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An Act relative to reservists with service-connected disabilities
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S2322
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SD1310
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T19:12:12.01'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T19:12:12.01'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 2322) of Barry R. Finegold for legislation relative to reservists with service-connected disabilities. Veterans and Federal Affairs.
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SECTION 1. Section 6A of chapter 115 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
As used in this section and in sections 6B and 6C of this chapter, the term “reservist'' shall mean a person who has served not less than 180 days in the Marine, Army, Air Force or Coast Guard reserves and who is a resident of the commonwealth.
SECTION 2. Section 6B of said chapter 115, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-
A reservist who has suffered a service-connected disability shall be paid $2,000 annually in 2 equal payments on August 1 and February 1. The parents and surviving spouse, provided that surviving spouse does not remarry, of a reservist who suffered a service-connected death shall be paid $2,000 annually in 2 equal payments on August 1 and February 1.
SECTION 3. Section 6C of said chapter 115, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “six B” and inserting in place thereof the following words:- 6B, or the reservist has suffered a service-connected disability under said section 6B.
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An Act establishing a commission on Post Traumatic Stress Disorder
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S2323
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SD1425
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T18:33:08.237'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T18:33:08.2366667'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 2323) of Barry R. Finegold for legislation to establish a commission on Post Traumatic Stress Disorder. Veterans and Federal Affairs.
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Chapter 6A of the General Laws is hereby amended by inserting after section 104 the following section:-
Section 105. (a) Notwithstanding any general or special law to the contrary, the executive office of health and human services shall establish a Post-Traumatic Stress Disorder Commission. The commission shall consist of:
(i) the secretary of the executive office of health and human services, or a designee, who shall serve as chair;
(ii) the secretary of the executive office of public safety and security, or a designee;
(iii) the commissioner of the department of mental health, or a designee;
(iv) the house and senate chairs of the joint committee on mental health, substance use and recovery; and
(v) 20 persons to be appointed by the secretary of the executive office of health and human services, of whom:
(A) 2 shall be experts in the field, 1 from Massachusetts General Hospital and 1 from Harvard University's PTSD Research Laboratory in consultation with their relevant specialty chapters;
(B) 1 shall be a representative from the department of veterans' services or a designee;
(C) 1 shall be a representative of the American Legion Department of Massachusetts;
(D) 1 shall be a representative of the Veterans of Foreign Wars Department of Massachusetts;
(E) 1 shall be a representative of the Federal Veterans Administration;
(F) 1 shall be a representative of the department of children and families;
(G) 1 shall be a representative of Boston Children's Hospital;
(H) 1 shall be a representative of the New England Police Benevolent Association;
(I) 1 shall be a representative of the Massachusetts Police Association;
(J) 1 shall be a representative of Jane Doe, Inc.;
(K) 1 shall be representative from Massachusetts Immigrant and Refugee Advocacy Coalition;
(L) 1 shall be a representative of Professional Fire Fighters of Massachusetts;
(M) 1 shall be a representative of an emergency medical services program;
(N) 3 shall be representatives of a research advocacy or support organization primarily serving individuals with PTSD;
(O) 1 shall be a representative of the National Guard and appointed by the adjutant general of the Massachusetts National Guard;
(P) 1 shall be appointed from Massachusetts General Hospital Home Base program; and
(Q) 1 shall be appointed by the Massachusetts Corrections Officers Federated Union.
(b) The Commission shall:
(i) develop and biennially update a summary of the advances made in research on and treatment and diagnosis of Post Traumatic Stress Disorder;
(ii) develop and biennially update a summary of the advances made in access to care for individuals with a diagnosis of Post Traumatic Stress Disorder;
(iii) monitor Post Traumatic Stress Disorder research services and support activities across the commonwealth, including coordination of the commonwealth's activities and programs with respect to Post Traumatic Stress Disorder;
(iv) develop and annually update a comprehensive strategic plan to improve health outcomes for individuals with a diagnosis of Post Traumatic Stress Disorder including, but not limited to, recommendations to:
(1) advance research on Post Traumatic Stress Disorder;
(2) improve the treatment of Post Traumatic Stress Disorder;
(3) improve public awareness and recognition of Post Traumatic Stress Disorder;
(4) improve mental health care delivery for individuals with a diagnosis of Post Traumatic Stress Disorder;
(5) improve the early and accurate diagnosis of Post Traumatic Stress Disorder; and
(6) systematically advance the full spectrum of biomedical research on Post Traumatic Stress Disorder; and
(v) develop and biennially update the progress made in implementing such comprehensive strategic plan.
(c) The Commission shall submit its recommendations to the governor and the clerks of the house of representatives and senate biennially on or before January 31st of the second year of the legislative session.
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An Act relative to headstones for long-serving or perished members of the Massachusetts National Guard
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S2324
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SD1952
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-20T11:04:08.16'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-20T11:04:08.16'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-30T15:44:07.6733333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-01T13:33:28.5333333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-07T15:57:27.3066667'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2324) of Anne M. Gobi, Jacob R. Oliveira, John C. Velis and Steven S. Howitt for legislation relative to headstones for long-serving or perished members of the Massachusetts National Guard. Veterans and Federal Affairs.
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Chapter 115 of the General Laws is hereby amended by inserting after section 9 the following section:-
SECTION 9A. The commission of veteran’s service shall furnish upon request headstones for deceased members of the Massachusetts National Guard who served 10 years or more or for those who have perished while performing their duties while in service of the Massachusetts National Guard. Such headstones shall be similar to those furnished by the U.S. Department of Veterans Affairs.
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An Act providing for prisoners of war
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S2325
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SD905
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-18T16:20:54.887'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-18T16:20:54.8866667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-18T16:21:29.2766667'}]
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 2325) of Adam Gomez and Adam Scanlon for legislation to provide for prisoners of war. Veterans and Federal Affairs.
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SECTION 1. Section 2 of chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
(R) income received by a prisoner of war, defined as a person having been regularly appointed, enrolled, enlisted or inducted into the military forces of the United States and having been captured, separated and incarcerated by an enemy of the United States during an armed conflict; and provided further, that the exemption pursuant to this paragraph shall be allowed for the lifetime of the prisoner of war.
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Resolutions condemning political oppression and encouraging free and fair elections in Cambodia
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S2326
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SD2109
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:28:11.617'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:28:11.6166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-20T13:39:02.8066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2326/DocumentHistoryActions
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Resolution
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By Mr. Kennedy, a petition (accompanied by resolutions, Senate, No. 2326) of Edward J. Kennedy and Vanna Howard for the adoption of resolutions to condemn political oppression and encouraging free and fair elections in Cambodia. Veterans and Federal Affairs.
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WHEREAS free and fair elections are a vital component of a democratic state in the protection of the liberty and human rights of its citizenship; and
WHEREAS the Paris Peace Accords of 1991, signed by the United States and 19 other nations, sought to resolve political conflict and turmoil in Cambodia by setting forth the right to self-determination of its people through free and fair elections; and
WHEREAS significant expenditures in the form of international aid have been made in order to promote a pluralistic, multi-party democratic system in Cambodia; and
WHEREAS Prime Minister Hun Sen has been in power in Cambodia since 1985 and has been using his absolute power to consolidate authority over the nation’s government, granting control of every state agency and security apparatus including the country's Supreme Court to the ruling Cambodia People’s Party (CPP); and
WHEREAS each of the five elections held in Cambodia for the office of Prime Minister since 1991 have been marked by fraud, voter intimidation, and the misuse of legal mechanisms by the government to suppress support for opposition candidates and parties, and have thereby not been free nor fair; and
WHEREAS the government of Cambodia has engaged in oppressive tactics aimed at limiting conditions that are intrinsic to a democratic state including the restriction of its media environment by ordering radio stations to cease operations and by arresting journalists; and
WHEREAS in efforts to repress viable political challenges, the government of Cambodia has dissolved the biggest and only viable rival party, the Cambodia National Rescue Party (CNRP), and has arrested said party’s President, Kem Sokha, on politically motivated charges; and
WHEREAS the Commonwealth of Massachusetts has been enriched by its significant population of Cambodian American people, many of whom entered the United States as refugees or as asylum seekers escaping genocide and from conditions that demonstrate the humanitarian hardships posed by the absence of democracy; and
WHEREAS the United States has a responsibility to take action in order to prevent the undermining of democracy around the globe;
THEREFORE, BE IT RESOLVED that the Legislature calls upon the Congress, the President and the Vice President of the United States to support and enact legislation and further request that Cambodia adopt the recent recommendations by the United Nations Special Rapporteur of Human Rights in Cambodia in order to promote democracy and prevent the further erosion of human rights in Cambodia, including the Cambodia Democracy Act of 2019 and the Cambodian Trade Act of 2019; and
THEREFORE, BE IT FURTHER RESOLVED that the Legislature transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each Senator and Representative from Massachusetts in the Congress of the United States.
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An Act relative to waiving education requirements for skilled veterans to be LPNs
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S2327
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SD934
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T13:36:01.373'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T13:36:01.3733333'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2327) of Jason M. Lewis for legislation relative to waiving education requirements for skilled veterans to be LPNs. Veterans and Federal Affairs.
