16:50:27.4733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-30T14:49:44.7933333'}]
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2285) of Jacob R. Oliveira, David Henry Argosky LeBoeuf, Julian Cyr, Jack Patrick Lewis and other members of the General Court for legislation to electrify Regional Transit Authorities. Transportation.
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SECTION 1. Section 1 of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following definitions:-
“Electric vehicles” are vehicles that rely solely on electric motors for propulsion and includes non-combustion vehicles.
SECTION 2. Section 6 of chapter 161B, as so appearing, is hereby amended by inserting after paragraph (r), the following paragraph:-
(s) The authorities shall operate electric vehicles with a priority for operating such buses on routes serving environmental justice populations as defined in section 62 of chapter 30 of the General Laws. Authorities shall conduct robust community outreach and engagement with residents of environmental justice populations, municipal officials in cities and towns that have environmental justice populations, and with transportation and environmental justice advocates. The authorities shall implement electrification along all regional transit authorities by no later than December 31, 2035 and meet the following procurement targets.
The Secretary, in consultation with the executive office for administration and finance, shall require that new electric vehicles purchased by the authorities shall be electric vehicles according to the following deadlines: (i) 40 per cent of all purchases in 2025; (ii) 60 per cent of all purchases in 2028; (iii) 80 per cent of all purchases in 2032; and (iv) 90 per cent of all purchases in 2034.
The authorities shall report annually beginning June 30, 2024 to the Regional Transit Authority Council pursuant to Section 27 of chapter 161B the progress of electrifying the bus fleet. As part of the public reports, authorities shall explain the cost analysis of all procurements of fossil fuel infrastructure and the reasons for procuring internal combustion engines and fossil fuel infrastructure in lieu of electric vehicles and zero-emission infrastructure.
SECTION 3. The department of transportation shall establish a central planning and procurement office by August 30, 2024. The central planning and procurement office shall be tasked with technical, planning, grant writing, procurement, and worker retraining support for implementation of the electric vehicle bus rollout plans. The department of transportation central planning and procurement office shall create an electric vehicle bus rollout plan as described in section 78 and chapter 179 of the Acts of 2022 for each authority by June 30, 2025.
Any employees who become unemployed as a result of the transition to electric buses from implementation of this act will be provided with free retraining options and hiring assistance to transition to another role. The employers of any labor required to design, build, and maintain infrastructure related to RTA electric buses will pay a prevailing wage, be subject to project labor agreements, and at a minimum remain neutral to unionization efforts.
The department of transportation in consultation with the Secretary shall identify sources of funding to support the implementation of the electric vehicle bus rollout plans and may pursue federal funding opportunities to support electric vehicle penetration throughout the Commonwealth in accordance with the requirements of Chapter 21N.
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An Act relative to a clean fuel standard
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S2286
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SD1713
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T19:45:33.887'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T19:45:33.8866667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:35:06.3433333'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2286) of Marc R. Pacheco for legislation relative to a clean fuel standard. Transportation.
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Within one year of the effective date of this act, the Department of Transportation shall promulgate regulations to develop and implement a clean fuel standard. Said clean fuel standard shall aim to reduce the carbon intensity of transportation fuels, while accounting for the full lifecycle greenhouse gas emissions of all fuels.
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An Act relative to the transportation of individuals seated in wheelchairs
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S2287
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SD2244
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T14:32:57.967'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T14:32:57.9666667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:36:18.85'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2287) of Marc R. Pacheco for legislation relative to the transportation of individuals seated in wheelchairs. Transportation.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 90F the following chapter:-
Chapter 90F½
Section 1. As used in this chapter the following terms shall have the following meanings:
“paratransit service” - a pre-arranged curb-to-curb motor-vehicle transportation service for persons with disabilities as defined in section 9 of Chapter 161A.
“wheelchair” - a seating system comprised for a frame, a seat, and wheels that is designed to provide support and mobility for persons with physical disabilities and thereby increase independent mobility during activities of daily living for an individual who has limited or no ambulatory abilities.
“Wheelchair tiedown and Occupant Restraint System (WTORS)” - a complete set of equipment for use in transporting wheelchair-seated occupants of motor vehicles, comprised of components for independently securing the wheelchair to the vehicle and a lap/shoulder belt-type restraint system designed to limit occupant movement and keep the occupant in their wheelchair during emergency vehicle maneuvers and crash situations.
Section 2. Any motor vehicle offering paratransit services transporting persons in wheelchairs, each wheelchair station shall be equipped with a properly installed and maintained wheelchair tiedown and occupant restraint system (WTORS) that complies with Society of Automotive Engineers Recommended Practice J2249, Wheelchair Tiedown and Occupant Restraint Systems for Use in Motor Vehicles. Each WTORS shall be installed for use by forward-facing wheelchair-seated passengers.
Section 3. Drivers and/or attendants of paratransit vehicles shall make every reasonable effort to effectively secure each wheelchair facing forward in the vehicle’s wheelchair station, and provide restraint for the wheelchair user by following procedures established in the training course referenced in Section 4 to properly position the lap/shoulder belt restraint system.
Section 4. The executive office of health and human services and the executive office of transportation shall work together to establish and offer a training course in proper transportation of wheelchair-seated passengers. Any owner, operator, company, or other entity, be it for profit or not for profit, state or privately owned, that provides paratransit services for wheelchair users who do not transfer out of their wheelchair upon entering the vehicle, shall ensure that each employee or volunteer who transports or aids in the transportation of a person in a wheelchair will complete the training course offered by the executive office of health and human services and the executive office of transportation prior to operation of, or assisting in, a paratransit vehicle.
Section 5. This act shall take effect on the first day of the sixth month after enactment, but the executive office of health and human services, the executive office of transportation and the administrative office of the courts may take such anticipatory administrative action in advance as shall be necessary for the implementation of this act.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to ensure the safe transit of wheelchair-seated passengers, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.
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An Act establishing a zero-emission school buses grant program
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S2288
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SD2269
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T14:55:20.01'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T14:55:20.01'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2288) of Rebecca L. Rausch for legislation to establish a zero-emission school buses grant program. Transportation.
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Chapter 90 of the General Laws is hereby amended by inserting after section 7C the following new section:-
Section 7C 1/2. Zero-Emission School Buses Grant Program
(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Secretary”, the secretary of the executive office of education
“Zero-emission school bus”, a school bus that produces no engine exhaust carbon emissions.
(b) Subject to appropriation and utilizing revenues received pursuant to article XLIV of the Massachusetts constitution, as amended by article CXXI thereof, the secretary shall establish a grant program to offset the cost difference between purchasing or contracting the use of school buses that are zero-emission and school buses that are diesel-powered. Grant funds may also be used to offset the costs associated with the purchase or contracted use of charging infrastructure and related upgrades. Any municipal or regional school district in the commonwealth shall be eligible to apply for a zero-emission school bus grant. The secretary shall prioritize environmental justice communities in awarding grants under this program.
(c) The secretary shall publish information about the zero-emission school bus grant program online, including without limitation application forms and submission deadlines. The secretary shall update this information annually, not later than October 1, and issue notification of this update to the senate and house committees on ways and means, the joint committee on education, the joint committee on telecommunications, utilities and energy and the joint committee on transportation. Not more than 6 weeks after the annual update, the secretary shall issue direct notification about the zero-emission school bus grant program established under this section to municipal and regional school districts where the median household income is below the commonwealth’s median or where the 5-year average rate of emergency department visits for childhood (ages 5-14 years) asthmas is greater than the commonwealth’s 5-year average rate for the immediately preceding 5 years. The department of public health shall provide the secretary with the asthma-related rate information necessary to implement the provisions of this paragraph.
(d) The secretary shall publish online and regularly update data regarding program usage including but not limited to: (i) the number and award amounts of grants provided; (ii) the name of each school district receiving a grant; (iii) the make, model and type of school bus or buses for which a grant was issued; (iv) the school bus operational route or routes, if available; and (v) the estimated total greenhouse gas emissions reductions achieved from the grants issued. Annually not later than December 31, the secretary shall issue an annual report on grant program activity to the senate and house committees on ways and means, the joint committee on education, the joint committee on telecommunications, utilities and energy and the joint committee on transportation.
(e) The operational services division, in conjunction with the secretary and the Massachusetts clean energy center, shall establish a statewide contract through which municipal and regional school districts can purchase or lease zero-emission school buses. The division, in conjunction with the department and the Massachusetts clean energy center, may include electric vehicle charging infrastructure purchasing or leasing in said statewide contract, or establish a distinct statewide contract through which municipal and regional school districts can purchase or lease electric vehicle charging infrastructure.
(f) The secretary shall promulgate regulations to administer the program established under this section not later than 6 months after its effective date.
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Resolve relative to a VFW Parkway master plan special commission
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S2289
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SD523
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T12:00:29.483'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T12:00:29.4833333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:20:55.56'}]
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Resolve
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By Mr. Rush, a petition (accompanied by resolve, Senate, No. 2289) of Michael F. Rush and Paul McMurtry that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to the development, maintenance and improvement of the Veterans of Foreign War Highway. Transportation.
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Resolved, there shall be a special commission known as the VFW Master Plan Commission for the purpose of making an investigation and study relative to the development, maintenance and improvement of the Veterans of Foreign War Highway in the town of Dedham and the West Roxbury section of the City of Boston, beginning at the intersection with Washington Street and Providence Highway in the Town of Dedham and traveling through the West Roxbury section of the City of Boston to its eastern end at Centre street in the West Roxbury section of the City of Boston. The commission shall consist of the senator for Norfolk & Suffolk District; the representative from the 10th Suffolk District; the representative from the 11th Norfolk District, who shall serve as the chairs of the commission; the representative in congress from the 8th congressional district, the district 6 Boston city councilor; the chairman of the board of selectmen for the town of Dedham, the director of public works in the town of Dedham; the commissioner of the Boston Transportation Department, or a designee, the Secretary of Transportation, or a designee, the commissioner of the department of conservation and recreation or a designee, 3 persons to be appointed by mayor of the city of Boston who shall be residents of the West Roxbury section of the City of Boston, 2 persons from the town of Dedham to be appointed by the Dedham Board of Selectmen, a member of the West Roxbury Business Association, and 2 business owners who businesses are located on the VFW Parkway.
The investigation and study shall include: (1) an evaluation of the pedestrian, public transit, and automobile network including traffic patterns, signage, and signaling; (2) an analysis of existing federal, state and local funding sources, including grants and loans; (3) an evaluation of both private and publicly owned land that may be used for active and passive recreational use; (4) potential beautification and aesthetic improvements to the parkway.
No member of the commission shall receive any compensation for services, nor shall a member be reimbursed for any travel expenses or actual expenses incurred in carrying out duties as a member of the commission.
The commission shall report the results of its investigation and study, together with its recommendations and drafts of a master plan for development, maintenance, and improvements to the VFW Parkway, by filing with the clerk of the Boston city council on or before June 30, 2024 and with the clerks of the house of representatives and the senate, who shall forward the same to their respective committees on ways and means.
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Resolve providing for an investigation and study by a special commission relative to protein innovation in Massachusetts
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S229
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SD944
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T12:34:07.523'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T12:34:07.5233333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T12:56:45.69'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T15:09:57.38'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-03T11:42:51.1366667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T14:33:15.6'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-09T14:33:15.6'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-23T16:50:46.1633333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-28T14:02:35.1'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T13:40:08.8266667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-13T15:43:58.5066667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-03-16T15:10:15.2266667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-03-21T08:56:04.87'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-30T14:35:40.62'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-13T11:11:09.7633333'}]
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Resolve
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By Ms. Jehlen, a petition (accompanied by resolve, Senate, No. 229) of Patricia D. Jehlen, Jack Patrick Lewis, Jason M. Lewis, Michael O. Moore and other members of the General Court that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to protein innovation in Massachusetts. Economic Development and Emerging Technologies.
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Resolved, that a special Protein Innovation Commission is hereby established for the purposes of making an investigation and study relative to alternative proteins and to develop a master plan of recommendations for fostering the appropriate expansion of protein innovation and the alternative protein industry in the Commonwealth. The special legislative commission shall study how the commonwealth of Massachusetts can best support the growing alternative protein industry in the state. The commission shall examine the potential economic development benefits, and job creation potential, of the plant-based, cultivated, and fermented meat industries in Massachusetts; identify the environmental benefits, including with respect to the reduced land use, reduced deforestation, and reduced greenhouse gas emissions, of alternative proteins compared to conventional meat and dairy products in Massachusetts; examine how alternative proteins can strengthen the state’s food resiliency; assess how alternative proteins can improve individual and public health and combat antibiotic resistance; identify ways the state of Massachusetts can foster the growth of the emerging alternative protein industry, including by reviewing past efforts made to support the broader biotech and life science industries.
As used in this resolve, the following words shall have the following meanings unless the context clearly requires otherwise:
“Alternative proteins” refers to proteins created from plant-based, fermented, or cell-cultured inputs and processes to create foods that share sensory characteristics that are consistent with conventional meat and dairy.
“Plant-based protein” refers to proteins produced directly from plants, composed of protein, fat, vitamins, minerals, and water.
“Fermented proteins” refers to proteins made from traditional fermentation, biomass fermentation, and precision fermentation.
“Cultivated meat” refers to meat that is directly produced from animal cells using a cell cultivation process using bioreactors.
The Protein Innovation Commission shall consist of 13 members: 3 members of the senate, 2 of whom shall be appointed by the president and 1 of whom shall be appointed by the minority leader of the senate, 3 members of the house 2 of whom shall be appointed by the speaker and 1 of whom shall be appointed by the minority leader of the house. The president and the speaker shall each designate 1 of their appointments to serve as co-chair of the commission. The commission shall further consist of the secretary of economic development or their designee, and 6 members appointed by the governor, 2 of whom are engaged in academic or scientific research on alternative protein development at a Massachusetts college or university, 1 of whom is engaged in the private sector research and development of alternative proteins; 1 of whom shall be an expert in food security issues; and 1 of whom shall be the president of the Massachusetts Biotechnology Council or their designee.
Members shall not receive compensation for their services.
All appointments shall be made not later than 30 days after the effective date of this resolve. The co-chairs shall schedule no fewer than 4 meetings of the commission, including no fewer than 1 public hearing. The co-chairs shall convene the first meeting of the special commission within 60 days after the effective date of this resolve.
The commission shall study and analyze the potential benefits of alternative proteins, and shall address in its review: (i) the job growth potential of the alternative protein industry in Massachusetts, as demand for meat continues to grow; (ii) how plant-based, fermented, and cultivated meat can reduce the state’s greenhouse gas emissions, and yield other environmental benefits; (iii) how the state can support new and emerging companies in this sector, and what pressing challenges the industry currently faces; (iv) any other topic that the commission may choose to examine in relation to alternative proteins.
The commission shall submit a report of its findings and recommendations to the General Court, together with drafts of legislation necessary to carry out those recommendations, not later than December 31, 2023.
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An Act relative to the orange line extension
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S2290
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SD526
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:32:34.487'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:32:34.4866667'}]
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2290) of Michael F. Rush for legislation relative to the orange line extension. Transportation.
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SECTION 1. Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall conduct a feasibility study relative to extending rapid transit service from the current terminus of the Massachusetts Bay Transit Authority’s Orange Line at Oak Grove in the City of Malden to the Massachusetts Bay Transit Authority Rail station through Roslindale Village, in the Roslindale section of the city of Boston.
SECTION 2. The study shall examine and evaluate the costs and economic opportunities related to extending Orange Line service or otherwise expanding rapid transit service from the City of Malden to the City of Boston, including but not limited to: (i) the projected capital costs; (ii) the projected operating costs and revenue estimates; (iii) the projected ridership levels; (iv) the prospect of operating on existing rights of way and other operational issues; (v) the environmental and community impact estimates; (vi) the availability of federal, state, local and private sector funding sources; (vii) regional equity in rapid transit investments in the commonwealth, and (viii) the potential economic, social and cultural benefits to the Boston Neighborhoods and the commonwealth as a whole.
SECTION 3. The department shall file the report with the clerks of the house and senate, the chairs of the house and senate committee on ways and means and the senate and house chairs of the joint committee on transportation not later than 120 days after passage of this act.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J27', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J27'}, 'Votes': []}]
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[]
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An Act promoting fare equity
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S2291
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SD1242
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-19T10:18:05.31'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-19T10:18:05.31'}, {'Id': None, 'Name': 'Mayor Michelle Wu', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:48:12.9233333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:48:10.69'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-13T13:56:06.9233333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-13T13:55:17.2333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2291/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2291) of Michael F. Rush, Mayor Michelle Wu, Paul McMurtry, Lydia Edwards and others for legislation to promote fare equity. Transportation.
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Chapter 161A of the General Laws is hereby amended by adding the following section:-
Section 53. The Massachusetts Bay Transportation Authority shall designate all commuter rail stations in the city of Boston as Zone 1A to promote fare equity for commuters in the city of Boston.
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An Act designating a certain bridge in the town of Dedham as the Honorable Kelly A. Timilty Memorial Bridge
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S2292
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SD2206
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-20T13:23:09.993'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-20T13:23:09.9933333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:48:20.4866667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-09-19T15:03:11.46'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2292/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2292) of Michael F. Rush and Paul McMurtry for legislation to designate a certain bridge in the town of Dedham as the Honorable Kelly A. Timilty Memorial Bridge. Transportation.
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Bridge D-05-005 on Ames Street, over the Charles River in the town of Dedham, shall be designated and known as the “Honorable Kelly A. Timilty Memorial Bridge” in recognition of Kelly A. Timilty. Kelly was a beloved public servant who served nine consecutive terms before five governors on the Governor's Council. Kelly was the youngest child of Joseph F. Timilty, former state senator, and the sister of the Honorable James E. Timilty. She passed away before her time on January 31, 2012. The Massachusetts Department of Transportation shall erect and maintain a suitable marker bearing the designation in compliance with the standards of the department.
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[]
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J27', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J27'}, 'Votes': []}]
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[]
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An Act promoting road safety
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S2293
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SD54
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:52:14.603'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:52:14.6033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2293/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2293) of Bruce E. Tarr for legislation to promote road safety. Transportation.
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SECTION 1. The Registrar of Motor Vehicles shall initiate a voluntary program allowing interested individuals to obtain from the Registry a yellow dot window decal for placement on their motor vehicle and a yellow dot folder for placement in the glove compartment of the motor vehicle. Program participation shall be limited to individuals 62 years of age or over and to individuals with a chronic illness.
The purpose of the yellow dot program is to assist participants by making critical health information readily available to emergency medical responders and law enforcement personnel in the event of a motor vehicle accident, a medical emergency, or any other interaction involving emergency medical responders or law enforcement personnel.
Participants shall affix the yellow dot window decal on the operator’s side of the motor vehicle’s rear window in the lower corner. The purpose of the decal is to alert emergency medical responders or law enforcement personnel and notify them to search the glove compartment of the motor vehicle for the corresponding yellow dot folder, which shall include the participant’s health information.
The purpose of the information in the folder is to assist emergency medical responders and law enforcement personnel in positively identifying the participant, communicating with the participant’s family or emergency contacts, and ensuring that the participant’s current medications and preexisting medical conditions are considered when treatment is administered for any injury the participant suffers in a motor vehicle accident; when treatment is administered for any other medical emergency; or when any other interaction involving emergency medical responders or law enforcement personnel occurs.
SECTION 2. In designing the yellow dot program materials, the Registrar, in consultation with the department of public health and the executive office of elder affairs, shall give consideration to the program materials used by similar programs in other states in order to maximize uniformity. Program materials shall include, but need not be limited to:
(1) a yellow decal of a size and design to be determined by the Registrar which will be affixed to the rear driver’s side window of the program participant’s vehicle;
(2) a health information card which provides space for a program participant to attach a recent photograph and indicate the participant’s name, emergency contact information, physicians’ names and contact information, medical conditions, recent surgeries, allergies, medications, and any other information the Registrar shall deem to be relevant information to emergency responders in the case of emergency;
(3) a yellow envelope of a size and design to be determined by the Registrar into which the health information card established pursuant to paragraph (2) of this subsection is to be inserted and then placed in the program participant’s glove compartment; and
(4) a program instruction sheet including a toll free hotline phone number and electronic mail address , established by the Registrar, to assist individuals who have questions about the program or require assistance in completing the health information card.
SECTION 3. A fee may be charged for the issuance of the yellow dot window decal and yellow dot folder. The fee shall be sufficient to cover the costs associated with the program and is in addition to the regular vehicle license fee and any other fees and taxes required to be paid upon registration of the motor vehicle.
SECTION 4. The Registrar shall adopt such rules governing the “yellow dot” program as may be necessary to implement and administer the program, and shall undertake a public information campaign to raise awareness of the program.
SECTION 5. No emergency responder shall be liable for any civil damages as a result of any acts or omissions undertaken in response to incomplete, incorrect, or outdated information provided on any health information card if the responder acted in good faith in rendering care at the scene of a motor vehicle accident or emergency to a program participant.
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An Act promoting motor vehicle safety
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S2294
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SD55
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T13:02:38.48'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T13:02:38.48'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2294/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2294) of Bruce E. Tarr for legislation to promote motor vehicle safety. Transportation.
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SECTION 1. Section 22F of chapter 90 of the General Laws is hereby amended by striking out, in line 57, the word “four” and inserting in place thereof the following word:- “five”.
SECTION 2. Section 22F of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 66-68, the following sentence:-
“An appeal to the superior court may be had, in accordance with the provisions of chapter thirty A, from any order of the registrar of motor vehicles made under the provisions of this section.”
SECTION 3. Section 22F of said chapter 90 is hereby further amended by inserting at the end thereof the following paragraph:-
“Any person previously deemed an habitual offender under this section who has not had their license or right to operate a motor vehicle restored to them by the registrar for a period of more than 5 years and who is convicted of operating a motor vehicle while under the influence of intoxicating liquor or narcotic drugs in violation of paragraph (a) of subdivision (1) of section 24; operating a motor vehicle recklessly or negligently so that the lives and safety of the public might be endangered; making a false statement in an application for a learner’s permit or motor vehicle operator’s license or in an application for a registration of a motor vehicle; going away without making known his name, residence and the registration number of his vehicle after knowingly colliding with or otherwise causing injury to any person, other vehicle or property, all in violation of paragraph (a) of subdivision (2) of section 24; operating a motor vehicle after suspension or revocation of the person’s motor vehicle operator’s license or his right to operate motor vehicles in violation of section 23; operating a motor vehicle without a license in violation of section 10; or the commission of any felony in the commission of which a motor vehicle is used, shall be deemed a level 3 habitual traffic offender and the registrar shall immediately revoke such person’s license or right to operate and shall not issue a new license or reinstate the right to operate for a period up to life but not less than 5 years from the date of revocation, nor until such person has satisfactorily completed a driver improvement course approved by the registrar and has passed such examination as to his competence to operate motor vehicles as the registrar may require.
Any person previously deemed an habitual offender under this section who has not had their license or right to operate a motor vehicle restored to them by the registrar for a period of more than 5 years and who is convicted of 3 or more convictions of offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more, shall be deemed a level 2 habitual offender and the registrar shall immediately revoke such person’s license or right to operate and shall not issue a new license or reinstate the right to operate to such person for a period of not less than 5 years from the date of revocation nor more than 15 years from such date of revocation, nor until such person has satisfactorily completed a driver improvement course approved by the registrar and has passed such examination as to his competence to operate motor vehicles as the registrar may require. Provided further, that any person previously deemed a level 2 habitual offender under this section who has not had their license or right to operate a motor vehicle restored to them by the registrar for a period of 5 years and is convicted of operating a motor vehicle while under the influence of intoxicating liquor or narcotic drugs in violation of paragraph (a) of subdivision (1) of section 24; operating a motor vehicle recklessly or negligently so that the lives and safety of the public might be endangered; making a false statement in an application for a learner’s permit or motor vehicle operator’s license or in an application for a registration of a motor vehicle; going away without making known his name, residence and the registration number of his vehicle after knowingly colliding with or otherwise causing injury to any person, other vehicle or property, all in violation of paragraph (a) of subdivision (2) of section 24; operating a motor vehicle after suspension or revocation of the person’s motor vehicle operator’s license or his right to operate motor vehicles in violation of section 23; operating a motor vehicle without a license in violation of section 10; or the commission of any felony in the commission of which a motor vehicle is used; or 2 or more convictions of offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more, shall be deemed a level 3 habitual offender and the registrar shall immediately revoke such person’s license or right to operate and shall not issue a new license or reinstate the right to operate for a period up to life but not less than 5 years from the date of revocation, nor until such person has satisfactorily completed a driver improvement course approved by the registrar and has passed such examination as to his competence to operate motor vehicles as the registrar may require. The registrar may revoke from any level 3 habitual offender who has had their license or right to operate restored and who commits an automobile law violation, as defined in section 1 of chapter 90C, the license or right to operate for a period up to life. The registrar may further issue to any habitual traffic offender who has satisfied the durational license revocation requirements provided for in this section a new license or reinstate such person’s right to operate under such terms and conditions as the registrar deems appropriate and necessary. Nothing in this section shall limit the authority of the registrar to revoke a license or right to operate or issue a new license or reinstate the right to operate under section 24 of chapter 90. An appeal to the superior court may be had, in accordance with the provisions of chapter 30A, from any order of the registrar of motor vehicles made under the provisions of this section.”
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[]
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J27', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J27'}, 'Votes': []}]
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[]
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An Act relative to commercial fees
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S2295
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SD115
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:32:08.84'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:32:08.84'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2295/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2295) of Bruce E. Tarr for legislation relative to commercial fees. Transportation.
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SECTION 1. Section 5 of chapter 90 of the General Laws is hereby amended by adding at the end thereof the following subsections:-
(i) Notwithstanding any general or specific law to the contrary, the registrar shall not increase any individual fee by more than 2.5 per cent in a calendar year.
(j) The registrar shall offer a discount for any person registering 5 or more units in a calendar year. For the purposes of this section, a unit shall include: any vehicle subject to a commercial normal, commercial reserved, commercial, vanity, snow removal, hearse, limited use, auto home normal, auto home reserved, auto home vanity, bus normal, bus reserved, bus vanity, livery normal, livery limited use, livery reserved, livery vanity, semi trailer normal, semi trailer reserved, trailer normal, trailer reserved, taxi normal, taxi limited used, taxi reserved, or van pool normal registration. This discount shall be in an amount of no less than 10 per cent of each registration fee they would otherwise incur.
(k) The registrar shall issue a report to the legislature within 90 days of the acceptance of this act. This report shall offer recommendations to reduce the cost of operating a commercial vehicle or unit in Massachusetts in order to promote competition with neighboring states. This report shall be submitted to the chairs of the Joint Committee on Transportation.
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An Act establishing the Blue Star Family license plate
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S2296
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SD117
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:33:48.743'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:33:48.7433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2296/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2296) of Bruce E. Tarr for legislation to establish the Blue Star Family license plate. Transportation.
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SECTION 1. Section 2 of chapter 90 of the General Laws is hereby amended by inserting after the twentieth paragraph, as appearing in the 2020 Official Edition, the following paragraph:-
The registrar shall furnish without charge to the owner of a private passenger motor vehicle who is a parent, child or spouse of a police officer of a police department of any city or town, the department of state police or the Massachusetts bay transportation authority police department, who has been killed in the line of duty, upon presentation of satisfactory evidence to the registrar, a distinctive registration plate that reads "Blue Star Family" for 1 private passenger motor vehicle owned and principally used by that person or a distinctive "Blue Star Family" emblem to be affixed to a registration plate for a motorcycle privately owned and principally used by that person. The registrar may issue a distinctive "Blue Star Family" registration of up to 6 characters for 1 private passenger motor vehicle owned and principally used by that person. A police officer shall be determined to have been killed in the line of duty for purposes of this paragraph if the circumstance meets those which would make them eligible to be placed on the National Law Enforcement Memorial in Washington D.C.
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An Act relative to child vehicle passenger safety
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S2297
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SD118
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:34:14.863'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:34:14.8633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2297/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2297) of Bruce E. Tarr for legislation relative to child vehicle passenger safety. Transportation.
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SECTION 1. Section 7AA of chapter 90 as appearing in the 2020 official edition is hereby amended by striking in line 28 the words "not more than twenty-five dollars " and inserting in place thereof the following:-"fifty dollars for a first offense and one hundred dollars for a second or subsequent offense".
SECTION 2. Section 13A of chapter 90 as appearing in the 2020 official edition is hereby amended by striking in line 30 the words:-" twenty-five" and inserting in place thereof the following:-"fifty for a first offense and one hundred dollars for a second or subsequent offense".
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An Act relative to the sale of old metals and vehicle catalytic converters
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S2298
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SD406
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:22:58.927'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:22:58.9266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2298/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2298) of Bruce E. Tarr for legislation relative to the sale of old metals and vehicle catalytic converters. Transportation.
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Chapter 266 of the General Laws is hereby amended by adding the following section:-
Section 148. (a) For the purposes of this section, the term “catalytic converter” shall mean an exhaust-system component of an automobile, as defined in section 1 of chapter 90, containing a catalyst that causes conversion of harmful gases including, but not limited to, carbon monoxide and uncombusted hydrocarbons into mostly harmless products including, but not limited to, water and carbon dioxide.
(b)(1) Any person or entity licensed pursuant to sections 54, 54A, 56 or 58 of chapter 140 or section 1 of chapter 140B shall: (i)(A) not purchase, accept or acquire a catalytic converter from another person or entity unless the seller or offeror presents proof of identification in addition to a bill of sale or other legal document demonstrating ownership of the catalytic converter; and (B) preserve photocopies or digital images of the documentation; (ii) keep records of all catalytic converter transactions; and (iii) make available to the local chief of police or the chief’s designee any records created pursuant to this subsection upon request by the chief or the chief’s designee.
(2) The following shall be included in the records prepared pursuant to paragraph (1): (i) the date of transaction; (ii) the name, address, telephone number and signature of the seller or offeror of the catalytic converter; (iii) a photocopy or digital image of the seller’s or offeror’s photo identification; (iv) the license plate number of the vehicle used to transport the catalytic converter to the licensee; (v) a description of the catalytic converter; (vi) a photograph of the catalytic converter; (vii) photocopies or digital images of the bill of sale or other legal document demonstrating ownership by the seller or offeror; and (viii) the price paid by the licensee for each catalytic converter and the total transaction amount.
Records created pursuant to this subsection shall be maintained for 3 years from the date of the transaction.
(3) All licensees involved in the sale and purchase of a catalytic converter shall use a company check as a method of payment for transactions: (i) exceeding $250 per customer per day; or (ii) that include not less than 3 catalytic converters.
(4) This subsection shall not apply to licensees' acquisitions or purchases of whole motor vehicles.
(5) A person or entity licensed pursuant to sections 54, 54A, 56 or 58 of chapter 140 or section 1 of chapter 140B shall not enter into a transaction to purchase or receive a catalytic converter from any person who is not a commercial enterprise or owner of the vehicle from which the catalytic converter was removed.
(c) The police department having jurisdiction in the city or town where the licensee is located shall enforce the provisions of subsection (b) and may issue a civil fine to the license holder of $100 for each catalytic converter sold in violation of this section and: (i) $300 for the first offense; (ii) $550 for the second offense; and (iii) $700 for each subsequent violation. The municipal licensing board may suspend or revoke the licensee’s license for any violations of this section. If, after committing a violation under subsection (b), a licensee maintains the licensee’s license for 36 consecutive months without a violation, any new violation committed by the licensee thereafter shall be treated as a first offense.
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An Act relative to motorcycle safety
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S2299
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SD2281
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T15:06:27.69'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T15:06:27.69'}, {'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-20T15:06:27.7233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2299/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2299) of Bruce E. Tarr and Barry R. Finegold for legislation relative to motorcycle awareness instruction. Transportation.