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SECTION 1. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section 76B the following section:-
Section 76C. The board of registration in nursing shall create a waiver program for military personnel who satisfactorily complete medical training offered through the military so that they may sit for the licensed practical nursing certification without the need to graduate from an approved practical nursing program.
SECTION 2. The department of public health shall promulgate regulations no later than January 1, 2024.
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An Act relative to reimbursement for annual training for armed forces members
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S2328
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SD1021
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:55:54.003'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:55:54.0033333'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2328) of Jason M. Lewis for legislation to reimburse for annual training for armed forces members. Veterans and Federal Affairs.
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Section 59 of chapter 33 of the General Laws is hereby amended by striking subsection (a) and inserting in place thereof the following:-
(a) An employee of the commonwealth in the service of the armed forces of the commonwealth or a reserve component of the armed forces of the United States shall be entitled to receive pay without loss of ordinary remuneration as a public employee, and shall be fully paid by the public employer, during service in the uniformed services, annual training or drills and parades under section 61, not exceeding 34 days in any state fiscal year and not exceeding 17 days in any federal fiscal year, and shall not lose any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime. For the purposes of this section, "uniformed services'' shall have the same meaning as defined in section 13.
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An Act relative to COLA adjustments for veteran benefits
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S2329
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SD1022
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:57:22.887'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:57:22.8866667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-09-12T12:16:37.9366667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-09-20T09:35:53.73'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2329) of Jason M. Lewis for legislation relative to COLA adjustments for veteran benefits. Veterans and Federal Affairs.
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Chapter 59 of the General Laws is hereby amended by inserting the following:-
Section 5½. All benefits pursuant to section 5 of this chapter shall be adjusted annually according the average cost of living adjustment in the commonwealth.
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An Act relative to the Rural Policy Advisory Commission
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S233
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SD1922
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:06:26.537'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-19T14:06:26.5366667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T13:56:01.52'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-21T15:10:43.12'}]
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Bill
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By Mr. Mark, a petition (accompanied by bill, Senate, No. 233) of Paul W. Mark, Anne M. Gobi and John Barrett, III for legislation relative to the Rural Policy Advisory Commission. Economic Development and Emerging Technologies.
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SECTION 1. Chapter 23A of the General Laws is hereby amended by striking out section 66, and inserting in place thereof the following section:-
Section 66. Rural policy advisory commission; members; powers and duties; meetings; annual report
(a) There shall be a rural policy advisory commission within, but not subject to the supervision or control of, the executive office of housing and economic development. The mission of the commission shall be to enhance the economic vitality of rural communities, defined as municipalities with population densities of less than 500 persons per square mile, and to advance the health and well-being of rural residents.
(b) The commission shall consist of the following 15 members: the speaker of the house of representative, ex officio, or a designee; the president of the senate, ex officio, or a designee; the secretary of housing and economic development, ex officio, or a designee; twelve persons to be appointed by the governor, one of whom shall be from the Berkshire regional planning commission, one of whom shall be from the Cape Cod Commission, one of whom shall be from the central Massachusetts regional planning district commission, one of whom shall be from the Franklin Regional Council of Governments, one of whom shall be from the Martha’s Vineyard commission, one of whom shall be from the Montachusett regional planning commission, one of whom shall be from the Nantucket Planning and Economic Development Commission, one of whom shall be from the Pioneer Valley Planning Commission, and one of whom shall be from the Southeastern Regional Planning and Economic Development District. Commission members shall be persons with demonstrated interests and experience in advancing the interests of rural residents.
(c) Members of the commission shall be appointed to staggered three-year terms, with the terms of five members expiring each year. Members shall serve terms of three years and until their successors are appointed. Vacancies in the membership of the commission shall be filled for the balance of an unexpired term. Members may serve a maximum of three consecutive terms or nine consecutive years. The commission shall elect from among its members a chair, vice chair, treasurer, and any other officers it considers necessary. The members of the commission shall receive no compensation for their services but shall be reimbursed for any unusual and customary expenses incurred in the performance of their duties. Members shall be considered special state employees for the purposes of chapter 268A.
(d) The commission shall serve as a research body for issues critical to the welfare and vitality of rural communities and shall: (i) study, review and report on the status of rural communities and residents in the commonwealth; (ii) advise the general court and the executive branch of the impact of existing and proposed state laws, policies and regulations on rural communities; (iii) advance legislative and policy solutions that address rural needs; (iv) advocate to ensure that rural communities receive a fair share of state investment; (v) promote collaboration among rural communities to improve efficiency in the delivery of services; and (vi) develop and support new leadership in rural communities. The executive office shall provide the commission with adequate office space and any research, analysis, or other staff support that the commission reasonably requires.
(e) The commission shall meet on a quarterly basis at the discretion of the chair. Meeting locations shall rotate between the rural regions of Massachusetts. Meetings shall be open to the public pursuant to sections 18 to 25, inclusive, or chapter 30A.
(f) The commission may accept and solicit funds, including any gifts, donations, grants, bequests or any federal funds for any of the purposes of this section. The funds shall be deposited in a separate account with the state treasurer, shall be received by the state treasurer on behalf of the Commonwealth, and shall be expended by the commission under the law.
(g) The commission may request from all state agencies such information and assistance as the commission may require.
(h) The commission shall annually, not later than June 2, report the results of its finding and activities of the preceding year and its recommendations to the governor and to the clerks of the senate and the house of representatives who shall forward the same to the joint committee on economic development and emerging technologies.
SECTION 2. Said chapter 23A of the General Laws, as so appearing, is hereby further amended by inserting after section 66 the following new section:-
Section 66A. Office of Rural Policy
(a) The rural policy advisory commission shall oversee a state agency known as the Commonwealth Office of Rural Policy. The office shall be established within the executive office for housing and economic development, but not under its control. The office shall be an independent public entity not subject to the supervision and control of any other executive office, department, commission, board, bureau, agency, or political subdivision of the Commonwealth. The mission of said office shall be to enhance the economic vitality of rural communities, defined as municipalities with a population density of fewer than 500 persons per square mile, and to advance the health and well-being of rural residents.
(b) The office shall serve as a research and policy clearinghouse for issues critical to the welfare and vitality of rural communities, including but not limited to, economic development, education, environment, health, housing, infrastructure, technology, and transportation. In furtherance of that responsibility, the office shall work in coordination with and under the direction of the rural policy advisory commission.
(c) The powers of the office shall include but not be limited to the following: (i) to use such voluntary and uncompensated services of private individuals, agencies, and organizations as may from time to time be offered and needed; (ii) to recommend policies and make recommendations to agencies and officers of the state and local subdivisions of government to effectuate and the purposes of this section; (iii) to select an executive director and to acquire adequate staff to perform its duties, subject to appropriation; (iv) to establish and maintain such offices as it may deem necessary, subject to appropriation; (v) to enact bylaws for its own governance; and (vi) to hold regular, public meetings and to hold fact-finding hearings and other public forums as deemed necessary.
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An Act relative to public employee benefits for military service members on active duty
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S2330
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SD1023
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:58:22.39'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T10:58:22.39'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-12T15:30:41.85'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2330) of Jason M. Lewis for legislation relative to public employee benefits for military service members on active duty. Veterans and Federal Affairs.
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Section 100A of chapter 32 of the General Laws is hereby amended by adding the following subsection:-
(k) This section shall apply to men and women who die on active duty whether combat related or not.
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An Act relative to reimbursement to armed service members
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S2331
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SD1024
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T11:01:23.777'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-12T11:01:23.7766667'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2331) of Jason M. Lewis for legislation relative to reimbursement to armed service members. Veterans and Federal Affairs.
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Section 59 of chapter 33 of the General Laws is hereby amended by striking subsection (e) and inserting in place thereof the following:-
(e) An employee of a county, city or town which shall be entitled to the benefits and protections of this section or the benefits of the accepted earlier law.
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Resolutions memorializing the Massachusetts Delegation, and the United States Congress, on the need for official, and general support of a Federal ERA, suitably amending The Constitution of The United States, and encouraging public education regarding this subject matter
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S2332
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SD1454
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T16:32:13.97'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:32:13.97'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2332/DocumentHistoryActions
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Resolution
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By Mr. Lewis (by request), a petition (accompanied by resolutions, Senate, No. 2332) of Vincent Lawrence Dixon for the adoption of resolutions to memorialize the Massachusetts Delegation, and the United States Congress, on the need for official, and general support of a Federal ERA, suitably amending The Constitution of The United States, and encouraging public education regarding this subject matter. Veterans and Federal Affairs.
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the Great and General Court of Massachusetts, hereby Resolves that we officially support, and generally support, the adoption of a Federal Equal Rights Amendment (ERA) to The United States Constitution.
Since the formal adoption of the Equal Rights Amendment to the Massachusetts Constitution, in 1976, general public opinion, and legal circumstance(s), have generally found that this was a good expansion of full rights, to an expanded portion of the population, of our Commonwealth.
It is in the interests of respecting a widened sweep of rights for our population, and particularly across the states of The United States, keeping peaceful, social, and legal freedoms, and expanding those freedoms, and their appropriate legal evolution, that The United States Constitution should include such rights, in specific language. Massachusetts wishes to go on record, as supporting such efforts.