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SECTION 1. Section 13D of Chapter 71 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended, in line 21 by inserting the words "nationally recognized" in front of the words "nationally recognized" in front of the words "motorcycle awareness program" and in line 22, by striking the words "Motorcycle Safety Foundation" and inserting in place thereof:- "Massachusetts Motorcycle Rider Education Program". And by striking the following: Two dollars from each motorcycle registration fee paid under Section 34 of Chapter 90 shall be used to fund the cost of the required materials for the motorcycle awareness program module required by this section.
SECTION 2. Section 32G of Chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended, in line 189 by inserting the words "nationally recognized" in front of the words "motorcycle awareness program" and in lines 190-191, by striking the words "Motorcycle Safety Foundation" and inserting in place thereof the following words:- "Massachusetts Motorcycle Rider Education Program". And by striking the following: Two dollars from each motorcycle registration fee paid under Section 34 shall fund the cost of the required materials for the motorcycle awareness program module required by this section.
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An Act making appropriations for the Fiscal Year 2023 to provide for supplementing certain existing appropriations and for certain other activities and projects
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S23
| null | 193
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{'Id': 'S30', 'Name': 'Senate Committee on Ways and Means', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S30', 'ResponseDate': '2023-03-06T11:49:33.197'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/S23/DocumentHistoryActions
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Amendment
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Senate, March 6, 2023 -- The committee on Senate Ways and Means, to whom was referred the House Bill making appropriations for the Fiscal Year 2023 to provide for supplementing certain existing appropriations and for certain other activities and projects (House, No. 58); reports, recommending that the same ought to pass with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 23.
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SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2023, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2023. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. These sums shall be made available through the fiscal year ending June 30, 2023.
SECTION 2.
DISTRICT ATTORNEYS
Cape and Islands District Attorney
0340-1000 Cape and Islands District Attorney $200,000
OFFICE OF THE COMPTROLLER
1599-3384 Judgments, Settlement and Legal Fees $8,286,615
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Public Health
4513-1005 Family and Adolescent Health Services $1,250,000
EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Department of Housing and Community Development
7004-0101 Emergency Assistance Family Shelters and Services $44,938,224
EXECUTIVE OFFICE OF EDUCATION
Department of Early Education and Care
3000-1045 C3 Stabilization Grants $68,000,000
Department of Elementary and Secondary Education
7053-1925 School Breakfast Program $65,000,000
SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2023. Except as otherwise stated, these sums shall be made available through the fiscal year ending June 30, 2024.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves
1599-0924 For a reserve to address the needs of homeless families and individuals; provided, that funding may be expended to supplement school district costs associated with additional student enrollments; provided further, that any such funds distributed to a city, town or regional school district to supplement school district costs associated with additional student enrollments shall be deposited with the treasurer of such city, town or regional school district and held in a separate account and shall be expended by the school committee of such city, town or regional school district without further appropriation, notwithstanding any general or special law to the contrary; provided further, that funds in this item shall be distributed in a manner that promotes geographic equity and fairly distributes school burdens and associated funding to communities in which shelter capacity is increased; provided further, that the secretary of administration and finance may transfer funds from this item to state agencies as defined in section 1 of chapter 29 of the General Laws; and provided further, that the secretary shall notify the house and senate committees on ways and means of any such transfer $40,061,776
1599-0925 For a reserve to address the needs of newly-arrived immigrants and refugees to be administered by the executive office of health and human services, in coordination with the office for refugees and immigrants and the department of housing and community development; provided, that funds shall be expended to support refugee resettlement agencies, nonprofit organizations, community-based organizations, family resource centers and local partners supporting immigrants and refugees through case management, legal screenings, benefits assistance, employment services programming and other non-housing-related supports for newly-arrived immigrants and refugees; provided further, that funds may be used for both direct assistance and administrative costs; provided further, that funds shall be made available to the executive office of health and human services for the development, in coordination with the office for refugees and immigrants and the department of housing and community development, of a new arrivals coordination plan to establish a more coordinated system to address the needs of newly-arrived immigrants and refugees including, but not limited to: (i) timely triage; (ii) social workers; (iii) medical screenings; (iv) culturally-appropriate food; (v) legal screenings and referrals; and (vi) assistance with screening and enrollment for benefits through MassHealth, the department of transitional assistance, the emergency housing assistance program under section 30 of chapter 23B of the General Laws and other state programs; provided further, that the plan shall address regional equity to ensure timely intake processes for newly-arrived immigrants and refugees; provided further, that in developing the plan, the executive office shall collaborate with and seek input from refugee resettlement agencies, nonprofit organizations, community-based organizations and local partners; provided further, that the plan shall be developed and submitted to the house and senate committees on ways and means not later than June 30, 2023; and provided further, that the executive office of health and human services shall submit monthly reports to the house and senate committees on ways and means detailing the identified number of newly-arrived immigrants and refugees entering the commonwealth until the exhaustion of funds in this item $7,000,000
1599-3068 For emergency allotments to households participating in the supplemental nutrition assistance program under the federal Food and Nutrition Act of 2008, 7 U.S.C. 2011 et seq., to address food needs and increased food costs; provided, that the emergency allotments shall be not more than 40 per cent of the amount needed to bring the monthly benefit up to the applicable maximum monthly allotment for the household size or not more than 40 per cent of $95, whichever is greater…………. $130,000,000
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Transitional Assistance
4400-1030 For reimbursement to clients who have had their federal supplemental nutrition assistance program payments stolen through electronic benefit transfer card skimming, card cloning or other similar fraudulent electronically-based method, during the period of April 1, 2022 to September 30, 2022, inclusive; provided, that claims for such reimbursement must be verified by the department of transitional assistance and must be reported to or identified by the department not later than June 30, 2023; provided further, that reimbursements shall not exceed the lesser of the amount of benefits stolen from the household, or the amount equal to 2 months of the monthly allotment of the household immediately prior to the date on which the benefits were stolen; and provided further, that notwithstanding the previous clause, the department may, subject to the availability of funds in this item, make additional reimbursements for stolen benefits available greater than the amount equal to 2 months of the monthly allotment of the household immediately prior to the date on which the benefits were stolen or for the period of October 1, 2022 to June 30, 2023, inclusive, to the extent that federal funds will not cover the cost of reimbursement $2,000,000
SECTION 3. To provide for a program of housing, community development, economic opportunities, support for local governments, increased innovation and job creation, the sums set forth in sections 3 to 3B, inclusive, for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the laws regulating the disbursement of public funds; provided, however, that the amounts specified in an item or for a particular project may be adjusted in order to facilitate projects authorized in this act. These sums shall be in addition to any amounts previously authorized and made available for these purposes.
EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Office of the Secretary
7002-8041 For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws for a matching grant program that enables academic institutions, nonprofit organizations, industry consortiums, federally funded research and development centers and other technology-based economic development organizations to compete for federal grants in technology and innovation fields including, but not limited to: (i) artificial intelligence and machine learning; (ii) cybersecurity, data storage and data management; (iii) quantum computing and information systems; (iv) robotics and advanced automation; (v) high performance computing, semiconductors and advanced computer hardware; (vi) blockchain; (vii) supply chain; (viii) energy storage and batteries; (ix) food security; and (x) advanced materials; provided, that the matching grant program may also enable participation of these entities in associated workforce development federal grant programs; and provided further, that not more than 15 days after any competitive application is submitted for federal funds proposing the use of state matching funds from this item, the executive office of housing and economic development shall submit a summary of the application to the house and senate committees on ways and means $200,000,000
7002-8042 To provide funds to the Massachusetts Broadband Incentive Fund established in section 6C of chapter 40J of the General Laws for capital repairs and improvements to broadband infrastructure owned by the Massachusetts Technology Park Corporation established by section 3 of said chapter 40J $9,300,000
7002-8043 For the Massachusetts Technology Park Corporation established in section 3 of chapter 40J of the General Laws for matching grants that support collaboration among manufacturers located in the commonwealth and institutions of higher education, nonprofit organizations and other public or quasi-public entities in the commonwealth; provided, that eligible grantees shall include private businesses; provided further, that grants shall be awarded and administered consistent with the strategic goals and priorities of the Massachusetts advanced manufacturing collaborative established in section 10B of chapter 23A of the General Laws; provided further, that grants made for the purchase of equipment to be owned by, leased to or located within the premises of a private businesses shall be made in support of a partnership with an institution of higher education or nonprofit corporation with a mission of supporting manufacturing in the commonwealth; provided further, that a private university or business entity shall not be eligible for a grant unless the Massachusetts Technology Park Corporation has made a finding that a grant to such university or entity will result in a significant public benefit and the private benefit is incidental to a legitimate public purpose; and provided further, that grants shall be awarded in a manner that promotes geographic, social, racial and economic equity $14,000,000
7002-8047 For matching grants to support advanced manufacturing projects in partnership with institutions of higher education, including state and municipal colleges and universities, nonprofit organizations and other public or quasi-public entities; provided, that such projects shall be in alignment with a Manufacturing USA institute $15,000,000
7002-8048 For the MassWorks infrastructure program established by section 63 of chapter 23A of the General Laws $400,000,000
7002-8049 To enable public entities and other eligible entities within the commonwealth to provide matching funds necessary to receive federal funding for broadband infrastructure, equity, access and deployment $30,000,000
7002-8051 For a program to provide assistance to projects that will improve, rehabilitate or redevelop blighted, abandoned, vacant or underutilized properties to achieve the public purposes of eliminating blight, increasing housing production, supporting economic development projects, increasing the number of commercial buildings accessible to persons with disabilities and conserving natural resources through the targeted rehabilitation and reuse of vacant and underutilized property; provided, that such assistance shall take the form of a grant or a loan provided to a municipality or other public entity, a community development corporation, nonprofit entity or for-profit entity; provided further, that eligible uses of funding shall include, but not be limited to: (i) improvements and additions to or alterations of structures and other facilities necessary to comply with requirements of building codes; (ii) efforts to comply with fire or other life safety codes and regulations pertaining to accessibility for persons with disabilities; (iii) efforts to comply with code or regulatory compliance when compliance is required in connection with a new commercial residential or civic use of such structure or facility; and (iv) the targeted removal of existing underutilized structures or facilities to create or activate publicly-accessible recreational or civic spaces; provided further, that funding shall be awarded on a competitive basis in accordance with guidelines developed by the Massachusetts Development Finance Agency established in section 2 of chapter 23G of the General Laws; provided further, that financial assistance offered pursuant to this line item may be administered by the executive office of housing and economic development through a contract with the Massachusetts Development Finance Agency; provided further, that the executive office or the Massachusetts Development Finance Agency may establish additional program requirements through regulations or policy guidelines; provided further, that financial assistance offered pursuant to this item shall be awarded, to the extent feasible, in a manner that reflects geographic and demographic diversity and social, racial and economic equity within the commonwealth; and provided further, that program funds, not to exceed 5 per cent of the total assistance made during the fiscal year, may be used for the reasonable costs of administering the program $34,000,000
SECTION 3A.
EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Department of Housing and Community Development
7004-8026 For the Smart Growth Housing Trust Fund established in section 35AA of chapter 10 of the General Laws $8,000,000
SECTION 3B.
TREASURER AND RECEIVER GENERAL
0640-1006 For the Massachusetts Clean Water Trust established in section 2 of chapter 29C of the General Laws for deposit in the Water Pollution Abatement Revolving Fund established in section 2L of chapter 29 of the General Laws for application by the trust for the purposes specified in section 5 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under Title VI of the federal Clean Water Act, Public Law 92-500, or for deposit in the Drinking Water Revolving Fund established in section 2QQ of said chapter 29 for application by the trust for the purposes specified in section 18 of said chapter 29C, any portion of which may be used as a matching grant by the commonwealth to federal capitalization grants received under the federal Safe Drinking Water Act, Public Law 93-523; provided, that funds may be used to assist homeowners in complying with the revised Title 5 of the state environmental code for subsurface disposal of sanitary waste; and provided further, that funds may be expended for the costs of projects and programs included in the federal Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58 $104,000,000
SECTION 4. Section 9 of chapter 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-
(e) The director shall submit a report of the unit’s activities for the preceding calendar year, including, but not limited to, findings referred to the inspector general for investigation, to the inspector general for inclusion in the annual report pursuant to section 12 of chapter 12A. The inspector general shall submit the annual report to the joint committee on transportation not later than April 30 of each year. The secretary shall make the annual report and all such reports from previous years publicly available on the department’s website.
SECTION 5. Section 72 of chapter 22C of the General Laws, as so appearing, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-
(e) The director shall submit a report of the unit’s activities for the preceding calendar year, including, but not limited to, findings referred to the inspector general for investigation, to the inspector general for inclusion in the annual report pursuant to section 12 of chapter 12A. The inspector general shall submit the annual report to the joint committee on public safety and homeland security not later than April 30 of each year. The department shall make the annual report and all such reports from previous years publicly available on the department’s website.
SECTION 6. Section 3 of chapter 23N of the General Laws, as inserted by section 5 of chapter 173 of the acts of 2022, is hereby amended by striking out the definition of “Occupational license” and inserting in place thereof the following definition:-
“Occupational license”, a license required to be held by an employee of an operator when the employee performs duties directly related to the operation of sports wagering in the commonwealth and performs one of the following, or equivalent, roles: (i) general manager; (ii) assistant general manager; (iii) gaming or sports wagering manager; (iv) chief of security; (v) chief surveillance officer; (vi) chief compliance officer; (vii) principal executive officer; (viii) principal accounting officer; (ix) chief information officer; (x) chief technology officer; (xi) electronic gaming device manager; (xii) information technology manager; (xiii) software development manager; (xiv) shift supervisor of an in-person sports wagering department; or (xv) shift supervisor in the surveillance, cage or player development departments.
SECTION 7. Section 5 of said chapter 23N, as so inserted, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) The commission shall not grant an operator license until it determines that each person who has control of the applicant meets all qualifications for licensure. For the purposes of this chapter, the following shall be considered to have control of an applicant:
(i) a person who owns not less than 10 per cent of a corporate applicant; provided, however, that a bank or other licensed lending institution that holds a mortgage or other lien acquired in the ordinary course of business shall not be considered to have control of an applicant;
(ii) a person who holds a beneficial or proprietary interest of not less than 10 per cent of an applicant’s business;
(iii) if the applicant is a corporation, a person with the following relationship to the corporation: (A) president; (B) chief executive officer; (C) chief operating officer; (D) chief financial officer; (E) treasurer; (F) secretary; (G) each inside director; or (H) chair of the board of directors;
(iv) if the applicant is a limited liability corporation, a person with the following relationship to the limited liability corporation: (A) each member; (B) each manager; or (C) any transferee of a member’s interest; or
(v) if the applicant is a partnership, each partner in the partnership.
SECTION 8. Paragraph (1) of subsection (c) of said section 5 of said chapter 23N, as amended by section 36 of chapter 268 of the acts of 2022, is hereby further amended by inserting after the figure “(b)” the following words:- or any applicant for an occupational license as defined in section 3.
SECTION 9. Section 8 of said chapter 23N, as inserted by section 5 of chapter 173 of the acts of 2022, is hereby amended by striking out subsection (d) and inserting in place thereof the following 2 subsections:-
(d) Upon receipt of an application for an occupational license, the commission shall investigate each applicant, including, but not limited to: (i) obtaining criminal offender record information from the department of criminal justice information services; and (ii) exchanging fingerprint data and criminal history with the department of state police and the United States Federal Bureau of Investigation pursuant to subsection (c) of section 5.
(e) Not later than March 1 of the third calendar year following the issuance or renewal of an occupational license, an occupational license holder shall pay a nonrefundable license renewal fee of $100 and submit a renewal application on a form established by the commission. An employer may pay the license renewal fee on behalf of the licensed employee.
SECTION 10. Section 8K of chapter 26 of the General Laws, as inserted by section 22 of chapter 177 of the acts of 2022, is hereby amended by striking out the words “42 U.S.C. 18031(j)”, each time they appear, and inserting in place thereof, in each instance, the following words:- 42 U.S.C. 300gg-26.
SECTION 11. Section 2LLLLL of chapter 29 of the General Laws, as amended by section 21 of chapter 126 of the acts of 2022, is hereby further amended by striking out the word “subject” and inserting in place thereof the following words:- not subject.