Massachusetts as a leader, in The United States; and The United States as a leader in the World, would benefit, by both strong support, and significant public education, on the values, and benefits of this Federal Equal Rights Amendment (ERA).
This legislation authorizes, significant, and sufficient notification of Congressional, and other Federal authorities, and others; and such appropriate public education, and publicity, as is appropriate; such needed authority, residing in the Office of the Secretary of State, of The Commonwealth.
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Resolutions memorializing the Massachusetts Delegation, and the United States Congress, on the need for general support of NATO, and public education regarding this subject matter
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S2333
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SD1457
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T16:33:59.873'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:33:59.8733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2333/DocumentHistoryActions
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Resolution
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By Mr. Lewis (by request), a petition (accompanied by resolutions, Senate, No. 2333) of Vincent Lawrence Dixon for the adoption of resolutions to memorialize the Massachusetts Delegation, and the United States Congress, on the need for general support of NATO, and public education regarding this subject matter. Veterans and Federal Affairs.
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the Great and General Court of Massachusetts, hereby Resolves that we generally support, the long-established membership of The United States, as a member state, of NATO, the North Atlantic Treaty Organization. Since its founding in 1949, it has grown, helped to secure the peace of the North Atlantic, and much of Europe, and expanded freedom across many countries.
Many of our NATO allies, have fought together with us, in recent, and ongoing conflicts, and have provided significant assistance to us, in our ongoing war against terrorism.
It is in the interests of keeping peace, and expanding freedom, that The United States remain active, and supportive of NATO, and Massachusetts wishes to go on record, as supporting those efforts.
Massachusetts as a leader, in The United States, and The United States as a leader in The North Atlantic Community, would benefit, by both strong support, and significant public education, on the values, and benefits of this membership, and its role in our lives.
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Resolutions memorializing the Massachusetts Delegation, and the United States Congress, on the need for a Syrian War Crimes Tribunal
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S2334
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SD1461
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T16:35:31.973'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:35:31.9733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2334/DocumentHistoryActions
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Resolution
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By Mr. Lewis (by request), a petition (accompanied by resolutions, Senate, No. 2334) of Vincent Lawrence Dixon for the adoption of resolutions to memorialize the Massachusetts Delegation, and the United States Congress, on the need for a Syrian War Crimes Tribunal. Veterans and Federal Affairs.
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that the Great and General Court of Massachusetts, recognizing the great humanitarian catastrophe in Syria, and the concern of so many, for the people suffering from that, memorializes the Massachusetts delegation to Congress, and The United States Congress, on the need for a Syrian War Crimes Tribunal, of the International Criminal Court.
In recent years, tens of thousands of Syrians have been brutally slaughtered, and millions forced to flee, and become refugees, straining the resources of the rest of the world, and simply crying out for forms of justice.
Massachusetts calls upon Congress, to seek appropriate actions, that will lead to the convening of a Syrian War Crimes Tribunal, of the International Criminal Court, so that the war crimes, and crimes against humanity, may be investigated, and individuals deciding to, and carrying out such crimes, be brought to justice, by arrest, and proper trial.
The Great and General Court, supports publicity, and sound information, in accomplishing these goals.
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An Act to establish the Massachusetts National Guard Museum in Salem
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S2335
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SD1976
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T11:20:48.74'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-20T11:20:48.74'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-08T11:55:47.57'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-08T11:55:47.57'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2335/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 2335) of Joan B. Lovely, John C. Velis and Steven S. Howitt for legislation to establish the Massachusetts National Guard Museum in Salem. Veterans and Federal Affairs.
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Chapter 33 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section 139, the following section:-
Section 140. There shall be a permanent museum for the Massachusetts National Guard located in the City of Salem as the federal birthplace of the National Guard. Furthermore, it shall be recognized as the official military museum for the commonwealth of Massachusetts.
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An Act relative to the military family advocacy program, domestic violence and child abuse and neglect
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S2336
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SD1740
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:46:40.36'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:46:40.36'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:59:24.7033333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-22T10:31:36.9'}]
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 2336) of Susan L. Moran, Michael O. Moore and Anne M. Gobi for legislation relative to the military family advocacy program, domestic violence and child abuse and neglect. Veterans and Federal Affairs.
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SECTION 1. Section 51B of chapter 119 of the Generals Laws, as appearing in the 2020 Official Edition, is hereby amended by adding, after subsection (r), the following subsection:-
(s) If a report is accepted as a credible allegation of domestic abuse or child abuse or neglect as defined by the department of children and families, the department shall collect information concerning the military status of the spouse, intimate partner, parent or guardian of the child who is the subject of the report and shall share information about the allegation with the appropriate military authorities in accordance with the memorandum of understanding described in section 51D.
SECTION 2. Section 51D of said chapter 119, as so appearing, is hereby amended by adding, after the last paragraph, the following paragraph:-
Each area director shall, on behalf of the department, enter into a memorandum of understanding with the military family advocacy program at a local military installation with respect to child abuse and neglect investigations. For the purposes of this section, "military family advocacy program" shall mean the program established by the United States Department of Defense to address child abuse and neglect in military families. Such memorandum of understanding shall establish procedures and protocols for matters including, but not limited to, (a) identifying an individual credibly alleged to have committed abuse or neglect as military personnel; (b) identifying appropriate circumstances for reporting to the military family advocacy program without reducing likelihood of reporting or creating undue risk to the health or wellbeing of the spouse, intimate partner, or child; (c) reporting to a military family advocacy program when an investigation implicating military personnel has been initiated; and (d) maintaining confidentiality requirements under state and federal law.
SECTION 3. This act shall take effect immediately.
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An Act promoting fairness and transparency of organizations supporting military personnel and families
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S2337
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SD1741
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:48:56.233'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:48:56.2333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2337/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 2337) of Susan L. Moran for legislation to promote fairness and transparency of organizations supporting military personnel and families. Veterans and Federal Affairs.
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SECTION 1. Chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is amended by striking out section 35CC and inserting in place thereof the following section:-
Section 35CC. There shall be an expendable trust, to be known as the Massachusetts Military Family Relief Fund, the purpose of which is to help members of the Massachusetts National Guard and Massachusetts residents who are members of the reserves of the armed forces of the United States and who were called to active duty after September 11, 2001, and their families, to defray the costs of food, housing, utilities, medical services, and other expenses. The fund shall consist of revenues received by the commonwealth under the provisions of section 6K of chapter 62, from public and private sources as gifts, grants, and donations to further the purposes of the fund. Revenues credited to the fund under this section shall remain in the fund, not subject to appropriation, for application to those purposes. The state treasurer shall not deposit the revenues in, or transfer the revenues to, the General Fund or any other fund other than the Massachusetts Military Family Relief Fund. The state treasurer shall deposit monies in the fund in accordance with sections 34 and 34A of chapter 29 in such manner as will secure the highest interest rate available consistent with safety of the fund and with the requirement that all amounts on deposit be available for immediate withdrawal at any time. Revenues received for the Military Family Relief Fund shall be directly paid to qualified organizations as established by Section 13 of chapter 130 of the acts of 2005 by the military division through the established expendable trust.
SECTION 2. Chapter 130 of the acts of 2005 is hereby amended by striking out sections 13 through 15 and inserting in place thereof the following sections:-
Section 13. Notwithstanding any general or special law to the contrary, the Secretary of Veterans’ Services shall, on January 1, 2024 and every 2nd calendar year thereafter, procure and award the administration of the grant program to qualified non-profit organizations, hereafter referred to as the awarded organizations, in equal apportionments. The awarded organizations shall be principally focused on providing aid to Massachusetts military service members and their families, and shall be headquartered in the Commonwealth. The military division shall make available the revenues received from the Military Family Relief Fund after designation by the Secretary of Veterans’ Services, and grants from the Massachusetts Military Family Relief Fund shall be made to a member or to families of persons who are members of the Massachusetts National Guard or Massachusetts residents who are members of the reserves of the armed forces of the United States and who were called to active duty after September 11, 2001.
The awarded organizations shall promulgate rules and regulations to establish eligibility requirements for assistance under this section which shall be reviewed by the military division. In developing rules and regulations, said awarded organizations shall consult with the military division, military support groups, including, but not limited to, the Family Assistance Fund and family assistance centers.”
Section 14. (a) The awarded organizations shall submit an annual report to the secretary of Veterans’ Services and the house and senate committees on ways and means detailing:-
(1) the expenditure of the funds including the amount of assistance provided from the fund by branch of service, regular or reserve duty classification, amount of individual assistance provided, the reason that qualified a member of the military or the member's family for assistance and the balance remaining within the interest income account for future disbursements;
(2) the name, address, rank and rating, branch of service, deployment location and amounts of financial assistance provided to each eligible military member and to the member's family.
(b) The information provided pursuant to clause (1) of subsection (a) shall be public records. The information provided pursuant to paragraph 2 of subsection (a) shall be confidential and shall be available for inspection only by the secretary of administration and finance and the general court. Names, addresses and deployment locations shall not be in any report available for public access. The secretary of administration and finance and the legislators with legal access to the report shall be required to hold names, addresses and deployment locations confidential.
Failure to file said annual reports on a timely basis may result in an immediate termination of the designation for administration of this fund, in accordance with Section 15 of this Act.