SECTION 12. Subsection (a) of section 22B of chapter 32A of the General Laws, as inserted by section 26 of chapter 177 of the acts of 2022, is hereby amended by striking out the words “42 U.S.C. 18031 (j)” and inserting in place thereof the following words:- 42 U.S.C. 300gg-26.
SECTION 13. Subsection (a) of section 14A of chapter 94G of the General Laws, as inserted by section 18 of chapter 180 of the acts of 2022, is hereby amended by adding the following sentence:- Expenditures from the fund shall not be subject to appropriation.
SECTION 14. Subsection (a) of section 65G of chapter 112 of the General Laws, as inserted by section 36 of chapter 177 of the acts, is hereby amended by striking out the definition of “Board of registration” and inserting in place thereof the following definition: -
“Board of registration”, a board of registration: (i) serving in the department pursuant to section 9 of chapter 13; provided, however, that this shall not include the board of registration as established under section 10 of said chapter 13; (ii) serving pursuant to section 76 of said chapter 13; (iii) serving pursuant to section 80 of said chapter 13; (iv) serving pursuant to section 88 of said chapter 13; or (v) serving under the supervision of the commissioner pursuant to section 1 of this chapter.
SECTION 15. Section 7.08 of chapter 156D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 6 and 7, the words “, unless the corporation is a public corporation”.
SECTION 16. Subsection (g) of section 14 of chapter 176O of the General Laws, as added by section 70 of chapter 177 of the acts of 2022, is hereby amended by striking out the words “42 U.S.C. 18031(j)” and inserting in place thereof the following words:- 42 U.S.C. 300gg-26.
SECTION 17. Section 6A of chapter 180 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following 2 paragraphs:-
The board of directors may, unless otherwise provided in the articles of organization or by-laws, authorize any annual, regular or special meeting of members to be held in person at a physical location, by means of remote communication or by a hybrid model with both a physical location and a means of remote communication. Subject to the articles of organization, by-laws, guidelines or procedures as the board of directors may adopt, members not physically present at the designated location of a meeting of the members may, by means of remote communication: (i) participate in a meeting of members; and (ii) be deemed, to the same extent as members physically present at a designated location, to be: (A) present; and (B) authorized to vote.
Pursuant to the fifth paragraph, the corporation shall implement reasonable measures to:
(i) verify that each person deemed present and authorized to vote at the meeting by means of remote communication is a member;
(ii) provide members a reasonable opportunity to participate in the meeting and 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) maintain a record of any vote or other action a member takes at a meeting by means of remote communication.
SECTION 18. Chapter 221 of the General Laws is hereby amended by inserting after section 46D the following section:-
Section 46E. (a) With respect to real estate closings involving the use of communication technology, as defined in chapter 222, the following words, as used in this section, shall have the following meanings unless the context clearly requires otherwise:
“Closing”, the consummation of a transaction between parties for the purpose of granting a mortgage or otherwise transferring title to a 1 to 4, inclusive, family residential dwelling, including the execution of documents necessary to accomplish the valid and proper transfer of title and the transfer of the consideration for the conveyance, whether done simultaneously with or subsequent to the execution of documents for the transfer of title; provided, however, that a “closing” shall not include any transaction in which the consideration for the transfer of title is evidenced solely by a home equity loan or line of credit that is: (i) secured by a mortgage on a 1 to 4, inclusive, family residential dwelling; (ii) does not involve the issuance of a lender’s or mortgagee’s policy of title insurance in connection with such transaction; and (iii) is to be retained by the lender and not sold on the secondary mortgage market.
“Creditor”, a person or entity that holds or controls, partially, wholly, indirectly, directly or in a nominee capacity, a mortgage loan securing real property, including, but not limited to, an originator, holder, investor, assignee, successor, trust, trustee, nominee holder, Mortgage Electronic Registration System or mortgage servicer, including the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; provided, however, that “creditor” shall also include any servant, employee, representative or agent of a creditor.
(b) Notwithstanding any general or special law to the contrary, no person, unless that person has been admitted as an attorney in the commonwealth and has not been disqualified from the practice of law due to resignation, disbarment or suspension or placed on inactive status, shall: (i) direct or manage a closing; or (ii) take the following actions in preparation for, or in furtherance of, a closing:
(1) give or furnish legal advice as to the legal status of title;
(2) ensure that the seller or the borrower-mortgagor in a mortgage refinancing transaction is in a position to convey marketable title to the residential property at issue;
(3) issue a certification of title pursuant to section 70 of chapter 93;
(4) draft a deed to real property on behalf of another;
(5) ensure that the documents necessary for the transfer of title are executed and acknowledged in accordance with the laws of the commonwealth; provided, however, a non-attorney may take such action under the direction or supervision of an attorney; or
(6) disburse, or manage the disbursement of, consideration for the conveyance.
(c) The attorney general may initiate an action, including a petition for injunctive relief, against any person or creditor whose violation of this section is part of a pattern, or consistent with a practice, of noncompliance. The supreme judicial court and the superior court department of the trial court of the commonwealth shall have concurrent jurisdiction in equity. A person having an interest or right that is or may be adversely affected by a violation of this section may initiate an action against the person or creditor for private monetary remedies.
SECTION 19. Chapter 222 of the General Laws is hereby amended by striking out section 1, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 1. For the purposes of this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Acknowledgment”, a notarial act in which an individual, at a single time appears in person before a notary public, is identified by the notary public through satisfactory evidence of identity and presents a document or electronic record to the notary public and indicates to the notary public that the signature on the document or record before the notary was voluntarily affixed by the individual for the purposes stated within the document or electronic record or that the signature on the document or electronic record was the individual’s free act and deed and, if applicable, that the individual was authorized to sign in a particular representative capacity.
“Affirmation”, a notarial act, or part thereof, that is legally equivalent to an oath and in which an individual, at a single time appears in person before a notary public, is identified by the notary public through satisfactory evidence of identity and makes a vow of truthfulness or fidelity while appearing before the notary public under the penalties of perjury without invoking a deity.
“Appears in person”, “appears personally” or “personally appears”, (i) being in the same physical location as another individual and close enough to see, hear, communicate with and exchange tangible identification credentials with that individual; or (ii) interacting with a remotely-located individual by means of communication technology in compliance with section 28.
“Capable of independent verification”, the ability to confirm the validity of an electronic notarial act, including the electronic signature and seal, through a publicly accessible system, in compliance with industry standard technology as approved by the secretary of the commonwealth.
“Communication technology”, an electronic device or process that allows a notary public and a remotely-located individual to communicate with each other simultaneously by sight and sound and, when necessary and consistent with other applicable laws, facilitates communication with a remotely-located individual with a vision, hearing or speech impairment.
“Copy certification”, a notarial act in which a notary public is presented with a document that the notary public copies, or that the notary supervises someone else copying, by a photographic or electronic copying process and compares the original document to the copy and determines that the copy is accurate and complete.
“Credential analysis”, a process or service that meets guidelines established by the secretary through which a third person affirms the validity of a current government-issued identification credential by review of public or proprietary data sources.
“Credible witness”, an honest, reliable and impartial person who personally knows an individual appearing before a notary and who takes an oath or affirmation before the notary to vouch for that individual’s identity.
“Dynamic knowledge-based authentication”, a form of identity proofing based on a set of questions that pertain to an individual and are formulated from public or proprietary data sources.
“Electronic”, relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
“Electronic record”, information that is created, generated, sent, communicated, received or stored by electronic means.
“Electronic signature”, an electronic sound, symbol or process that is attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
“Foreign state”, a jurisdiction other than the United States, a state or a federally recognized Indian tribe.
“Identity proofing”, a process or service that meets the guidelines established by the secretary by which a third party provides a notary public with a means to verify the identity of a remotely-located individual by a review of personal information from public or private data sources, which may include credential analysis, dynamic knowledge-based authentication, analysis of biometric data, including, but not limited to, facial recognition, voiceprint analysis or fingerprint analysis, or other means permitted by the secretary.
“Journal”, a chronological record of notarial acts performed by a notary public.
“Jurat”, a notarial act in which an individual, at a single time, appears in person before a notary public, is identified by the notary public through satisfactory evidence of identity and: (i) presents a document or electronic record; (ii) signs the document or electronic record in the presence of the notary public; and (iii) takes an oath or affirmation before the notary public vouching for the truthfulness or accuracy of the contents of the signed document or electronic record.
“Notarial act” or “notarization”, an act that a notary public is empowered to perform, including acts performed electronically in accordance with this chapter.
“Notarial certificate”, the part of, or attachment to, a notarized document or electronic record for completion by the notary public that bears the notary public’s signature and seal and states the venue, date and facts that are attested by the notary public in a particular notarial act or notarization.
“Notary public” or “notary”, a person commissioned to perform official acts pursuant to Article IV of the Amendments of the Constitution of the Commonwealth.
“Notarial seal”, (i) a physical image or impression affixed, stamped or embossed on a tangible record; or (ii) an electronic image attached to, or logically associated with, an electronic record.
“Oath”, a notarial act, or part thereof, that is legally equivalent to an affirmation and in which an individual, at a single time, appears in person before a notary public, is identified by the notary public through satisfactory evidence of identity and takes a vow of truthfulness or fidelity under the penalties of perjury by invoking a deity.
“Official misconduct”, a violation of sections 13 to 24, inclusive, or any other general or special law in connection with a notarial act or a notary public’s performance of an official act in a manner found to be grossly negligent or against the public interest.
“Personal knowledge of identity”, familiarity with an individual resulting from interactions with that individual over a period of time sufficient to ensure beyond doubt that the individual is the person whose identity is claimed.
“Principal”, a person whose signature is notarized or a person taking an oath or affirmation before a notary public.
“Record”, information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
“Regular place of work or business”, a place where an individual spends a substantial portion of their working or business hours.
“Remotely-located individual”, an individual who is not in the physical presence of the notary public who performs a notarial act pursuant to section 28.
“Satisfactory evidence of identity”, identification of an individual based on: (i) at least 1 current document issued by a United States or state government agency bearing the photographic image of the individual’s face and signature; (ii) the oath or affirmation of a credible witness unaffected by the document or transaction who is personally known to the notary public and who personally knows the individual; or (iii) identification of an individual based on the notary public’s personal knowledge of the identity of the principal; provided, however, that for a person who is not a United States citizen, “satisfactory evidence of identity” shall mean identification of an individual based on a valid passport or other government-issued document evidencing the individual’s nationality or residence and which bears a photographic image of the individual’s face and signature; provided further, that for purposes of a notarial act performed using communication technology for a remotely-located individual, “satisfactory evidence of identity” shall be determined pursuant to section 28.
“Secretary”, the secretary of the commonwealth.
“Signature witnessing”, a notarial act in which an individual, at a single time, appears in person before a notary public, is identified by the notary public through satisfactory evidence of identity and presents a document or electronic record and signs the document or electronic record in the presence of the notary public.
“Tamper evident”, the use of a set of applications, programs, hardware, software or other technologies that will display evidence of any changes to an electronic record.
“Tangible journal”, a journal created on a fixed tangible medium in a permanent bound register with numbered pages.
“United States”, a location within the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory, insular possession or other location subject to the jurisdiction of the United States.
SECTION 20. Section 1A of said chapter 222, as so appearing, is hereby amended by striking out, in line 6, the figure “26” and inserting in place thereof the following figure:- 29.
SECTION 21. Section 8 of said chapter 222, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b)(1) A notary public shall keep an official notarial seal that shall be the exclusive property of the notary public. A notary public shall not permit another to use such notarial seal. A notary public shall obtain a new seal upon renewal of the commission, upon receipt of a new commission or if the name of the notary public has changed. The notarial seal shall include: (i) the notary public’s name exactly as indicated on the commission; (ii) the words “notary public” and “Commonwealth of Massachusetts” or “Massachusetts”; (iii) the expiration date of the commission in the following words: “My commission expires ___”; and (iv) a facsimile of the seal of the commonwealth.
(2) If a notarial seal that requires ink is employed, black ink shall be used. The seal of a notary public may be a digital image that appears in the likeness or representation of a traditional physical notary public seal. Only the notary public whose name and registration number appear on an electronic seal shall affix said seal. If the seal is electronically generated, it shall include the words “Electronically affixed”. The requirements of this subsection shall be satisfied by using a seal that includes all of the information required by this section. Failure to comply with this section shall not affect the validity of any instrument or the record thereof.
(3) A notary public shall attach or logically associate the notary public’s electronic signature and electronic seal to an electronic record that is the subject of a notarial act by use of the digital certificate in a matter that is capable of independent verification and renders any subsequent change or modification to the electronic document tamper evident.
SECTION 22. Section 16 of said chapter 222, as so appearing, is hereby amended by inserting after the word “notarization”, in line 3, the following words:- , except as specifically provided in this chapter.
SECTION 23. Said section 16 of said chapter 222, as so appearing, is hereby further amended by inserting after the word “services”, in line 27, the following words:- ; provided further, that a notary public shall not be precluded from receiving a technology services fee that has been clearly disclosed in advance to the person requesting the service and that technology services fee reflects the actual reasonable cost to the notary public of utilizing a third-party technology service provider; and provided further, that the secretary may set reasonable limits on such technology services fee.
SECTION 24. Section 18 of said chapter 222, as so appearing, is hereby amended by adding the following subsection:-
(e)(1) Whenever the secretary has cause to believe that a notary public registered pursuant to section 28 has engaged in a pattern of conduct or a standard, practice or procedure that the secretary determines is contrary to section 46E of chapter 221, the secretary may order the notary public to comply with the law. The secretary may adopt regulations governing administrative proceedings under this section.
(2) The attorney general may enforce an order issued by the secretary pursuant to this section by civil action as provided in section 46E of chapter 221.
(3) The remedies provided by this section shall not limit the availability of judicial remedies to any person or official.
SECTION 25. Subsection (a) of section 22 of said chapter 222, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following 3 sentences:- A journal may be created on a fixed tangible medium or in an electronic format. If the journal is maintained on a tangible medium, it shall be a permanent, bound register with numbered pages. If the journal is maintained in an electronic format, it shall be in a permanent, tamper-evident electronic format complying with the rules of the secretary.
SECTION 26. Said section 22 of said chapter 222, as so appearing, is hereby further amended by striking out, in lines 6 and 7, the words “active journal at the same time” and inserting in place thereof the following words:- tangible journal at any time. A notary may keep more than 1 electronic journal; provided, however, that each electronic journal shall conform to the requirements of subsection (a).
SECTION 27. Clause (v) of subsection (c) of said section 22 of said chapter 222, as so appearing, is hereby amended by striking out subclauses (3) and (4) and inserting in place thereof the following 3 subclauses:- (3) a notation indicating whether the notarial act was conducted in person or remotely; (4) the fee, if any, charged for the notarial act; and (5) the address where the notarization was performed; provided, however, that if the notarial act was performed remotely, the notary shall include the address of the notary and each principal and witness.
SECTION 28. Said section 22 of said chapter 222, as so appearing, is hereby further amended by striking out, in lines 51 and 57, in each instance, the word “state”.
SECTION 29. Said section 22 of said chapter 222, as so appearing, is hereby further amended by striking out subsection (i) and inserting in place thereof the following subsection:-
(i) If not in use, a journal shall be kept under the exclusive control of the notary public or a third-party technology service provider designated by the notary public; provided, however, that there is a mutual agreement by both the notary public and the third-party service provider; and provided further, that a journal shall not be used by any other notary public or surrendered to an employer upon termination of employment.
SECTION 30. Said chapter 222 is hereby further amended by adding the following 3 sections:-
Section 27. (a) A notary public may select 1 or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected. Any technology approved by the secretary pursuant to subsection (h) of section 28 and selected by a notary public shall require the notary public’s electronic signature and electronic seal to be: (i) unique to the notary public; (ii) capable of independent verification; (iii) retained under the sole control of the notary public; and (iv) attached to or logically associated with the electronic record in a tamper-evident manner.
(b) A tangible copy of an electronic record shall be accepted as the equivalent of an original document for purposes of recording said copy; provided, however, that the: (i) copy contains a notarial certificate that satisfies all requirements for an original document to be accepted for recording; (ii) copy satisfies all requirements for recording an original document set forth in chapter 183 and chapter 185, as applicable; and (iii) the notary public executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.
Section 28. (a) A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act if the notary public:
(i)(A) has personal knowledge of the identity of the remotely-located individual; (B) has identified the remotely-located individual by means of an oath or affirmation of a credible witness unaffected by the document or transaction who is personally known to the notary public and who personally knows the remotely-located individual; or (C) can reasonably identify the remotely-located individual by not less than 2 different types of identity proofing processes or services;
(ii) is able to execute the notarial act in a single, real-time session;
(iii) is reasonably able to confirm that a record before the notary public is the same record in which the remotely-located individual made a statement or on which the remotely-located individual executed a signature; and
(iv) the notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act.
(b) A notary public physically located in the commonwealth may perform a notarial act using communication technology for a remotely-located individual who is the principal in a notarial act and is located outside the United States if the: (i) record is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States or involves property located in the territorial jurisdiction of the United States or a transaction substantially connected with the United States; and (ii) act of making the statement or signing the record is not prohibited by the foreign state in which the remotely-located individual is located.
(c) A notary public shall not use communication technology to notarize a record related to the electoral process or a will, codicil or document purporting to be a will or codicil.
(d) Before a notary public performs the notary public’s initial notarization using communication technology, the notary public shall: (i) register as a remote notary with the secretary; (ii) inform the secretary that the notary public will perform remote notarizations; and (iii) identify the communication technology that the notary public intends to use. The communication technology shall conform to the requirements of this chapter and any rules adopted by the secretary. The notice shall be submitted in the form prescribed by the secretary and shall: (A) include an affirmation that the notary public has read and will comply with this section and all rules adopted by the secretary; (B) be accompanied by proof that the notary public has successfully completed any training and examination that the secretary may require; and (C) identify a usual place of business in the commonwealth or, if a foreign entity, identify a registered agent, and in either case identify an address for service of process in connection with a civil action or other proceeding.
(e) If a notarial act is performed pursuant to this section, the certificate of notarial act required by section 15 shall indicate that the notarial act was performed remotely using communication technology and identify the venue for the notarial act as the county within the commonwealth where the notary public was physically located while performing the notarial act.
(f) A notary public, a guardian, conservator or agent of a notary public or a personal representative of a deceased notary public shall retain the audio-visual recording created under clause (iv) of subsection (a) or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. The recording shall be retained for 10 years after the recording is made.
(g) Upon request, the notary public shall make available electronic copies of the pertinent entries in the electronic journal and provide access to any related audio-video communication recording to the following persons: (i) the parties to an electronic record notarized by the notary public; (ii) the title insurer reviewing an insured transaction in the context of an audit of its agent, if the agent conducted the electronic notarial act as an element of the insured transaction; and (iii) any other persons pursuant to a subpoena, court order, law enforcement investigation or other lawful inspection demand.
(h) (1) The secretary shall establish standards for the communication technologies and approval of said technologies for use by notaries public commissioned by the commonwealth. The standards shall conform with national standards, including, but not limited to, standards pertaining to identity proofing and the use of audio-video communication technology.
(2) The communication technology shall have satisfied tamper-evident technology requirements by use of technology that renders any subsequent change or modification to the electronic record evident.
(i) With respect to notarial acts conducted during a closing, as defined in section 46E of chapter 221, the communication technology shall be engaged by the closing attorney with the approval of the lender. Upon successful verification of the identity of the remotely-located individual by the notary as required by clause (i) of subsection (a), such attorney, or the attorney directing or managing the closing who is directly supervising a non-attorney notary public, shall enter and affirm the attorney’s board of bar overseers registration number prior to the conduct of the first notarial act. The communication technology shall record such information in a manner that is logically associated with the transaction and shall retain such information for the same length of time and in the same manner as it retains all other information regarding the notarial act.
(j) In addition to any coverage it elects to provide for individual notaries public, maintenance of errors and omissions insurance coverage by a communication technology service provider shall be provided in a total amount of not less than $250,000 in the annual aggregate with respect to potential errors or omissions in or relating to the technology or processes provided by the communication technology service provider. A notary public shall not be responsible for the security of the systems used by the remotely-located individual or others to access the notarization session.
(k) Prior to a notary public’s initial notarization using communication technology, the secretary may require a notary public to complete a course, either in-person or online, addressing the duties, obligations and technology requirements for conducting remote notarizations offered by the secretary or a vendor approved by the secretary; provided, however, that if such a course is required the required course shall not exceed 2 hours. Each such provider of communication technology shall make the in-person or online course generally available to all applicants. Regardless of membership in the provider’s organization, the provider shall charge each attendee the same cost for the course unless the course is provided in conjunction with a regularly scheduled meeting of the provider’s membership.
(l)(1) The secretary may adopt rules regarding performance of the notarial act that: (i) prescribe the means of performing a notarial act involving a remotely-located individual using communication technology; (ii) establish requirements or procedures to approve providers of communication technology and the process of identity proofing; and (iii) establish standards for the retention of an audio-visual recording created under clause (iv) of subsection (a).
(2) The secretary shall assess each communication technology service provider approved by the secretary a proportional annual fee not to exceed, in the aggregate, the actual and reasonable costs incurred by administering the requirements imposed under this section, including but not limited to acquiring additional software and other such costs and expenses as determined by the secretary as reasonable and necessary to meet such requirements.
(m) By allowing its communication technology or identity proofing to facilitate a notarial act for a remotely-located individual or by providing storage of the audio-visual recording created under clause (iv) of subsection (a), the provider of the communication technology, identity proofing or storage shall appoint the secretary as the provider’s agent for service of process in any civil action in the commonwealth related to the notarial act.
(n) Notwithstanding any general or special law to the contrary, with respect to any document executed in the course of a closing, as defined in section 46E of chapter 221, involving a mortgage or other conveyance of title to residential real property, only a notary public appointed pursuant to this chapter who is an attorney licensed to practice law in the commonwealth, or a non-attorney who is under the direct supervision of or acting pursuant to a direct request by the attorney directing or managing the closing, shall perform an acknowledgment, affirmation or other notarial act utilizing communication technology. The notarial certificate affixed to any such document shall recite the board of bar overseers registration number of the attorney notary or of the supervising attorney for a document notarized by a non-attorney. Failure to comply with this subsection shall not affect the validity of the document or the recording thereof.
(o) The chief justice of the land court department may promulgate rules, orders, guidelines and directives to implement this section and section 27 as they pertain to the execution, acknowledgment and registration of documents affecting title to land whose title has been registered and confirmed by the land court department pursuant to chapter 185.
Section 29. A notary public shall not use, sell or offer to sell to another person or transfer to another person for use or sale, any personal information obtained under section 28 that identifies a remotely-located individual, a witness to a remote notarization or a person named in a record presented for remote notarization, except: (i) as necessary to facilitate performance of a notarial act; (ii) to effect, administer, enforce, service or process a record provided by or on behalf of the individual or the transaction of which the record is a part; (iii) in accordance with this section, including the rules adopted pursuant thereto or other applicable federal or state law; or (iv) to comply with a lawful subpoena or court order.
SECTION 31. Section 19 of chapter 20 of the acts of 2021 is hereby amended by striking out the words “April 1, 2023”, inserted by section 27 of chapter 42 of the acts of 2022, each time they appear, and inserting in place thereof, in each instance, the following words:- April 1, 2024.
SECTION 32. Section 23 of said chapter 20 is hereby amended by striking out the words “March 31, 2023”, inserted by section 3 of chapter 107 of the acts of 2022, and inserting in place thereof the following words:- March 31, 2024.
SECTION 33. Section 30A of said chapter 20 is hereby further amended by striking out the words “March 31, 2023”, inserted by section 4 of chapter 107 of the acts of 2022, and inserting in place thereof the following words:- March 31, 2025.
SECTION 34. Said chapter 20 is hereby further amended by striking out section 31A, inserted by section 31 of chapter 42 of the acts of 2022, and inserting in place thereof the following section:-
Section 31A. Section 27A shall take effect March 31, 2024.
SECTION 35. Subsection (a) of section 132 of chapter 24 of the acts of 2021 is hereby amended by striking out the words “2 members of the house of representatives, 1 of whom shall be appointed by the house minority leader; 2 members of the senate” and inserting in place thereof the following words:- 3 members of the house of representatives, 1 of whom shall be appointed by the house minority leader; 3 members of the senate.
SECTION 36. Item 1599-2051 of section 2A of chapter 102 of the acts of 2021 is hereby amended by striking out the words “December 31, 2022” and inserting in place thereof the following words:- June 30, 2023.
SECTION 37. Section 89 of said chapter 102 is hereby amended by striking out the words “December 31, 2022”, inserted by section 11 of chapter 22 of the acts of 2022, each time they appear, and inserting in place thereof, in each instance, the following words:- November 15, 2023.
SECTION 38. The first paragraph of subsection (a) of section 26 of chapter 22 of the acts of 2022 is hereby amended by inserting after the first sentence the following 2 sentences:- For the purposes of this section, “remote participation” shall mean participation that is: (i) fully remote in which only remote participation is authorized; or (ii) hybrid in which both in-person participation and remote participation are authorized. Any request submitted by a town moderator for a remote town meeting under this section shall state if the proposed remote participation will be fully remote or hybrid.
SECTION 39. Said chapter 22 is hereby further amended by striking out section 41 and inserting in place thereof the following section:-
SECTION 41. Sections 24, 25 and 27 are hereby repealed.
SECTION 40. Said chapter 22 is hereby further amended by inserting after section 41 the following section:-
SECTION 41A. Sections 12, 15 and 26 are hereby repealed.
SECTION 41. Said chapter 22 is hereby further amended by inserting after section 44 the following section:-
SECTION 44A. Section 41A shall take effect on March 31, 2025.
SECTION 42. Subsection (d) of section 2 of chapter 76 of the acts of 2022 is hereby amended by striking out the words “March 1, 2023” and inserting in place thereof the following words:- December 31, 2023.
SECTION 43. Paragraph (3) of subsection (b) of section 1 of chapter 77 of the acts of 2022 is hereby amended by striking out the words “June 1, 2022” and inserting in place thereof the following words:- June 1, 2023.
SECTION 44. Item 4513-1005 of section 2 of chapter 126 of the acts of 2022 is hereby amended by adding the following words:- ; provided further, that not less than $1,000,000 shall be expended for a public awareness campaign to educate providers and the public about crisis pregnancy centers and pregnancy resource centers and the centers’ lack of medical services; provided further, that the campaign shall include information on the availability of providers across the commonwealth that provide legitimate medical and family planning services; provided further, that the campaign shall be linguistically diverse and culturally competent; provided further, that not less than $250,000 shall be expended for Reproductive Equity Now, Inc.’s free abortion legal hotline.
SECTION 45. Item 7004-0108 of said section 2 of said chapter 126 is hereby amended by adding the following words:- ; provided further, that the secretary of housing and economic development may transfer funds between this item and item 7004-0101; and provided further, that the secretary of housing and economic development shall notify the house and senate committees on ways and means not less than 14 days in advance of any such transfer.
SECTION 46. Item 7010-1192 of said section 2 of said chapter 126 is hereby amended by striking out the words “improvements at the Wildwood school” and inserting in place thereof the following words:- school improvements.
SECTION 47. Subsection (b) of section 165 of said chapter 126 is hereby amended by striking out the words “April 15, 2023” and inserting in place thereof the following words:- September 30, 2023.
SECTION 48. Section 168 of said chapter 126 is hereby amended by striking out the words “March 31, 2023r” and inserting in place thereof the following words:- December 31, 2023.
SECTION 49. Subsection (h) of section 60 of chapter 176 of the acts of 2022 is hereby amended by striking the words “March 31, 2023” and inserting in place thereof the following words:- June 30, 2023.
SECTION 50. Section 87 of chapter 177 of the acts of 2022 is hereby amended by striking out the figure “23” and inserting in place thereof the following figure:- 32.
SECTION 51. Item 4403-2001 of section 2A of chapter 268 of the acts of 2022 is hereby amended by striking out the words “for not more than 12 consecutive months”.
SECTION 52. Notwithstanding any general or special law to the contrary, the special legislative commission established in chapter 74 of the acts of 2021 is hereby revived and continued to December 31, 2024. The special commission shall file its findings and recommendations pursuant to said chapter 74 with the clerks of the senate and the house of representatives, the joint committee on children, families and persons with disabilities, the joint committee on housing, the joint committee on education, the joint committee on community development and small businesses, the joint committee on economic development and emerging technologies, the joint committee on public health, the joint committee on racial equity, civil rights, and inclusion and the senate and house committees on ways and means not later than December 31, 2024.
SECTION 53. (a) There shall be a special commission to examine the potential negative environmental and economic impacts caused by the discharge of spent fuel pool water and any materials created as a waste product of nuclear energy from spent fuel pools, including, but not limited to, processed water or any other liquid with elevated levels of radioactivity including, but not limited to, tritium or boron, associated with the decommissioning of any nuclear power plant, into the waters of the commonwealth. For the purposes of this section, “waters of the commonwealth” shall include all waters under the jurisdiction of the division of marine fisheries including, but not limited to, bays, coastal waters, canals, rivers and streams.
(b) The commission shall consist of: the governor or a designee; the attorney general or a designee, who shall serve as co-chair; the secretary of energy and environmental affairs or a designee, who shall serve as co-chair; the senate president or a designee; the speaker of the house of representatives or a designee; the minority leader of the senate or a designee; the minority leader of the house of representatives or a designee; the chairs of the joint committee on environment and natural resources or their designees; the commissioner of environmental protection or a designee; the commissioner of public health or a designee; the executive director of travel and tourism or a designee; and the director of marine fisheries or a designee.
(c) The commission shall: (i) examine and investigate the potential environmental and economic impacts, including impacts to consumer perception of the discharge of spent fuel wastewater on the fishing, aquaculture, tourism and restaurant industries and any other sectors deemed appropriate by the commission; and (ii) make recommendations on measures to mitigate or avoid potential negative impacts on such industries.
(d) The commission shall hold not less than 4 listening sessions, with at least 1 listening session in each of the following counties: Dukes County, Plymouth, Bristol and Barnstable; provided, however, that upon the completion of its report under this section, the commission shall provide a public presentation in those counties. Not later than November 1, 2024, the commission shall file a report on the results of its study with the clerks of the house of representatives and the senate, the joint committee on environment and natural resources, the joint committee on public health, the joint committee on tourism, arts and cultural development, the joint committee on economic development and emerging technologies and the senate and house committees on ways and means.
(e) There shall be no discharge of spent fuel pool water or any materials created as a waste product of nuclear energy from spent fuel pools, including, but not limited to, processed water or any other liquid with elevated levels of radioactivity including, but not limited to, tritium or boron, into the waters of the commonwealth until 90 days after the commission’s report.
SECTION 54. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 3, the state treasurer shall, upon receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $702,300,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face “Commonwealth Economic Revitalization, Community Development and Housing, Act of 2023”, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth. All such bonds shall be payable not later than June 30, 2058. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.
SECTION 55. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 3A, the state treasurer shall, upon receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $8,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face “Commonwealth Economic Revitalization, Community Development and Housing, Act of 2023”, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth. All such bonds shall be payable not later than June 30, 2058. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.
SECTION 56. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 3B, the state treasurer shall, upon receipt of a request by the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, $104,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face “Commonwealth Economic Revitalization, Community Development and Housing, Act of 2023”, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth. All such bonds shall be payable not later than June 30, 2058. All interest and payments on account of principal on such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.
SECTION 57. Sections 15 and 17 shall take effect as of March 31, 2023.
SECTION 58. Sections 18 to 29, inclusive, shall take effect 90 days after the effective date of this act.
SECTION 59. Sections 27 to 29, inclusive, of chapter 222 of the General Laws, as inserted by section 30, shall take effect January 1, 2024.
SECTION 60. Sections 37 shall take effect as of December 31, 2022.
SECTION 61. Section 42 shall take effect as of March 1, 2023.
SECTION 62. Section 43 shall take effect as of June 1, 2022.