Section 15. In the event that the awarded organizations lose their status as a charitable corporation or ceases to exist, the Secretary of Veterans’ Services shall identify a suitable charitable organization to administer the grants.
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An Act relative to tax abatements for disabled veterans and Gold Star families
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S2338
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SD808
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T22:48:13.247'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-15T22:48:13.2466667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T13:26:42.4066667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-16T10:55:55.1166667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-06T10:56:25.1066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2338/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2338) of Jacob R. Oliveira and Anne M. Gobi for legislation relative to tax abatements for disabled veterans and Gold Star families. Veterans and Federal Affairs.
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Clause Twenty-second of section 5 of chapter 59 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:-
(h) The assessors shall calculate a proportionate addition to the amount of the exemption to be added to the exemption allowed under subsections (a) to (f), inclusive, by making the following calculations:-
(1) Determine the amount of exemption under said clause;
(2) Then, determine the amount of property taxes due from the applicant from the prior tax year, without exemption; and
(3) Then, determine the amount of property taxes due from the applicant in the current tax year, without exemption.
(4) If the amount in subdivision (3) is greater than the amount in subdivision (2), subtract the amount in subdivision (2) from the amount in subdivision (3).
(5) Determine the percentage increase in taxes by dividing the amount in subdivision (4) by the amount in subdivision (2) and multiply the result by 100.
(6) Multiply the percentage increase under subdivision (5) by the amount under subdivision (1), which shall be the proportionate addition to the amount of exemption allowed under said clauses.
The total amount in subdivision (6) shall be added to the exemption in subdivision (1) under said subsections (a) to (f), inclusive, and shall be newly calculated annually.
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An Act to amend the general officer designation in the state staff of the militia
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S2339
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SD1034
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-18T19:05:47.687'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-18T19:05:47.6866667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-01-18T19:05:47.7333333'}]
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2339) of Jacob R. Oliveira and Edward R. Philips for legislation to to amend the general officer designation in the state staff of the militia. Veterans and Federal Affairs.
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Chapter 33 of the General Laws is hereby amended by inserting, in Section 15(a), in line 3, by adding after the word “general.” the following:
"The adjutant general shall be the commanding general of all military forces, organized militia units, and the military division of the Commonwealth.”
And by striking, in Section 15(b), the following: “provided, however, that the adjutant general shall not personally exercise command of troops.”
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An Act to promote inclusive entrepreneurship and economic justice
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S234
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SD1053
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T19:39:08.03'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T19:39:08.03'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-08T13:45:43.1033333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-07T13:08:40.0466667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-21T15:17:47.3133333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T14:24:26.34'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:55:40.54'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 234) of Liz Miranda, Sal N. DiDomenico, Jason M. Lewis, Lindsay N. Sabadosa and others for legislation to promote inclusive entrepreneurship and economic justice. Economic Development and Emerging Technologies.
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SECTION 1. Subsection (i) of section 16G of chapter 6A of the general laws, as so appearing in the 2018 official edition, is hereby amended by adding, at the end of the first paragraph, the following sentence:-
The annual report shall include an analysis of the share of economic development funds administered by state agencies, including loans, grants, tax credits, and technical assistance services, provided to entities certified under federal or state law as a minority-owned business.
SECTION 2. Subsection (i) of section 16G of chapter 6A of the general laws, as so appearing, is hereby further amended by striking out, in the second paragraph, clauses 8, 9, and 10 and inserting in place thereof the following three clauses:-
(8) a report of patents or products resulting from agency-funded activities;
(9) a description of technical assistance that the agency provided; and
(10) the share of loans, grants, tax credits, or technical assistance services provided to entities certified under federal or state law as a minority-owned business.
SECTION 3. Subsection (l) of section 16G of chapter 6A of the general laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
The secretary of housing and economic development, with the assistance of economic development planning council appointed under this section, shall develop and implement a written comprehensive economic development policy for the commonwealth and a strategic plan for implementing the policy. The policy shall set long term goals and measurable benchmarks which are not limited to a particular gubernatorial administration and shall give consideration to any impacts the plan may have on businesses employing 10 or fewer people. The strategic plan shall include any major economic development initiatives and programs of the secretariat and any agencies subject to this section. The strategic plan shall also include an assessment of racial and ethnic disparities in employment and business ownership and an analysis of how the economic development initiatives contained in the plan will contribute to reducing such disparities. In developing the policy, the council shall review the published economic development policy and plan in effect at the commencement of the governor's term of office and may hold public hearings throughout the commonwealth. However, the council shall hold at least one public hearing on the topic of racial and ethnic disparities in employment and business ownership in the commonwealth.
SECTION 4. Chapter 7 of the General Laws is hereby amended by inserting after section 62 the following section:-
(a) The general court finds and declares that:
(1) It is in the state’s interest to encourage competitive business opportunities for all of its people. As anchor institutions, hospitals and higher education institutions are uniquely positioned to build relationships within the communities they serve through the development, inclusion, and utilization of certified minority-owned business enterprises whenever possible.
(2) By providing that each major anchor institution submit to the Office of Supplier Diversity a report explaining the institution’s supplier diversity statement and expressing its goals regarding certified minority-owned businesses, and the office placing that information on the office’s internet website, that online resource will help facilitate these supplier relationships.
(b) As used in this section, the following words shall have the following meanings, unless a contrary intent is clearly indicated:—
“Anchor institution”, a licensed hospital or college or university physically located in Massachusetts.
“Certified business enterprise”, a state- or federally-designated minority-owned business physically located in the United States.
“Office”, means the Office of Supplier Diversity.
“Operating expenses”, means operating expenses, excluding physician professional fees, as reflected in the annual financial report submitted to the office.
(c) On or before July 1 of each year, each anchor institution with operating expenses of $50,000,000 or more, or $25,000,000 or more when operating as a component of a larger hospital or university system, shall submit an annual report to the office on its minority enterprise procurement efforts during the previous year. The annual report shall include all of the following:
(1) The anchor institution’s supplier diversity policy statement.
(2) The anchor institution’s outreach and communications to minority business enterprises, including:
(i) How the anchor institution encourages and seeks out minority business enterprises to become potential suppliers.
(ii) How the anchor institution encourages its employees involved in procurement to seek out minority business enterprises to become potential suppliers.
(iii) How the anchor institution conducts outreach and communication to minority business enterprises.
(iv) How the anchor institution supports organizations that promote or certify minority business enterprises.
(v) Information regarding appropriate contacts at the anchor institution for interested business enterprises.
(vi) The anchor institution’s procurements that are made from minority business enterprises with at least a majority of the enterprise’s workforce in Massachusetts, with each category aggregated separately, to the extent that information is readily accessible. An anchor institution that is part of a system may report the diversity of its procurement in compliance with this subparagraph from a system level if there are suppliers that provide services or goods to all units within the system. An anchor institution shall report the diversity of the remainder of its procurement, including the suppliers that do not resource the entire system.
(3) The report may include other relevant information the office or anchor institution deems necessary.
(d) This section shall not be construed to require quotas, set-asides, or preferences in an anchor institution’s goods or services.
(e) By July 1, 2021, the office shall establish and maintain a link on the office’s internet website that provides public access to the contents of each anchor institution’s report on minority business enterprise procurement efforts. The office shall include a statement on the office’s internet website that the information contained in the anchor institution’s report on minority business enterprises is provided for informational purposes only.
SECTION 5. Chapter 10 of the general laws, as so appearing in the 2018 official edition, shall be amended by adding, after section 10A, the following new section:-
Section 10B. Prior to the state treasurer’s deposit of cash reserves to eligible lending and banking institutions, as defined in section 10A of chapter 10 of the general laws, the treasurer shall ensure the division of banks, as defined in section 1 of chapter 167 of the general laws, has collected data required of lending institutions pursuant to section 13A of chapter 167 of the general laws.
SECTION 6 Chapter 10 of the general laws, as appearing in the 2018 edition, is hereby amended by inserting after section 35LLL, the following new section:
Section 35MMM (a) As used in this section, the following words shall, unless the context requires otherwise, have the following meanings:-
“Agency”, the Massachusetts Development Finance Agency.
“Director” or “Executive Director”, the Chief Executive Officer of the Massachusetts Development Finance Agency.
''Fund'', the Small Business District Improvement Fund, established under subsection (b) of section 35MMM of chapter 10 of the general laws.
''Dedicated remote retailers sales tax revenue amount'', all moneys received by the commonwealth equal to 5 per cent of the receipts from sales from remote retailers, which include both remote marketplace sellers and remote marketplace facilitators as defined by 830 CMR 64H.1.9.
(b) There is hereby established on the books of the commonwealth a separate fund to be known as the Small Business District Improvement Fund. There shall be credited to the fund the dedicated remote retailers sales tax revenue amount. Annual receipts into the fund on account of any fiscal year shall be considered to meet the full obligation of the commonwealth to the fund for said fiscal year.
(c) Amounts in the fund shall be held by the Massachusetts Development Finance Agency, as trustee and not on account of the commonwealth, exclusively for the purposes of the fund, and the agency shall disburse amounts in the fund, without further appropriation, upon the request from time to time of its executive director. All amounts in the fund, including investment earnings, shall be available for expenditure by the agency for any lawful purpose.
(d) The agency shall report annually on grants dispersed by the fund to the clerks of the house and senate and to the house and senate committees on ways and means.