SECTION 63. Not later than January 1, 2024: (i) the secretary of the commonwealth shall implement the regulations required by subsections (d), (h) and (l) of section 28 of chapter 222 of the General Laws, as inserted by section 30; and (ii) the chief justice of the land court shall promulgate any rules, orders, guidelines and directives as permitted by subsection (o) of said section 28 of said chapter 22 as inserted by said section 30.
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An Act for Community Institution Stabilization
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S230
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SD1369
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T14:57:45.07'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T14:57:45.07'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S230/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 230) of Vincent Lawrence Dixon for legislation relative to Community Institution Stabilization. Economic Development and Emerging Technologies.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the following new chapter:-
An Act for Community Institution Stabilization.
1.) When an organization, generally viewed as a Community Institution, resolves, and/or decides to dissolve, and/or to dispose of substantial property, one or more individuals, being in good standing, as members, and/or affiliates of such organization, and Community Institution, shall be permitted to have the Right of First Refusal (RFR), regarding the disposition, transition of, and/or alternative programming uses, of certain properties, that are properly viewed as Community Institution Landmarks (CIL).
2.) It is in the public interest to provide, and establish, certain opportunities for stabilizing community institutions, and their memberships.
3.) An important aspect of the unique communities, and vitality of our Commonwealth of Massachusetts, is the presence of particular buildings, churches, and other institutions, with architectural, programmatic, and archival record resources.
4.) As a society changes, various organizations, and structures intersect with many different trends, events, and other circumstances. It is in the public interest, to keep certain physical, often iconic structures, and they often are protected by various historical designations, and/or other opportunities.
5.) Just as certainly, the usages of certain of these structures, provide certain value, and values, to local communities, and it is in the public interest, to allow reasonable change, while encouraging certain aspects of stability. When many changes occur, they are often good ones; but changes often can lead to unfortunate disruptions, and sometimes even social harm.
6.) This statute, is formed, to encourage, certain aspects of transitional bridging, in communities, in ways that strengthen them, even in the midst of significant changes.
7.) Such Community Institution, and/or organization, chartered under the Laws of Massachusetts, and/or in well-recognized operation for at least ten (10) years, shall, when such Right of First Refusal (RFR) , is requested; obtain, and/or assist the obtaining of, a reasonable assessed valuation, determining the value of the property, and/or properties, and also the economic value of particular continuing programming.
8a.) A Community Institution, for the purposes of this statute, is, and may be defined, as a building, such as a school, library, church, or structure which is iconic to many in the community, and has held significant community services, whether educational, cultural, or religious.
8b.) A declaration that a particular structure, and/or organizational programs, constitute a Community Institution, may be made by a municipal body, such as a Board of Selectmen, City Council, Board of Alderman, Town Meeting, Planning Board, or other relevant body; but need not be obtained, if individuals, in good standing, from the Community Institution, have filed a Community Institution Membership Right of First Refusal (RFR), with the local municipal authorities, and the Community Institution.
9.) When such circumstances occur, individuals seeking Right of First Refusal (RFR), may request the appointment of a neutral, non-interested individual, as a Special Community Trustee (SCT), to determine, and facilitate the circumstances, continuing the use of the structure, and/or its alternative potential uses. That Trustee shall have reasonable powers, to provide public hearings, private, and transparent negotiations, and other reasonable roles, to permit the evolution of the programs, and properties, going forward, in a community stabilizing manner.
10.) The Special Community Trustee (SCT) shall, in their considerations, and decisions, prefer reasonable offers, from the Community Institution membership, and/or properly identified members thereof, as long as the funding, financing, and economic viability of any such offer, is verified, and certified. Such decisions, shall be publicly announced, and a written Decision Report, shall be provided by the Special Community Trustee (SCT).
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An Act to protect the health and well-being of child passengers in vehicles
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S2300
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SD2325
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T15:47:48.423'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T15:47:48.4233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2300/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2300) of Bruce E. Tarr for legislation to protect the health and well-being of child passengers in vehicles. Transportation.
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SECTION 1. Section 7AA of chapter 90, as appearing in the 2020 Official Edition, is hereby amended by striking out the second sentence of paragraph 3 and replacing it with the following sentence:-
An operator of a motor vehicle who violates the provisions of this section shall be subject to a fine of not more than one hundred dollars; provided, however, that said one hundred dollar fine shall not apply to an operator of a motor vehicle licensed as a taxi cab not equipped with a child passenger restraint device.
SECTION 2. Section 13A of chapter 90, as appearing in the 2020 Official Edition, is hereby amended by striking out the sentence Any operator of a motor vehicle shall be subject to an additional fine of twenty-five dollars for each person under the age of sixteen and no younger than twelve who is a passenger in said motor vehicle and not wearing a safety belt. and replacing it with the following sentence:-
Any operator of a motor vehicle shall be subject to an additional fine of one hundred dollars for each person under the age of sixteen who is a passenger in said motor vehicle and not wearing a safety belt.
SECTION 3. The registrar, as defined in Section 56 of chapter 6C shall approve driver education information relative to the health and safety risks of unsecured children in vehicles for publication in the Registry of Motor Vehicles' Driver’s Manual.
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An Act establishing speed limits on portions of state highway route 28 and Chickatawbut road in the town of Milton
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S2301
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SD641
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T14:46:51.183'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T14:46:51.1833333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-02-06T16:18:48.6'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-03-10T12:48:18.5'}]
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 2301) of Walter F. Timilty, William J. Driscoll, Jr. and Brandy Fluker Oakley for legislation to establish speed limits on portions of Route 28 and Chickatawbut Road in the town of Milton. Transportation.
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SECTION 1. Notwithstanding the provisions of Chapter 90 of the General Laws, or any other general or special law to the contrary, the motor vehicle speed limit for the approaches to the intersection of state highway route 28 and Chickatawbut road, a department of conservation and recreation park road, in the town of Milton and for the intersection itself shall be 25 miles per hour. The Massachusetts Department of Transportation and the department of conservation and recreation shall post the speed limit and take all actions necessary to implement the established speed limit.
SECTION 2. This act shall take effect upon its passage.
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An Act directing the Massachusetts Bay Transportation Authority to install sound barriers in Quincy and Braintree
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S2302
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SD740
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T10:16:45.357'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T10:16:45.3566667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-18T10:18:09.36'}, {'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-08-25T15:55:52.68'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2302/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 2302) of Walter F. Timilty and John F. Keenan for legislation to direct the Massachusetts Bay Transportation Authority to install sound barriers in Quincy and Braintree. Transportation.
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Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority is hereby directed to conduct a comprehensive sound study along the Red Line extension to Braintree, so-called, from the Neponset River Bridge to the Braintree Red Line Train Station, to determine the ambient noise level, using the background A-weighted sound pressure levels that is exceeded ninety percent of the time measured during equipment operating hours over a minimum of a twenty-four period, less the noise generated by the existing MBTA trains. Said study shall be conducted by an acoustical engineer employed by or on behalf of the MBTA. In those residential areas where the decibel level generated by the Red Line trains exceeds the ambient level by ten or more decibels, the MBTA is hereby ordered and directed to install sound barriers in order to mitigate said noise pollution problems.
Said barriers shall be of a design approved by an acoustical engineer hired by or employed by the Transit Authority. Said design shall then be approved by said Authority and local Board(s) of Health(s) Departments after a public hearing process.
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An Act relative to the expansion of the commuter rail and ferry low-income fare program
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S2303
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SD1204
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:09:50.22'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:09:50.22'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2303/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 2303) of Walter F. Timilty for legislation to expand the commuter rail and ferry low-income fare program. Transportation.
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Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation, in coordination with the Executive Office of Health and Human Services, shall conduct a study of the impacts, benefits, and costs of a low-income fare program for the commuter rail and ferry, that provides reduced or discounted transit fares to qualifying riders between the ages of 25 – 65. The study shall include, but not be limited to, an examination of (i) number of riders who would benefit from the program, (ii) number of riders within each zone who would benefit from the program, (iii) the average reduction of each fare by mode, (iii) overall impact on fare revenue, (iv) models for determining eligibility requirements and the verification method, (v) improved methods for advertising existing reduced fare programs and the potential expansion under this study to the general public. The report shall examine the potential for the Department of Transitional Assistance to inform individuals who qualify for MassHealth that they qualify for reduced fare programs under the Massachusetts Bay Transit Authority. The report shall be filed with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on transportation no later than July 31, 2023.
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An Act relative to protecting residents from hazardous traffic conditions
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S2304
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SD1215
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:09:11.6'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:09:11.6'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2304/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 2304) of Walter F. Timilty for legislation to protect residents from hazardous traffic conditions. Transportation.
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Chapter 21C is hereby amended by inserting after section 12 the following section:-
Section 13. No facility governed by section 150A or 150A1/2 of chapter 111 shall be constructed unless said facility is constructed in a municipality that has direct access to a road designated as an expressway by the Massachusetts Department of Transportation, and no building permit shall be issued for such a facility unless the applicant has demonstrated such direct access.
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An Act relative to expanding the MBTA reduced fare program to include veterans
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S2305
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SD1232
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-19T12:25:08.553'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-19T12:25:08.5533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2305/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 2305) of Walter F. Timilty for legislation to expand the MBTA reduced fare program to include veterans. Transportation.
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Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation, in coordination with the Executive Office of Health and Human Services and the Massachusetts Department of Veterans’ Services, shall conduct a study of the impacts, benefits, and costs of a veterans reduced fare program, that provides reduced or discounted transit fares to qualifying riders. The study shall include, but not be limited to, an examination of (i) number of riders who would benefit from the program, (ii) number of riders who qualify for alternate existing low-income fare programs, including but not limited to the Ride, (iii) the average reduction of each fare by mode, (iii) overall impact on fare revenue, (iv) models for determining eligibility requirements and the verification method, (v) improved methods for advertising existing reduced fare programs and the potential expansion under this study to veterans. The report shall examine the potential for the Department of Veterans’ Services to establish a program to inform individuals who qualify for existing, and the potential expansion under this study, of reduced fare programs under the Massachusetts Bay Transit Authority. The report shall be filed with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on transportation no later than July 31, 2023.
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An Act relative to Purple Heart registration plates
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S2306
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SD196
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T10:43:53.7'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T10:43:53.7'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-05-08T09:37:49.21'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2306) of John C. Velis for legislation relative to Purple Heart registration plates. Transportation.
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Section 2 of Chapter 90 of the general laws are hereby amended by removing the sixteenth paragraph and inserting in its place the following:-
The registrar shall furnish to owners of private passenger motor vehicles who are veterans as defined in said clause Forty-third of said section 7 of said chapter 4 who have been awarded the Order of the Purple Heart and upon evidence deemed satisfactory by the registrar, distinctive registration plates bearing the image of a Purple Heart Medal for any private passenger motor vehicle or motorcycle owned by such Purple Heart recipient. The first set of such registration plates issued to an eligible veteran must be furnished at no charge. The registrar may charge the established registration fee for private passenger motor vehicles or motorcycles for each additional set of registration plates or emblems. A surviving spouse of a deceased recipient of the Order of the Purple Heart may elect to retain such distinctive registration plates for personal use upon payment of the established registration fee for private passenger motor vehicles or motorcycles and an additional annual twenty-dollar fee until such time as such spouse remarries or fails to renew or cancels such registration.
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An Act relative to Chapter 90B vehicle registration
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S2307
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SD1184
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T10:25:22.623'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T10:25:22.6233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2307/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2307) of John C. Velis for legislation relative to Chapter 90B vehicle registration. Transportation.
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SECTION 1. Chapter 90B, Section 20 of the General Laws is hereby amended by inserting at the end of the following section. ''Recreation vehicle'' or ''off-highway vehicle'', any motor vehicle designed or modified for use over unimproved terrain for recreation or pleasure while not being operated on a public way as defined in chapter 90 including, but not limited to, all-terrain vehicles, off-highway motorcycles, dirt bikes, recreation utility vehicles and all registered motor vehicles while not being operated on a public way as defined in said chapter 90; provided, however, that recreation vehicles and off-highway vehicles operated exclusively for agricultural, forestry, lumbering or construction purposes shall not be subject to this chapter and it shall be an affirmative defense that such vehicle was being operated for such purposes at the time of an alleged violation of this chapter. :- “Any motor vehicle legally registered under chapter 90 will not be subject to registration (dual registration) under this chapter but registration numbers shall be displayed as required by said chapter 90.
SECTION 2. 1st paragraph of Section 22 of chapter 90B of the General Laws is hereby amended by striking the words “Provided, however, that the director may exempt a participant of a sanctioned race, rally or event who is not a resident of the commonwealth from the requirements of this section.”
And inserting the following words:- “All participants of a sanctioned race, rally or event that is sanctioned by a bonafide state, regional, national or international sanctioning body shall be exempt from the requirements of this section.”
Chapter 90B, Section 22 of the General Laws is hereby amended by inserting at the end of the 1st paragraph:- “Any motor vehicle legally registered under Chapter 90 will not be subject to registration under this chapter but registration numbers shall be displayed as required by said Chapter 90.”
SECTION 3. Section 21 of said chapter 90B, is hereby amended by striking the words “The director may exempt a participant of a sanctioned race, rally or event who is not a resident of the Commonwealth from the requirements of this section.”
And inserting the following words:- “All participants of a sanctioned race, rally or event that is sanctioned by a bonafide state, regional, national or international sanctioning body shall be exempt from the requirements of this section.
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An Act relative to unmanned aerial vehicles in the Commonwealth
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S2308
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SD2304
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:26:25.207'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T15:26:25.2066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2308/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2308) of John C. Velis for legislation relative to unmanned aerial vehicles in the Commonwealth. Transportation.
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SECTION 1. Chapter 90 of the General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following section:-
Section 63(a). As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
“Drone,” shall mean an unmanned aircraft which is operated remotely without the possibility of direct human intervention from within or on the aircraft.
“Restricted space,” shall mean an airspace within five miles of an airport or as designated by general or special law.
(b) During the personal use of such drone, except as otherwise provided by federal law operates a drone, a person shall not operate said drone: (i) more than four hundred feet above ground level; (ii) weighing more than ten pounds; (iii) without a visual line of sight of such drone; (iv) within a restricted airspace; (v) in a reckless manner wherein such operation creates a risk of harm to the public; or (vi) with the intent to harass or annoy an individual or individuals.
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An Act to honor our veterans who serve as emergency responders
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S2309
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SD170
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T14:01:09.007'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-09T14:01:09.0066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2309/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 2309) of Michael D. Brady for legislation to honor our veterans who serve as emergency responders. Veterans and Federal Affairs.
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SECTION 1. Section 67 of Chapter 33 of the General Laws is hereby amended by adding the following words, in paragraph (G), after the word “achievement medal” every time it appears, by inserting the following:- “commemorative pin for Armed Services members who have dedicated their services to the Commonwealth of Massachusetts”
And further, by adding the following new section:
SECTION XX. The Commonwealth of Massachusetts shall create a commemorative pin that acknowledges the dual sacrifices of our firefighters, Police, Emergency Medical Technicians and Emergency Medical service volunteers who served in the Armed Forces of the United States shall be approved by the art commission for the Commonwealth.
SECTION 2. The Massachusetts Legislature shall pay the cost of producing the commemorative pins subject to adequate appropriations in the FY2023 operating budget.
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An Act updating gateway municipalities
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S231
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SD1866
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T13:59:12.463'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T13:59:12.4633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S231/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 231) of Paul W. Mark for legislation to update the definition of gateway municipalities. Economic Development and Emerging Technologies.
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Chapter 23A of the General Laws is hereby amended in Section 3A by striking out-
"Gateway municipality'', a municipality with a population greater than 35,000 and less than 250,000, a median household income below the commonwealth's average and a rate of educational attainment of a bachelor's degree or above that is below the commonwealth's average.
and inserting the following-
"Gateway municipality'', a municipality with a population greater than 35,000 and less than 250,000, or two or more municipalities forming an inter-municipal agreement for this purpose with a combined population greater than 35,000 and less than 250,000, a median household income below the commonwealth's average and a rate of educational attainment of a bachelor's degree or above that is below the commonwealth's average.