(e) The agency shall make expenditures from the fund for the following purposes:
(1) To provide matching grants to implement district management strategies in commercial areas, which may include establishing or strengthening a business improvement district as defined in section 1 of chapter 40o of the general laws, a parking benefit district as defined in section 22A1/2 of chapter 40 of the general laws, a cultural district as defined in section 58A of chapter 10 of the general laws, or other district management strategy approved by the agency, provided that the district is located in a municipality certified as a gateway municipality as defined in section 3A of chapter 23A of the general laws, or a municipality where at least 20% of the population is non-white, or is a cultural or commercial district whose mission includes serving a community that is underrepresented in business ownership in the commonwealth.
(2) To provide grants to help local commercial areas and districts expand their customer base, provided that this financial assistance may be administered through a contract with the Agency. Said grants shall be for amounts not to exceed $250,000 and shall be for a term not to exceed 2 years.
(f) Not later than September 1 of each year, the director shall file a report in writing with the joint committee on community development and small businesses and the house and senate committees on ways and means concerning the grants made in the fiscal year ending on the preceding June 30.
(g) The director, in consultation with the secretary of housing and economic development, shall adopt regulations to carry out this section, including providing an application and selection process.
(h) There shall be established a board to be known as the Small District Improvement Fund Advisory Board. Said board shall consist of 12 members, who shall be citizens of the commonwealth, and appointed by the director. The members of the board shall include: 3 members who shall be selected from a list of 5 individuals recommended by the Massachusetts Association of Community Development Corporations; 3 members who shall be from a list of 5 individuals recommended by the Massachusetts Retailers Association; 3 members who shall be selected from a list of 5 individuals recommended by the Black Economic Council of Massachusetts; and 3 members who shall be from organizations representing business owners of color. Of the members originally appointed, 3 shall serve a term of 1 year, 3 shall serve a term of 2 years, and 3 shall serve a term of 3 years in a manner determined by the director. Thereafter, as the terms of said members expire, the director shall appoint members for terms of 2 years. Vacancies shall be filled by appointment by the director for the remainder of the unexpired term. All members shall serve until the qualification of their respective successors. Members shall serve without compensation. The board shall advise the director on the activities and uses of the fund including, but not limited to: reviewing and making recommendations on grant requirements and selection criteria, and reviewing grant applications and making recommendations relative to grant awards. The advisory board shall, from time to time, submit recommendations to the legislature on any legislative changes it deems necessary for the successful operation of the fund.
(i) The director may contract with a private organization to carry out some or all of the agency’s duties provided in this section.
SECTION 7. Section 22A of chapter 40 of the general laws, as appearing in the 2018 official edition, is hereby amended by inserting after the phrase “improvements to the public realm” in paragraph 1, the following words:- including district management activities and operations
SECTION 8. Section 22C of chapter 40 of the general laws, as appearing in the 2018 official edition, is hereby amended by inserting after the phrase, “public transportation station accessibility improvements” the following words:- district management activities and operations,
SECTION 9. Chapter 167 of the general laws, as so appearing in the 2018 official edition, shall be amended by adding, after section 13 the following new section:-
Section 13A. (a) The division of banks shall require the collection of small business lending data from all lenders, including online lenders, and small businesses on an annual basis. The division shall also analyze the impacts that lenders, including online lenders, and their practices have on minority borrowers in the Commonwealth.
(b) The division shall promulgate regulations relative to the required collection of small business lending data. Said regulations shall include, but not be limited to the following:
(1) the establishment of a central depository of the collection and analysis of small business lending data, to include, but not be limited to the following: lending and banking institutions’ average annual percent rates, default rates, and fees.
(2) procedures for the solicitation and acceptance of reports regarding small businesses’ incidents of predatory lending practices.
(3) procedures for assessing the credibility and accuracy of reports of small business lending data from lending institutions.
(c) The division shall file an annual report with the information obtained pursuant to subsections (a) and (b) as well as recommendations for best practices for small business borrower lending with the house and senate clerks and the house and senate chairs of the joint committee on financial services not later than July 1.
SECTION 10. (a) Notwithstanding any general or special law to the contrary, all appointive boards and commissions in the commonwealth established by the Massachusetts general laws, including boards and commissions of a political subdivision of the state, if not otherwise provided by law, shall adopt policies and practices designed to increase the racial and ethnic diversity of their board membership and commission membership. To meet this goal, said boards and commissions shall report on an annual basis to the secretary of state and the office of the governor the following: (i) data on specific qualifications, skills and experience that the board appointees considers for its board of directors and nominees for the board of directors and commissions; (ii) the self-identified race and ethnicity of each member of said board of directors and commissions; (iii) the number of total individuals on said boards and commissions; iv) a description of the process of said board or commission for identifying, evaluating, and determining nominees and appointees including, but not limited to, how demographic diversity is considered; and (v) a description of the policies and practices of said boards and commissions for promoting diversity, equity and inclusion among said boards and commissions and (vi) the total number of people of color and the total number of individuals who serve as members on all boards and commissions in the commonwealth.
(b) To track and measure progress, an annual report shall be published by the office of the governor, annually, not later than July 1, that provides: (i) demographic data provided by all public board and commission applicants, including boards and commissions of a political subdivision of the state, relative to ethnicity and race; and (ii) demographic data provided by all public board and commission nominees or appointees, including boards and commissions of a political subdivision of the state, relative to ethnicity and race, pursuant to section (a) of this act. Any demographic data disclosed or released pursuant to this section shall be anonymized to the extent practicable and shall not identify an individual applicant, nominee or appointed board member or commissioner. Said demographic data shall also disclose aggregated statistical data by commission or board sector and by secretariat that governs said board or commission, if applicable.
(c) Notwithstanding any general or special law to the contrary, and pursuant to any established appointment procedures of individual boards or commissions in the commonwealth, racial diversity shall be considered in any subsequent appointments made after July 1, 2021, to any public boards and commissions in the commonwealth.
(d) By January 1, 2025 all boards and commissions shall, to the extent feasible, broadly reflect the general public of the commonwealth, including the percentage of racial and ethnic minorities in the general population.
SECTION 11. Sections 4 and 10 shall take effect on July 1, 2021.
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An Act relative to protecting veterans
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S2340
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SD529
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:33:57.813'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:33:57.8133333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:20:22.4866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2340/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2340) of Michael F. Rush and Paul McMurtry for legislation relative to protecting veterans. Veterans and Federal Affairs.
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SECTION 1. Section 98A of chapter 272 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after each instance of the words “physically handicapped persons” appearing lines 3, 10, and 15 the following words:- or veteran
SECTION 2. The first paragraph of section 92A of chapter 272, as appearing in section 1, chapter 134 of the acts of 2016, is hereby amended by inserting after the word “disability” the following words:- or veteran status
SECTION 3. Section 98 of chapter 272 of the General Laws, as appearing in section 3, chapter 134 of the acts of 2016, is hereby amended by inserting after the word “ancestry” the following words:- or veteran status
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An Act relative to shelter benefits for veterans
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S2341
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SD531
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:34:52.02'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:34:52.02'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:20:08.24'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-10T11:56:02.68'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2341/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2341) of Michael F. Rush and Paul McMurtry for legislation relative to shelter benefits for veterans. Veterans and Federal Affairs.
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Chapter 115, Section 5 of the Massachusetts General Laws, as appearing in the 2012 Official edition is hereby amended by striking out the following words in line 1:- “,subject to appropriation,”
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[]
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[]
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An Act relative to tax credits for homeless veteran housing
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S2342
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SD532
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:35:10.643'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:35:10.6433333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-31T09:23:31.1466667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:19:56.6766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2342/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2342) of Michael F. Rush, Anne M. Gobi and Paul McMurtry for legislation relative to tax credits for homeless veteran housing. Veterans and Federal Affairs.
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Notwithstanding any other general of special law to the contrary, the Commonwealth hereby directs the Department of Housing and Community Development to require that as part of the development of the Qualified Allocation Plan (QAP) for 2011, the Department must set-aside no less than 10% of its allocated tax credits for projects sponsored by nonprofits that will provide permanent housing for formerly homeless veterans in a service-based multifamily property and projects of no fewer than 20 units.
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An Act relative to military personnel and medical records
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S2343
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SD533
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:35:29.977'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:35:29.9766667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:19:49.5366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2343/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2343) of Michael F. Rush and Paul McMurtry for legislation relative to military personnel and medical records. Veterans and Federal Affairs.
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Section 26 of Chapter 31 of the general laws is hereby amended by striking out the third paragraph and inserting place in thereof the following:- The administrator may require any disabled veteran to present a certificate of a physician, approved by the administrator, that his disability is not such as to incapacitate him from the performance of the duties of the position for which he is eligible. The cost of a physical examination of such veteran for the purpose of obtaining such certificate shall be borne by the commonwealth. Notwithstanding the administrator's right to require a physician's certificate in the case of a disabled veteran, an appointing authority shall not require, request or accept an individual's military medical record or military personnel service record for the purpose of employment; provided, however, that an appointing authority may require, request or accept the individual's DD–214 form. An appointing authority shall not impose a term or condition on an individual as a condition of obtaining or retaining employment if compliance with the term or condition would require the individual to present the individual's military medical record or military personnel service record as set forth in this paragraph; provided, however, that an appointing authority may impose a term or condition requiring the individual to present the individual's DD–214 form. Nothing in this section shall prohibit an appointing authority to require military service records if the condition stated on the individual's DD–214 form is other than honorable. This paragraph shall apply to all civil and non-civil service municipalities’ hiring authorities.
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An Act relative to Veteran annuities for surviving spouses
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S2344
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SD534
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:35:46.307'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:35:46.3066667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:19:42.2166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2344/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2344) of Michael F. Rush and Paul McMurtry for legislation relative to Veteran annuities for surviving spouses. Veterans and Federal Affairs.
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Section 6B of Chapter 115 of the General Laws, as appearing in the 2018 Official Edition is hereby amended by inserting, after the words “insurrection or combat, the following:- “or surviving spouse in receipt of Dependent Indemnity Compensation as awarded by the Veterans Administration”.
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An Act relative to the appointment of veterans agents and service officers
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S2345
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SD535
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:36:10.68'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:36:10.68'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:19:34.9966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2345/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2345) of Michael F. Rush and Paul McMurtry for legislation relative to the appointment of veterans agents and service officers. Veterans and Federal Affairs.
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SECTION 1. Section 3 of Chapter 115 of the General Laws, is hereby amended by deleting the first paragraph and inserting in place thereof the following:- The Mayor of each city, except Boston, and the selectmen of each town, shall appoint a veterans' agent/veterans' service officer to act for him or them in the disbursement of veterans' benefits by such city or town; provided, however, that in each town having a part time veterans' agent/veterans' service officer the town clerk shall receive applications and assist applicants for veterans' benefits, and shall submit said applications to the veterans' agent/veterans' service officer. Two or more contiguous towns may, by vote of the selectmen, and subject to the approval of the commissioner, appoint one full time veterans' agent/veterans' service officer and such additional staff as necessary, and may apportion the payment of compensation among such towns. The appointment of a veterans' agent/veterans' service officer shall not create a civil service position. Any person who is appointed to the position of veterans' agent/veterans' service officer and certified by the Massachusetts Department of Veterans' Services as a trained veterans' agent/veterans' service officer and who has held such position for not less than three years, shall not be involuntarily separated and shall have the same rights and protection granted to any veteran under section 9A of chapter 30 of the General Laws, notwithstanding that his or her prior appointments were for a fixed term.
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An Act relative to uniformity in veteran benefits
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S2346
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SD597
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:12:07.497'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:12:07.4966667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:11:28.03'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2346/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2346) of Michael F. Rush and Paul McMurtry for legislation relative to uniformity in veteran benefits. Veterans and Federal Affairs.
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Chapter 115, Section 5 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after paragraph 7, the following:-
"The Secretary of Veterans’ Services shall promulgate regulations ensuring that no deposits under three hundred dollars per month may be counted as income for the purposes of determining eligibility under MGL, Chapter 115. Nothing herein precludes the Secretary or Veterans Service Officers from using this, or any information in bank statements provided to them to further their investigation to determine eligibility for benefits under this chapter."
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An Act relative to dependent eligibility for Chapter 115 benefits
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S2347
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SD599
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:08:09.31'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:08:09.31'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:47:18.9366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2347/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2347) of Michael F. Rush and Paul McMurtry for legislation relative to dependent eligibility for Chapter 115 benefits. Veterans and Federal Affairs.
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Section 1 of Chapter 115 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in line 18, by inserting after the words “carried on” the following:-
“Dependents of Veterans who meet all eligibility criteria except for the one day residence in the commonwealth, shall be eligible for benefits under this chapter provided a dependent provides proof of residency in Massachusetts for no less than one year prior to application of benefits.
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An Act relative to veteran health care
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S2348
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SD600
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:10:21.567'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:10:21.5666667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:09:43.2066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2348/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2348) of Michael F. Rush and Paul McMurtry for legislation relative to veteran health care. Veterans and Federal Affairs.
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Chapter 115, Section 5 of the General Laws, as appearing in the 2020 Official edition, is hereby amended by adding after paragraph 7, the following:-
"The Secretary of Veterans’ Services shall promulgate regulations ensuring that should any applicant or recipient be determined as under 300% of the current Federal Poverty Level (FPL) and is otherwise qualified, the applicant or recipient shall be eligible for a Medical Only budget."
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An Act relative outreach to veterans
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S2349
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SD601
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:32:22.97'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:32:22.97'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:09:35.7'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2349/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2349) of Michael F. Rush and Paul McMurtry for legislation relative outreach to veterans. Veterans and Federal Affairs.
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Chapter 115, Section 5 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after paragraph 7, the following:-
"The Secretary of Veterans’ Services shall promulgate regulations to reimburse municipalities for outreach costs by local departments of veterans’ Services to be administered by veterans’ service officers veterans’ service officers of 75% of all outreach expenses not to exceed $2,000"
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An Act relative to early education funding
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S235
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SD1867
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T10:04:04.063'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-18T10:04:04.0633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S235/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 235) of Michael O. Moore for legislation relative to early education funding. Economic Development and Emerging Technologies.
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Section 64 of chapter 23K of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in line 9, by adding after the word “year” the following words:- ; and provided further, that 32.5 percent of the funds shall be appropriated for the purposes of early education to supplement, not offset, any reduction in the general appropriation act from the previous fiscal year.
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An Act relative to veteran employment opportunities
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S2350
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SD602
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:40:56.39'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:40:56.39'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:09:27.5333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2350/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2350) of Michael F. Rush and Paul McMurtry for legislation relative to veteran employment opportunities. Veterans and Federal Affairs.
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Chapter 115 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 2C the following:-
Section 2D. Program to further enhance employment opportunities and outcomes among veterans
The commissioner shall authorize reimbursement to Veterans for costs associated with taking municipal civil service exams. The commissioner shall authorize no more than three reimbursements per Veteran, provided further, no reimbursement shall be authorized if the Veteran fails a subsequent exam. The commissioner shall engage with interested stakeholders and organizations that provide services to veterans in the development of the program.
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An Act relative to appropriate notice for changes to Veterans’ district agreements
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S2351
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SD607
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:42:38.113'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T15:42:38.1133333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:09:18.4066667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-10T11:56:15.0933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2351/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2351) of Michael F. Rush and Paul McMurtry for legislation relative to appropriate notice for changes to Veterans’ district agreements. Veterans and Federal Affairs.
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Section 10 of Chapter 115 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second paragraph, and inserting in place thereof, the following:-
“Two or more adjoining towns, or two or more adjoining municipalities only one of which is a city, may, in a city by vote of the city council thereof, and in a town by vote of the selectmen thereof, form a district for the purposes set forth in the first paragraph of this section, including the appointment and compensation of a director of veterans' services, for the enforcement therein of such purposes and of such other provisions of law as it may be his duty to enforce. Any constituent city or town by vote may withdraw from the district at the end of any fiscal year of such city or town if such withdrawal is voted in the manner aforesaid not less than one hundred and eighty days prior to the end of such fiscal year and notice of such vote is filed with the other municipalities comprising the district.”
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An Act ensuring the fair treatment of military service members and veterans
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S2352
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SD1825
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-19T12:43:24.267'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-19T12:43:24.2666667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:08:01.7466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2352/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2352) of Michael F. Rush and Paul McMurtry for legislation to ensure the fair treatment of military service members and veterans. Veterans and Federal Affairs.
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SECTION 1. Section 1 of chapter 12A of the General Laws is hereby amended by inserting after the definition of “Contractor” the following definition:-
''Uniformed services'', shall have the same meaning as in 38 U.S.C. section 4303(16) and shall include: (i) the armed forces of the commonwealth, including the state defense force or similar organization composed as permitted by law; (ii) the state staff when engaged in duty under this chapter or Title 32 of the United States Code; or (iii) the armed forces of another state or territory when ordered to active duty under appropriate authority.
SECTION 2. Said chapter 12A is hereby further amended by inserting after section 7 the following section:-
Section 71/2. (a) There shall be a veteran employment and reemployment rights division within the office of the inspector general to assist veterans and service members with employment disputes. There shall be within the division: (i) intake officers to serve as the designated initial point of contact for veterans and service members within the division; (ii) investigators to conduct the division’s formal inquiries or investigations, as necessary; and (iii) mediators to act as an intermediary between veterans and service members and employers.
(b) Under the direction of the office of the inspector general, the veteran employment and reemployment rights division shall: (i) employ intake officers to meet with veterans and service members, gather preliminary evidence and facts from the service member or veteran, and gather preliminary evidence on military service, employment, and reemployment; (ii) employ investigators to contact employers and military components for the purpose of gathering pertinent evidence; (iii) conclude whether there was improper conduct in violation of Sections 4301 to 4333, inclusive, of title 38 of the United States Code, the Uniformed Services Employment and Reemployment Rights Act or the General Laws; and (iv) employ mediators to contact the employer and veteran to offer mediation to resolve disputes and correct any improper conduct.
(c) If mediation under this section is unsuccessful, the Office of the Inspector General shall refer the case to the attorney general for further action.