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An Act to modernize property tax abatements for veterans
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S2310
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SD372
| 193
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-13T16:53:35.33'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-13T16:53:35.33'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-28T12:59:47.74'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-28T12:59:47.74'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-25T10:44:14.7233333'}]
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Bill
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By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 2310) of William N. Brownsberger for legislation to modernize property tax abatements for veterans. Veterans and Federal Affairs.
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There shall be established a special commission to study and recommend ways to modernize and increase property tax abatements and exemptions for veterans and surviving spouses available under M.G.L. ch. 59. The study shall include, but not be limited to: (i) a review of the current tax abatements and exemptions for veterans and surviving spouses available under the chapter; (ii) a determination of the relation of tax abatements and exemptions to United States Department of Veterans Affairs disability rating, and; (iii) recommendations to create a system of abatements and exemptions which link United States Department of Veterans Affairs disability rating to abatement and exemption amount.
The commission shall consist of: two persons to be appointed by the Senate President, one of whom shall serve as co-Chair, at least one of whom shall be a veteran; two persons to be appointed by the Speaker of the House of Representatives, one of whom shall serve as co-Chair, at least one of whom shall be a veteran; one person to be appointed by the Minority Leader of the Senate, who shall be a veteran; one person to be appointed by the Minority Leader of the House of Representatives, who shall be a veteran; the Secretary of the Department of Veterans’ Services or a designee; The Adjutant General of the Massachusetts National Guard or a designee; the Director of the United States Department of Veterans Affairs Boston Regional Office or a designee; the Commissioner of the Massachusetts Department of Revenue, or a designee; the Executive Director of the Massachusetts Municipal Association or a designee; the Massachusetts Department Adjutant of the Disabled American Veterans or a designee; the president of the Massachusetts Association of Assessing Officers or a designee; and five persons to be appointed by the Governor, one of whom shall be a Local Veterans Services Officer, one of whom shall be a surviving spouse and no fewer than three of whom shall be veterans.
The commission may solicit input through public hearings and testimony.
The commission shall file a report of its findings and recommendations with the Clerks of the Senate and House of Representatives and the Senate and House Committees on Ways and Means not later than December 1, 2024.
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An Act providing for timely reimbursement of cities and towns for veterans' benefits
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S2311
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SD282
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:00:06.517'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:00:06.5166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2311/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2311) of Joanne M. Comerford for legislation to provide for timely reimbursement of cities and towns for veterans' benefits. Veterans and Federal Affairs.
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The fourth sentence of section 6 of chapter 115 of the General Laws is hereby amended by striking out the words “on or before November tenth in the year after such expenditures” and inserting in place thereof the words:- no later than 6 months after the date on which such expenditures are certified by the commissioner.
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Resolutions enhancing global governance via a strengthened and revised United Nations Charter
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S2312
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SD236
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-12T15:12:38.19'}
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[{'Id': None, 'Name': 'Paul Anderson', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-12T15:19:25.09'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2312/DocumentHistoryActions
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Resolution
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By Mr. Crighton (by request), a petition (accompanied by resolutions, Senate, No. 2312) of Paul Anderson for the adoption of resolutions of the General Court of Massachusetts to the Members of Congress of the United States enhancing global governance via a strengthened and revised United Nations Charter. Veterans and Federal Affairs.
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RESOLUTIONS Memorializing the President and Congress of the United States to call for a conference to review the Charter of the United Nations, and to propose or support amendments which will ensure its transformation into a United Federation of Nations, with powers which, while defined and limited to international affairs, shall be adequate to ensure global tranquility by preserving peace and preventing aggression through the enactment, interpretation and enforcement of world law.
Whereas, the United Nations has failed to save the people of the earth from the scourge of war because of its structural inability to enact and enforce international law; and
Whereas, a revised United Nations Charter must be framed to be of, for and by the PEOPLE; to establish genuine international law and order; to effectively render war, as a means of settling international disputes, illegal and obsolete; and
Whereas, an effective and revised charter must include these essentials of democratic federal government:
A representative and democratic global legislature with authority to enact international law;
An executive, responsible to the legislature, with the authority to enforce international law;
A court system to interpret international law, a system with compulsory jurisdiction to adjudicate disputes between nation-states and individual world citizens;
A Bill of Rights to guarantee the basic rights and civil liberties essential to a democratic republic form of government; now therefore be it
Resolved, that the Massachusetts Senate calls upon the President and Congress of the United States to call for a conference to review the Charter of the United Nations, and to propose or support amendments which will ensure its transformation into a United Federation of Nations, with powers which, while defined and limited to international affairs, shall be adequate to ensure global tranquility by preserving peace and preventing aggression through the enactment, interpretation and enforcement of world law; and be it further
Resolved, that copies of these resolutions be transmitted forthwith by the clerk of the Massachusetts Senate to the President of the United States, to the presiding officer of each branch of Congress and the members thereof from this Commonwealth.
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An Act to establish the Guard enlistment enhancement program
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S2313
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SD859
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T15:03:28.2'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T15:03:28.2'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-29T20:32:57.95'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-01T14:56:16.9766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2313/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 2313) of John J. Cronin, Jacob R. Oliveira and John C. Velis for legislation to establish the Guard enlistment enhancement program. Veterans and Federal Affairs.
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Chapter 33 of the General Laws is hereby amended by inserting after section 139 the following section:
Section 140. There shall be a Guard Enlistment Enhancement Program (GEEP) to support the ongoing domestic operations and the increasing demands upon the members of the Massachusetts National Guard underscoring the need to recruit and retain skilled Soldiers and Airmen. Massachusetts must maintain its National Guard in a robust posture to ensure mission readiness with each unit fully manned to the extent authorized by law. The purpose of the GEEP is to motivate Soldiers, Airmen, and retirees to boost the Massachusetts National Guard's recruitment efforts by using their non-duty hours to recruit new members into the force. As set forth in this section, the Adjutant General of the Massachusetts National Guard shall provide compensation to members of the Massachusetts National Guard and Massachusetts National Guard retirees (collectively, "recruiting assistants") who assist in the recruitment of a new member for the Massachusetts National Guard. Eligible recruiting assistants consist of current service members in the Massachusetts National Guard or Massachusetts National Guard retirees as designated in the GEEP implementation policy maintained by the Massachusetts National Guard. Recruiting assistants rendering assistance pursuant to this section shall be compensated no more than $1,000 for each new or prior service recruit that the recruiting assistant brings into the Massachusetts National Guard. The Massachusetts National Guard shall publish and maintain written policies regarding the execution of the GEEP consistent with the provisions of this section.
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An Act expediting veterans benefits
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S2314
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SD1814
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T08:14:57.873'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T08:14:57.8733333'}, {'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-10-11T09:04:04.42'}]
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 2314) of John J. Cronin for legislation to expedite veterans benefits. Veterans and Federal Affairs.
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SECTION 1. Section 5 of Chapter 115 of the General Laws is hereby amended by striking the first sentence and inserting in place thereof the following:
Veterans’ benefits shall be paid to a veteran or dependents by the Commonwealth; provided, that no benefits shall be paid to a veteran unless he has actually resided in the Commonwealth for 1 day preceding the date of his application for such benefits, nor shall any benefits be paid to any dependent of a veteran unless he has actually resided in the Commonwealth continuously for three years next preceding the date of his application for such benefits, nor unless the veteran of whom he is a dependent has actually resided within the commonwealth continuously for three years next preceding the date of such dependent’s application for such benefits.
SECTION 2. Section 6 of Chapter 115 of the General Laws is hereby stricken in its entirety and replaced by inserting its place the following:
The application for veterans benefits is a function of the Veterans Service Officer in the city or town or district where the veteran or his dependent resides. The Veterans Service Officer is required to certify to the Commonwealth for direct payment to the veteran or dependent receiving the benefit the following information: the names of recipients thereof, the amounts to be paid to or for each applicant, the reasons for granting him such benefits, dates of residence in the Commonwealth, the names of the veterans on account of whose services the benefits were granted, the names, if any, of the companies, regiments, stations, organizations or vessels in which they respectively served, or to which they were appointed, and in which they last served, and the relationship of each dependent to the veteran on the account.
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An Act to modernize chapter 115
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S2315
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SD2188
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T12:33:04.627'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T12:33:04.6266667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-06-08T10:03:01.3133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2315/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 2315) of John J. Cronin for legislation to modernize chapter 115. Veterans and Federal Affairs.
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SECTION 1. Section 1 of chapter 115, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 3, the words ““Commissioner”, commissioner of veterans’ services” and inserting in place thereof the following definitions:-
“Secretary”, Secretary of veterans’ services.
“Commissioner”, commissioner of the City of Boston’s office of veterans’ services.
SECTION 2. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 7 the word “his” and inserting in place thereof, in each instance, the following words:- the veteran’s.
SECTION 3. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 10, 12, and 47 the words “he is” and inserting in place thereof, in each instance, the following words:- they are.
SECTION 4. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 11 the word “himself” and inserting in place thereof, in each instance, the following word:- themself.
SECTION 5. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 36 and 42, the words “he has” and inserting in place thereof, in each instance, the following words:- they have.
SECTION 6. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 11, 24, and 25, the word “his” and inserting in place thereof, in each instance, the following word:- their.
SECTION 7. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 12, the word “he” and inserting in place thereof, in each instance, the following word:- they.
SECTION 8. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 13 the word “is” and inserting in place thereof, in each instance, the following words:- are.
SECTION 9. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 25, the words “he applies” and inserting in place thereof, in each instance, the following words:- they apply.
SECTION 10. Section 1 of chapter 115, as so appearing, is hereby amended by striking out, in line 20, the words “provided, however, that any such person who enters”.
SECTION 11. Section 1 of chapter 115, as so appearing, is hereby amended by striking out, in line 21, the words “the commonwealth solely for the purpose of obtaining benefits under”.
SECTION 12. Section 1 of chapter 115, as so appearing, is hereby amended by striking out, in line 22, the words “this chapter shall not be considered to reside in the commonwealth;”.
SECTION 13. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 27, the words “sanatorium or wayfarer’s lodge,”.
SECTION 14. Section 1 of said chapter 115, as so appearing, is hereby amended by striking out, in line 28 the word “convalescent” and inserting in place thereof the following words:- rehabilitation program.
SECTION 15. Section 1 of said chapter 115, as so appearing, is hereby amended by inserting, in line 52, after the word “Veterans’ agent” the following words:-
Or “Veterans’ Service Officer (VSO)” or “Veterans’ benefits and services officers”
SECTION 16. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 1, 18, 24, 29, 55, 57, 69, 132, 144, and 151, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 17. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 2, 80, and 119, the words “veterans’ agents” and inserting in place thereof, in each instance, the following words:- veterans service officer.
SECTION 18. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 21, 72, and 150, the words “veterans’ agent” and inserting in place thereof, in each instance, the following words:- veterans service officer.
SECTION 19. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 6, 18, 78, and 144 the word “his” and inserting in place thereof, in each instance, the following words:- the secretary’s.
SECTION 20. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 8, 12, 13, 14, 20, 59, 63, 72, 78, 98, 112, 117, 119, 123, 125, 127, 131, 134, and 141, the word “he” and inserting in place thereof, in each instance, the following words:- the secretary.
SECTION 21. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 12, 61, 68, 78, 85, 93, 107, 112, 113 the word “him” and inserting in place thereof, in each instance, the following words:- the secretary.
SECTION 22. The first sentence of paragraph 3 of section 2 of chapter 115, as so appearing, is hereby amended by inserting after the word "towns” the following words:- cities, or regional districts.
SECTION 23. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 74 the word “his” and inserting in place thereof, in each instance, the following words:- the veteran’s.
SECTION 24. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 74 the words “wife or widow” and inserting in place thereof, in each instance, the following words:- spouse or surviving spouse.
SECTION 25. Section 2 of chapter 115, as so appearing, is hereby amended by striking out, in line 21, the word “or”.
SECTION 26. Section 2 of chapter 115, as so appearing, is hereby amended by striking out, in line 22, the words “part-time veterans’ agent”.
SECTION 27. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 23 the words “claimant veterans’ agent or part-time veterans’ agent” and inserting in place thereof the following word:- person.
SECTION 28. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 44 the word “his” and inserting in place thereof, in each instance, the following words:- the person’s.
SECTION 29. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 108, the word “inmates” and inserting in place thereof the following words:- inhabitants.
SECTION 30. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 93 the word “his” and inserting in place thereof, in each instance, the following words:- the recipient or applicant’s.
SECTION 31. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 93, the word “his” and inserting in place thereof, in each instance, the following words:- the recipient or applicant’s.
SECTION 32. Section 2 of chapter 115, as so appearing, is hereby amended by striking out, in line 120, the words “and of the directors of veterans’ services of the”.
SECTION 33. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 121, the words “various cities, towns, and” and inserting in place thereof the following words:- or regional.
SECTION 34. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 122, the word “in” and inserting in place thereof the following word:- on.
SECTION 35. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 146, the word “chairman” and inserting in place thereof the following word:- chairperson.
SECTION 36. Section 2 of said chapter 115, as so appearing, is hereby amended by striking out, in line 147, the word “his” and inserting in place thereof the following words:- the chairperson’s.
SECTION 37. Section 2A of said chapter 115, as appearing, is hereby amended by striking out, in lines 1 and 16, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 38. Section 2A of said chapter 115, as appearing, is hereby amended by striking out, in lines 2, 4, 6, 7, and 11, the words “veterans’ agent” and inserting in place thereof, in each instance, the following words:- veterans service officer.
SECTION 39. Section 2A of chapter 115, as so appearing, is hereby amended by striking out, in line 17, the words “on a petition in”.
SECTION 40. Section 2A of chapter 115, as so appearing, is hereby amended by striking out, in line 18, the word “equity”.
SECTION 41. Section 2B of said chapter 115, as appearing, is hereby amended by striking out, in line 3, the words “status as veterans” and inserting in place thereof following words:- history of military service.
SECTION 42. Section 2B of said chapter 115, as appearing, is hereby amended by striking out, in lines 5 and 6, the word “affairs” and inserting in place thereof, in each instance, the following word:- services.
SECTION 43. Section 2B of said chapter 115, as appearing, is hereby amended by striking out, in lines 6 and 7, the word “his” and inserting in place thereof, in each instance, the following words:- the secretary’s.
SECTION 44. Section 3 of said chapter 115, as appearing, is hereby amended by striking out, in lines 2, 4, 6, 8, 10, and 20 the words “veterans’ agent” and inserting in place thereof, in each instance, the following words:- veterans service officer.
SECTION 45. Section 3 of said chapter 115, as appearing, is hereby amended by striking out, in line 1, the words “except Boston, shall and the selectmen”.
SECTION 46. Section 3 of said chapter 115, as so appearing, is hereby amended by striking out, in line 2, the words “of each town may” and inserting in place thereof the following words:- or town shall.
SECTION 47. The second sentence of section 3 of chapter 115 of the General Laws, as so appearing, is hereby amended by inserting after the word “selectmen” the following words:- form a regional district in accordance with the procedures established by the secretary and.
SECTION 48. Section 3 of said chapter 115, as so appearing, is hereby further amended by striking out, in line 15, the words “his wife or widow” and inserting in place thereof the following words:- the veterans’ spouse, or surviving spouse.
SECTION 49. Section 3 of said chapter 115, as so appearing, is hereby amended by striking out, in line 16, the word “commissioner” and inserting in place thereof the following word:- secretary.
SECTION 50. Section 3 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 17, 22, and 24 the word “him” and inserting in place thereof, in each instance, the following word:- the secretary.
SECTION 51. Section 3 of said chapter 115, as so appearing, is hereby amended by striking out, in line 21, the word “his” and inserting in place thereof the following words:- the veteran’s.
SECTION 52. Section 3 of said chapter 115, as so appearing, is hereby amended by striking out, in line 21, the word “he” and inserting in place thereof the following words:- the veteran.
SECTION 53. The first sentence of section 3A of chapter 115 of the General Laws, as so appearing, is hereby amended by inserting after the word “photostatic” the following words:- or electronic.
SECTION 54. The title of section 3A of chapter 115 of the General Laws, as so appearing, is hereby amended by inserting after the word “photostatic” the following words:- or electronic.