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An Act Massachusetts Medal of Allegiance
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S2353
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SD2326
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T15:48:36.113'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T15:48:36.1133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2353/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2353) of Bruce E. Tarr for legislation relative to Massachusetts Medal of Allegiance. Veterans and Federal Affairs.
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SECTION 1. Chapter 33 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 67A the following section:-
Section 67C. There shall be a Massachusetts medal of Allegiance to be presented to a service member or veteran who; as the result of either combat-related post-traumatic stress disorder or a service-connected disease, condition or injury related to the exposure to harmful toxins, herbicides, agents or materials, where the exposure occurred while serving in the armed forces of the United States, active or reserve components, or the Massachusetts National Guard; has received a terminal diagnosis from a medical professional. A service member must have entered military service or state active duty from the commonwealth, have been a resident of the commonwealth at the time of diagnosis or have been a member of the Massachusetts national guard at the time of diagnosis. To be eligible, a service member or veteran must have served after December 6, 1941. The adjutant general or designee and 2 field grade officers of the armed forces of the commonwealth detailed by the commander-in-chief shall constitute a commission to make recommendations to the commander-in-chief for the awarding of the Massachusetts medal of Allegiance.
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An Act exempting veterans from civil service exam fees
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S2354
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SD1209
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:11:45.79'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:11:45.79'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2354/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 2354) of Walter F. Timilty for legislation to exempt veterans from civil service exam fees. Veterans and Federal Affairs.
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SECTION 1. Subsection (n) of section 5 of chapter 31 of the General Laws as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “instances” in line 61 the following words:- "provided that a veteran shall not be charged any fee for any examination provided by this chapter."
SECTION 2. Section 20 of said chapter 31, as so appearing, is hereby amended by inserting after the word “four” in line 7 the following words:- "provided, however, that a veteran shall not be charged any fee for any examination provided by this chapter."
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An Act relative to ensuring equity in healthcare access for veterans
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S2355
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SD1256
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:12:31.297'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:12:31.2966667'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-31T12:10:56.8133333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-08-25T15:55:28.41'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-08-25T15:55:28.41'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2355/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 2355) of Walter F. Timilty and Peter Capano for legislation to ensure equity in healthcare access for veterans. Veterans and Federal Affairs.
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The executive office of health and human services, in conjunction with the department of veterans’ services and the center for health information and analysis, shall conduct a study on veterans’ and their dependents’ access to healthcare providers that are not practicing at facilities of the United States Department of Veterans Affairs. For the purposes of this section, “veteran” shall mean a veteran who receives benefits under the TRICARE program, as defined in 10 U.S.C. 1072(7).
The study shall: (i) identify, after seeking consultation with the United States Department of Veterans Affairs, healthcare providers in the Commonwealth who currently accept TRICARE insurance; (ii) identify geographic location of said healthcare providers; (iii) identify by geographic location transportation barriers to accessing said healthcare providers; (iv) identify said healthcare providers’ characteristics, including but not limited to, practice specialty, race, gender, years of experience as a healthcare provider; (v) determine the number of veterans and veteran dependents in the Commonwealth currently seeking care from said healthcare providers; (vi) recommend if number of healthcare providers in the Commonwealth who accept TRICARE insurance must be expanded to improve veterans’ and veteran dependents’ access to healthcare; (vii) recommend how the department of veterans’ services, in conjunction with the United States Department of Veterans Affairs, can increase the number of said providers in the Commonwealth; (viii) recommend department of veterans’ services program to inform veteran and veteran dependent population of healthcare providers accepting TRICARE insurance in the Commonwealth.
The office shall submit a report on the study to the clerks of the senate and house, the joint committee on veterans and federal affairs, the joint committee on health care financing and the senate and house committees on ways and means not later than December 31, 2023.
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An Act increasing the annuity for disabled Veterans and Gold Star Families
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S2356
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SD164
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-11T15:50:20.07'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-11T15:50:20.07'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T15:51:00.2866667'}, {'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-18T18:41:26.91'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-20T11:55:14.1466667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-25T15:31:18.34'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T16:03:58.9'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-17T11:31:16.0833333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-05T15:16:01.94'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2356/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2356) of John C. Velis, John F. Keenan, Daniel J. Hunt, Anne M. Gobi and other members of the General Court for legislation to increase annuity for disabled Veterans and Gold Star families. Veterans and Federal Affairs.
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Section 6B of chapter 115 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the word in paragraph 2, “$2,000” and inserting in place thereof the word: “$3,000”.
Section 6B of chapter 115 of the General Laws, as appearing in the 2022 Official Edition, is hereby further amended by striking out the words in paragraph 3, “, provided, that the surviving spouse does not remarry,”.
Section 6B of chapter 115 of the General Laws, as appearing in the 2022 Official Edition is hereby further amended by striking out the word in line 3 of paragraph 3, “ $2,000” and inserting in place thereof the word: “$3,000”.
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An Act relative to recognition of the "Honor and Remember" flag in the Commonwealth
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S2357
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SD183
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-11T16:53:48.513'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-11T16:53:48.5133333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-12T10:05:24.32'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-31T10:53:06.21'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-05-01T16:10:50.33'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2357/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2357) of John C. Velis, Hannah Kane and Steven George Xiarhos for legislation relative to recognition of the "Honor and Remember" flag in the Commonwealth. Veterans and Federal Affairs.
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SECTION 1. Chapter 2 of the General Laws is hereby amended by adding the following section:-
Section 64. (a) The Honor and Remember Flag created by Honor and Remember, Inc. shall be designated as the symbol of the Commonwealth’s concern and commitment to honoring and remembering the lives of all members of the United States Armed Forces who have lost their lives while serving, or as a result of service, and their families. The Honor and Remember Flag’s red field shall represent the blood shed by brave men and women who sacrificed their lives for freedom; the Flag’s white field and border shall recognize the purity of that sacrifice; the Flag’s blue star shall be a symbol of the active service in military conflicts that dates back to World War I; the Flag’s gold star shall signify the ultimate sacrifice of a warrior in active service who will not return home and shall reflect the value of the life given; the folded Flag shall highlight this nation’s final tribute to a fallen service member and a family’s sacrifice; and the Flag’s flame shall symbolize the eternal spirit of the departed. The Flag shall be a unifying symbol recognizing this nation’s solemn debt to the estimated 1.6 million fallen service members throughout history and the families and communities who mourn their loss.
(b) When flown on the same pole or pole formation as other flags, The Honor and Remember flag shall be flown beneath any American Flag, flag of the Commonwealth, or Prisoners of War/Missing in Action flag that may also be flown on said pole or formation. The Honor and Remember flag shall never be larger than the American flag flown on the same pole or in the same formation of poles.
(c) The Honor and Remember Flag should be in good condition if flown, free from rips, stains, or significant fading.
(d) The Honor and Remember Flag shall be displayed by those wishing to honor and remember the lives of all members of the United States Armed Forces who have lost their lives while serving, or as a result of service, and their families on the following days:
(1) Armed Forces Day, the third Saturday in May;
(2) Memorial Day, the last Monday in May;
(3) Flag Day, June 14;
(4) The Fourth of July;
(5) National POW/MIA Recognition Day;
(6) Veterans Day, November 11;
(7) Gold Star Mother's Day, the last Sunday of September; and
(8) Whenever there is a military casualty in the Commonwealth.
(e) Nothing in this act shall be interpreted as a mandate to purchase or display an Honor and Remember flag by any individual, organization, municipality, or agency.
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An Act promoting equality in veterans' bonus eligibility
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S2358
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SD209
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T12:55:47.713'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-12T12:55:47.7133333'}, {'Id': 'TRE7', 'Name': 'Deborah B. Goldberg, Treasurer and Receiver General', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TRE7', 'ResponseDate': '2023-01-12T12:58:25.31'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-24T10:36:17.76'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2358/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2358) of John C. Velis, Deborah B. Goldberg, Treasurer and Receiver General and Jack Patrick Lewis for legislation to promote equality in veterans' bonus eligibility. Veterans and Federal Affairs.
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SECTION 1. Paragraph (1), subsection (b) of section 78 of chapter 10 of the General Laws, as most recently amended by chapter 124 of the acts of 2020, is hereby amended by inserting after the word “however” the following words:- any veteran discharged or released under other than honorable conditions due to sexual orientation, gender identity, gender expression, or HIV status, based on such veteran’s DD-214 form or equivalent documentation, shall be eligible for a bonus under this section; provided further,
SECTION 2. Subsection (g) of said section 78 is hereby further amended by striking the word “service” and inserting in place thereof the following words:- service, unless any veteran is discharged or released under other than honorable conditions yet deemed eligible pursuant to paragraph (1), subsection (b) of this section.
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An Act relative to EMT certification of veterans and military medics
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S2359
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SD1193
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T10:57:09.88'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T10:57:09.88'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-19T15:29:30.15'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-31T10:53:23.29'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2359/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2359) of John C. Velis, Adam Scanlon and Steven George Xiarhos for legislation relative to EMT certification of veterans and military medics. Veterans and Federal Affairs.