SECTION 55. Section 4 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 3, 4, and 8 the word “his” and inserting in place thereof, in each instance, the following word:- their.
SECTION 56. Section 4 of said chapter 115, as so appearing, is hereby amended by striking out, in line 5, 8, and 11, the word “commissioner” and inserting in place thereof the following word:- secretary.
SECTION 57. Section 4 of said chapter 115, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
Veteran service officer shall complete applications authorized by the department of transitional assistance and division of medical assistance for any veteran, widow and dependent applying for veterans benefits or for medical assistance under chapters one hundred and 117A, one hundred and eighteen, and one hundred and eighteen E if agreed to by an applicant. The veterans agent shall file the application for the veteran if the veteran selects assistance under said chapter one hundred and eighteen E. The application shall be processed through the said departments. Veterans agents shall advise of their entitlement to veterans benefits or benefits from public assistance.
SECTION 58. Section 5 of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 12, 27, 29, 60, 70, 82, 84, 86, 99, and 108 the word “commissioner” and inserting in place thereof the following word:- secretary.
SECTION 59. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 2 and 3, the word “he” and inserting in place thereof, in each instance, the following words:- the veteran.
SECTION 60. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 6 and 9, the words “three years” and inserting in place thereof, in each instance, the following words:- one day.
SECTION 61. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
No veteran who is or shall otherwise be entitled to veterans' benefits shall lose their right thereto by reason of their absence from the commonwealth while receiving hospital treatment, under orders of the United States Veterans' Administration, at any hospital located outside the commonwealth, nor shall the right of their dependents thereto be lost while they are actually receiving such hospital treatment by reason of their absence from the commonwealth to accompany them.
SECTION 62. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 4, 15, and 25, the word “his” and inserting in place thereof, in each instance, the following words:- the veteran.
SECTION 63. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in line 23, the word “himself” and inserting in place thereof, in each instance, the following word:- themself.
SECTION 64. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in line 5, the words “he has” and inserting in place thereof, in each instance, the following words:- they have.
SECTION 65. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 60, 69, and 85 the words “veterans’ agent” and inserting in place thereof, in each instance, the following words:- veterans’ service officer.
SECTION 66. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in line 7, the words “he is” and inserting in place thereof, in each instance, the following words:- they are.
SECTION 67. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 7, 24, 56, 62, 63, 87, and 95, the words “his” and inserting in place thereof, in each instance, the following words:- their.
SECTION 68. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 21, 25, and 71, the words “him” and inserting in place thereof, in each instance, the following word:- them.
SECTION 69. Section 5 of said chapter 115, as so appearing, is hereby amended by striking out, in line 100, the word “him” and inserting in place thereof, in each instance, the following words:- the secretary.
SECTION 70. Section 5A of said chapter 115, as so appearing, is hereby amended by striking out, in lines 5, 20, 25, 42, 48 the words “veterans’ agent” and inserting in place thereof, in each instance, the following words:- veterans’ service officer.
SECTION 71. Section 5A of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 39, 43, 44, 45, 48, and 50, the word “commissioner” and inserting in place thereof the following word:- secretary.
SECTION 72. Section 5A of said chapter 115, as so appearing, is hereby amended by striking out, in line 32, the word “him” and inserting in place thereof, in each instance, the following word:- them.
SECTION 73. Section 5A of said chapter 115, as so appearing, is hereby amended by striking out, in lines 43 and 45, the word “his” and inserting in place thereof, in each instance, the following word:- their.
SECTION 74. Section 6 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 9, 11, 13, and 17, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 75. Section 6 of said chapter 115, as so appearing, is hereby amended by striking out, in line 3, the word “him” and inserting in place thereof, in each instance, the following words:- said applicant.
SECTION 76. Section 6 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 11 and 12, the word “him” and inserting in place thereof, in each instance, the following word:- them.
SECTION 77. Section 6 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 14 and 18, the word “he” and inserting in place thereof, in each instance, the following words:- the secretary.
SECTION 78. Section 6 of said chapter 115, as so appearing, is hereby amended by striking out, in line 12, the words “veterans’ agent” and inserting in place thereof, in each instance, the following words:- veterans’ service officer.
SECTION 79. Section 6A of said chapter 115, as so appearing, is hereby amended by striking out, in line 3, the words “clause forty third of section 7 of chapter 4” and inserting in place thereof, in each instance, the following words:- the 43rd clause, Chapter 4, Section 7.
SECTION 80. Section 6A of said chapter 115, as so appearing, is hereby amended by striking out, in line 28, the word “his” and inserting in place thereof, in each instance, the following words:- the veteran’s.
SECTION 81. Section 7 of said chapter 115, as so appearing, is hereby amended by striking out, in lines 3 and 12, the word “he” and inserting in place thereof, in each instance, the following word:- they.
SECTION 82. Section 7 of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 4 and 13, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 83. Section 7 of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 7 and 16, the word “his” and inserting in place thereof, in each instance, the following word:- their.
SECTION 84. Section 7 of said chapter 115, as so appearing, is hereby further amended by striking out, in line 7, the words “his wife, or his widow” and inserting in place thereof the following words:- their spouse, or their widow.
SECTION 85. Section 8 of chapter 115, as so appearing, is hereby amended by striking out, in lines 24, 25, 26, and 28, the word “commissioner” and inserting in place thereof, in each instance, the following word:- secretary.
SECTION 86. Section 9 of chapter 115, as so appearing, is hereby amended by striking out, in line 26, the word “commissioner” and inserting in place thereof the following word:- secretary.
SECTION 87. Section 10 of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 22 and 29, the word “his” and inserting in place thereof, in each instance, the following word:- their.
SECTION 88. Section 11 of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 2 and 5 and 22, the word “his” and inserting in place thereof, in each instance, the following word:- their.
SECTION 89. Section 12 of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 8, the word “commissioner” and inserting in place thereof the following word:- secretary.
SECTION 90. Section 13 of said chapter 115, as so appearing, is hereby amended by inserting before the first paragraph the following paragraph:-
Said departments shall coordinate with the department of transitional assistance to identify and contact all known veterans receiving public safety net benefits residing in Massachusetts who may be eligible for Chapter 115 benefits. They shall also publish online sub-regulatory guidance and application forms and make publicly available issue notices of action and public information that outline budgeting and benefit calculations.
SECTION 91. Section 14 of said chapter 115, as so appearing, is hereby further amended by striking out, in line 2, the word “commissioner” and inserting in place thereof the following word:- secretary.
SECTION 92. Section 15 of said chapter 115, as so appearing, is hereby amended by striking out, in line 4, the word “he” and inserting in place thereof the following word:- they.
SECTION 93. Section 15 of said chapter 115, as so appearing, is hereby further amended by striking out, in lines 4 and 11, the word “his” and inserting in place thereof, in each instance, the following word:- their.
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[]
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An Act defining "Gold Star families"
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S2316
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SD735
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T09:46:21.29'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T09:46:21.29'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2316/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 2316) of Sal N. DiDomenico for legislation to define "Gold Star families". Veterans and Federal Affairs.
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Section 7 of chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following definitions under the forty third definition:-
"Gold Star parent" shall mean any parent of a member of the armed forces whose death occurred as a result of injury sustained, illness, or disease contracted, not due to gross negligence or misconduct of the member, during active service.
"Gold Star spouse" any spouse of a member of the armed forces whose death occurred as a result of injury sustained, illness, or disease contracted, not due to gross negligence or misconduct of the member, during active service.
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[]
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An Act relative to age restrictions for veterans applying to be police officers and firefighters
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S2317
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SD770
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T22:13:48.167'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T22:13:48.1666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2317/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 2317) of Sal N. DiDomenico for legislation relative to age restrictions for veterans applying to be police officers and firefighters. Veterans and Federal Affairs.
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Section 58A of Chapter 31 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the section in its entirety and inserting in its place thereof the following section:-
Notwithstanding the provisions of any general or special law to the contrary, in any city, town or district that accepts this section, no person shall be eligible to have his name certified for original appointment to the position of firefighter or police officer if such person has reached his thirty-second birthday on the date of the entrance examination.
Notwithstanding the first sentence, a veteran who has not exceeded the maximum age set forth in 10 U.S.C. 505(a) for original enlistment in the Armed Forces of the United States shall be exempt from the age restriction imposed by this section.
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An Act to create equal access to a common application for low-income veterans
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S2318
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SD1530
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T21:45:48.723'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T21:45:48.7233333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-14T21:16:33.82'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T11:40:56.77'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-28T13:48:25.3433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2318/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 2318) of Sal N. DiDomenico for legislation to create equal access to a common application for low-income veterans. Veterans and Federal Affairs.
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Section 18AA of Chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “chapters 117A and 118,” the following words:- "veterans services benefits under Chapter 115 of the General Laws,".
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[]
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[]
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[]
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Resolutions for a United States Constitutional Amendment and a limited amendment proposing convention
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S2319
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SD129
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:08:56.913'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:08:56.9133333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T10:57:27.4133333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-06T09:06:49.7266667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T09:01:12.43'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-06-01T13:04:55.0833333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-07-16T12:13:31.8366667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-07-24T07:04:48.9866667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-07-24T07:04:48.9866667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-08-01T14:53:13.2333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2319/DocumentHistoryActions
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Resolution
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By Mr. Eldridge, a petition (accompanied by resolutions, Senate, No. 2319) of James B. Eldridge, Sal N. DiDomenico, Jason M. Lewis and James K. Hawkins for the adoption of resolutions for a United States Constitutional Amendment and a limited amendment proposing convention. Veterans and Federal Affairs.
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WHEREAS, the 1st President of the United States George Washington stated, “The basis of our political systems is the right of the people to make and to alter their Constitutions of Government."; and
WHEREAS, it was the stated intention of the framers of the Constitution of the United States of America that the Congress of the United States of America should be "dependent on the people alone." (James Madison, Federalist 52); and
WHEREAS, that dependency has evolved from a dependency on the people alone to a dependency on those who spend excessively in elections, through campaigns or third-party groups; and
WHEREAS, the United States Supreme Court ruling in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) removed restrictions on amounts of independent political spending; and
WHEREAS, the removal of those restrictions has resulted in the unjust influence of powerful economic forces, which have supplanted the will of the people by undermining our ability to choose our political leadership, write our own laws, and determine the fate of our state; and
WHEREAS, corporations are artificial entities that governments create and, as such, do not possess the same unalienable rights of natural persons protected by the Constitution; and
WHEREAS, corporations have used a claim to the rights enumerated in the US Constitution, including under the 1st, 4th, 5th and 14th Amendments, to challenge and overturn democratically enacted laws protecting the public interest; and
WHEREAS, Article V of the United States Constitution requires the United States Congress to call a convention for proposing amendments upon application of two-thirds of the legislatures of the several states for the purpose of proposing amendments to the United States Constitution; and
WHEREAS, the Commonwealth of Massachusetts sees the need for a convention to propose amendments in order to address concerns about the integrity of our elections and about the ability of the people to participate in effective self-government, specifically those concerns arising from the United States Supreme Court’s rulings limiting the ability of the legislature to regulate the raising and spending of money in elections and granting constitutional rights to corporations; and desires that said convention should be so limited; and
WHEREAS, the Commonwealth of Massachusetts desires that the delegates to said convention shall be comprised equally from individuals currently elected to state and local office, or be selected by election in each Congressional district for the purpose of serving as delegates, though all individuals elected or appointed to federal office, now or in the past, be prohibited from serving as delegates to the Convention, and intends to retain the ability to restrict or expand the power of its delegates within the limits expressed above; and
WHEREAS, the Commonwealth of Massachusetts intends that this application shall constitute a continuing application, considered together with applications on this subject such as those passed in the 2013-2014 Vermont legislature as R454, the 2013-2014 California legislature as Resolution Chapter 77, the 98th Illinois General Assembly as SJR 42, the 2014-2015 New Jersey legislature as SCR 132, the 2015-2016 Rhode Island legislature as HR 7670 and SR 2589, and all other passed, pending, and future applications, the aforementioned concerns of Massachusetts notwithstanding until such time as two-thirds of the Several States have applied for a Convention and said Convention is convened by Congress;
Therefore, BE IT RESOLVED by the Legislature of the Commonwealth of Massachusetts that it calls on Congress to propose an amendment to the Constitution that would affirm that (a) the rights protected by the Constitution of the United States are the rights of natural persons, i.e. human individuals, only and (b) Congress and the states shall place limits on political contributions and expenditures to ensure that all citizens have access to the political process, and the spending of money to influence elections is not protected free speech under the First Amendment; and
Be it further Resolved, that if Congress does not propose this constitutional amendment within 6 months of the passage of this bill, then this bill constitutes a petition by the Commonwealth of Massachusetts, speaking through its legislature, and pursuant to Article V of the United States Constitution, to the Congress to call a limited Convention for the exclusive purpose of proposing Amendments, as prescribed previously herein, to the Constitution of the United States of America addressing, inter alia, concerns raised by Citizens United v. FEC, McCutcheon v. FEC and related decisions, as soon as two-thirds of the several States have applied for a Convention; and
Be it further Resolved, that this petition shall not be considered by the U.S. Congress until 33 other states submit petitions for the same purpose as proposed by Massachusetts in this resolution and unless the Congress determines that the scope of amendments to the Constitution of the United States considered by the convention shall be limited to the same purpose requested by Massachusetts; and
Be it further Resolved, that the Clerk of the Massachusetts House of Representatives and Clerk of the Senate transmit copies of this resolution to the President and Vice President of the United States and addressed to him at the legislative office which he maintains in Suite No. S-212 of the United States Capitol Building, the Speaker of the United States House of Representatives, the Minority Leader of the United States House of Representatives, the President Pro Tempore of the United States Senate, to each Senator and Representative from Massachusetts in the Congress of the United States, to the Governor of each State, and to the presiding officers of each legislative body of each of the several States, requesting the cooperation of the several States in issuing an application compelling Congress to call a convention for proposing amendments pursuant to Article V of the United States Constitution.
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[]
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[]
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An Act to provide direct investment for job creation and business expansion in rural communities
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S232
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SD1920
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T15:43:43.2'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T15:43:43.2'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S232/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 232) of Paul W. Mark for legislation to provide direct investment for job creation and business expansion in rural communities. Economic Development and Emerging Technologies.
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Chapter 6A of the General Laws is hereby amended by adding the following subsection in Section 16G:-
(o.) The secretary of housing and economic development shall, in consultation with the Rural Policy Advisory Commission, establish a rural development initiative to be administered by the executive office through a contract with the Massachusetts Development Finance Agency established by section 2 of chapter 23G. The initiative will provide technical assistance to identify and implement strategies that will spur direct investment in rural communities to create jobs and expand businesses, identify cross-sector partnerships, accelerate the engagement of community members in actionable planning, and implement local economic development initiatives.
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[]
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[]
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[]
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An Act expanding the National Guard welcome home veterans' bonus to all deployed members
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S2320
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SD2358
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-18T10:51:29.48'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-18T10:51:29.48'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-07T13:14:00.4633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2320/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 2320) of Ryan C. Fattman and Steven S. Howitt for legislation to expand the National Guard welcome home veterans' bonus to all deployed members. Veterans and Federal Affairs.
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Section 78 of chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 23, after the word “service” the following words:- or if called to active service as a current member of the Massachusetts National Guard or an Armed Forces Reserve Component of a Massachusetts based unit.
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[]
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[]
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[]
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An Act excluding Chapter 115 payments to veterans from gross household income calculation
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S2321
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SD1667
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T18:41:07.597'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T18:41:07.5966667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-06T15:06:10.53'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-16T14:04:30.93'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T16:30:20.76'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2321/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2321) of Paul R. Feeney, Sal N. DiDomenico and Steven S. Howitt for legislation to exclude Chapter 115 payments to veterans from gross household income calculation. Veterans and Federal Affairs.
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SECTION 1. Notwithstanding Section 5, Part 1, Chapter 115 of the General Laws or any other general or special law to the contrary, and in order to promote the public good, payments received by veterans as reimbursement for out-of-pocket health care costs shall be added to the list of Exclusions listed in 760 CMR 6.05 (3) Exclusions from Gross Household Income.
SECTION 2. This act shall take effect upon its passage.
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