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SECTION 1. Subsection (b) of section 3 of chapter 111C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after clause (3) the following clause:-
(3a) develop standards and promulgate regulations establishing criteria for determining the extent to which the education and training requirements for veterans and military medics of the United States Armed Forces are substantially equivalent to the education and training requirements of emergency medical technicians in the commonwealth;
SECTION 2. Said chapter 111C is hereby further amended by inserting after section 9 the following section:-
Section 9a. The department shall, based on the department standards and regulations established pursuant to clause (3a) of subsection (b) of section 3, determine if veterans or military medics of the United States Armed Forces applying for emergency medical technician, hereinafter EMT, certification in the commonwealth have completed courses or training required by the United States Armed Forces that is substantially equivalent to the state emergency training requirements. If the department determines that a veteran or military medic applying for EMT certification has completed substantially equivalent training, the department shall issue a waiver of any course or training requirement for certification in the commonwealth, for any course or training completed through the United States Armed Forces that is found, by the department, to be substantially equivalent to the requirement of certification in the commonwealth; provided, that the applicant submits sufficient proof of completion of the substantially equivalent training to the department. No veteran or military medic applying for EMT certification who has completed substantially equivalent emergency training with the United States Armed Forces, as determined by the department, shall be required to complete the same training for EMT certification or licensing in the commonwealth. The department shall issue a verification of EMT training equivalency to the applicant upon a determination that the applicant’s training, including any substantially equivalent training received in the United States Armed Forces and accepted pursuant to this section, satisfies the commonwealth’s training requirements.
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An Act relative to LLC filing fees
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S236
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SD477
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:19:06.163'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:19:06.1633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S236/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 236) of Patrick M. O'Connor for legislation relative to LLC filing fees. Economic Development and Emerging Technologies.
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Section 12 of Chapter 156C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking subsection (d) and inserting in place thereof the following:-
(d) The fee for the filing of the certificate of organization required by subsection (a) shall be five hundred dollars. The fee for the filing of the annual report required by subsection (c) shall be five hundred dollars, except as provided in subsection (e). Such fees shall be paid to the state secretary at the time the certificate of organization or the annual report is filed.
(e) The fee for the filing of the certificate of organization required by subsection (a) for a limited liability company with 6 employees or fewer shall be two hundred and fifty dollars. The fee for the filing of the annual report required by subsection (c) for a limited liability company with 6 employees or fewer shall be two hundred and fifty dollars. Such fees shall be paid to the state secretary at the time the annual report is filed.
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An Act establishing the women's veterans network
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S2360
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SD1207
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T11:38:43.673'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T11:38:43.6733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2360/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2360) of John C. Velis for legislation to establish the women's veterans network. Veterans and Federal Affairs.
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Chapter 115 of the General Laws is hereby amended by inserting after section 15 the following section:-
WOMEN’S VETERANS NETWORK.
Section 16. (a) There shall be within the department of veterans' services a women’s veterans network. The office shall: (1) perform outreach to improve women veterans' awareness of eligibility for federal and state veterans' services and benefits; (2) review programs, research projects, and other initiatives designed to address or meet the needs of women veterans; (3) make recommendations to the secretary of veterans’ services to improve benefits and services for women veterans; (4) incorporate women veterans' issues in strategic planning concerning benefits and services; (5) create and distribute women veterans benefits information; and (6) create online resources for women veterans. The office shall employ a women’s veterans coordinator to assist in the programming and outreach to women veterans. Said employee shall work with the Department of Veterans’ Services, the Women Veterans’ Network Steering Committee, and Veteran Services Officers to develop documentation that explains benefits available to women veterans and how to access said benefits. Benefit documents shall be available on the department’s open website and said benefits shall be disseminated to women veterans.
(b) Annually, not later than November 1, the office shall submit a report to the general court on progress made in identification and outreach to women veterans residing in Massachusetts. The report shall include findings relative to, but not limited to: (i) demographics of women veterans identified in Massachusetts; (ii) summation of veteran outreach events designed to connect women veterans; and (iii) documents provided to said veterans. The office shall submit the report to the governor and to the clerks of the house of representatives and senate.
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An Act relative to military childcare, innovation, learning and development
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S2361
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SD1402
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T15:35:53.893'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T15:35:53.8933333'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2361) of John C. Velis for legislation relative to military childcare, innovation, learning and development. Veterans and Federal Affairs.
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SECTION 1. Chapter 6 of the General Laws is hereby amended by inserting after section 15QQQQQQ the following section:-
Section 15RRRRRR. The governor shall annually set apart December 19, the anniversary of the founding of the united states space force, in recognition of its distinguished history and spacefaring service, and shall issue a proclamation recommending that the day be observed by the people in the display of the flag and in appropriate public exercises, commemorative of the services and sacrifices of the citizens of the commonwealth who have served and continue to serve in the defense of the united states.
SECTION 2. Section 6A of Chapter 2 of the General Laws, is hereby amended by adding at the end the following paragraph:-
(H) All military service members residing in Massachusetts, and performing military duty under official orders, who are killed while in an active-duty status, will be honored by having flags throughout the commonwealth flown at half-staff from the day of death until sunset of the day of interment in accordance with such orders or instructions as may be issued by, or at the direction of the governor. The remains of POWS/MIAS repatriated within the commonwealth shall have the flag half-staffed on the day of arrival within the commonwealth through the day of internment. Additionally, flags will be half-staffed each year on national POW/MIA day, observed across the nation on the third friday of september, from sunrise to sunset.
SECTION 3. Section 78 (a) of Chapter 10 of the General Laws is hereby amended by inserting after the words "United States Air Force Reserve" the following words:-
United State space force
SECTION 4. Section 1 of Chapter 15E of the General Laws is hereby amended by removing the word "sections" in line 4 and and inserting in place thereof the following:-
chapters
SECTION 5. Section 1 of Chapter 15E of the General Laws is hereby amended by removing the word "airforce" in line 44 and inserting in place thereof the following:-
, space force
SECTION 6. The General Laws are hereby amended by inserting after chapter 71B the following chapter:
CHAPTER 71C. MILITARY-CONNECTED STUDENTS.
Section 1. Definitions. For the purposes of this chapter, “military-connected student” shall mean a student who is an unemancipated person whose parent or guardian is: (i) a current, reserve or former member of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Space Force, Army Nurse Corps, Navy Nurse Corps, United States Air Force, Air National Guard or Army National Guard; or (ii) a member of a military or reserve force under clause (i) who was killed in the line of duty.
Section 2. Equal rights and educational opportunity. Notwithstanding any other provision of law, military-connected students shall have equitable access to academic courses and programs and to extracurricular academic, athletic and social programs.
Section 3. Military Parent Student Support. (a) Beginning with the 2024-2025 school year and each school year thereafter, each public school shall provide appropriate support services, as specified in subsection (b), to military-connected students whose parent or guardian is a member of the armed forces being called to and while serving on active duty.
(b) If a parent or guardian of a military-connected student is called or ordered to active duty by the Federal Government under the provisions of 10 U.S.C. (relating to armed forces) or 32 U.S.C. (relating to National Guard), the parent or guardian may notify school district of the activation to active duty and request additional supports for the student under this section. Upon receiving notification from the parent or guardian of activation, the school district shall provide the student and parent or guardian with the following:
(1) Access to the following:
(i) a certified school counselor;
(ii) a certified school psychologist;
(iii) school social workers; or
(iv) certified home and school visitors.
(2) Information regarding the following:
(i) Existing Federal and State military support services.
(ii) Any other service, agency or resource necessary to support or provide assistance to the student, parent or guardian.
(c) The Department of Elementary and Secondary Education shall coordinate with the military division of the commonwealth to carry out this section, including posting information about the requirements of this section to their publicly accessible Internet websites and providing informational materials for use by school districts to inform parents and guardians of the supports available under subsection (b)(2).
Section 4. National Guard and Reserve Parent Student Support. (a) Notwithstanding any other provision of law, a military-connected student who is a child of a member of the National Guard and Reserve shall be afforded the same rights as a student of an active duty military family under chapter 108 of the acts of 2012, known as the Interstate Compact on Educational Opportunity for Military Children Act, if a parent is required to move to perform the parent's responsibilities in the service of the National Guard or Reserve resulting in the student having to transfer from a public school in one state to a public school in another state.
Section 6. Military-connected Student Identifier. (a) A school district shall notify a classroom teacher of the enrollment of a military-connected student in any class taught by the teacher. The purpose of the notification is to provide the teacher with the opportunity to monitor a military-connected student’s level of academic engagement, and to provide additional academic support to the student as needed.
(b) A parent or guardian of a military-connected student may opt their child out of being identified to the teacher as a military-connected student, pursuant to subsection a of this section. At the request of a parent or guardian, the school district shall not notify a classroom teacher of the enrollment of the military-connected student pursuant to this section.
SECTION 7. The ninth paragraph of Section 1G of Chapter 15 of the General Laws is hereby amended by inserting after the words “school administrators and officials” the following words:-
military-connected students,
SECTION 8. Section 15 of Chapter 33 of the General Laws is hereby amended by adding at the end the following paragraph:-
(j) There shall be a military spouse liaison appointed by the adjutant general who shall conduct outreach to and advocate on behalf of military spouses residing in the commonwealth. The duties of the military spouse liaison shall include, but not be limited to: (i) providing assistance and information to military spouses seeking professional licenses and credentials or other employment the commonwealth; (ii) coordinating research on issues facing military spouses; (iii) creating informational materials to assist military spouses and their families; (iv) providing recommendations to assist spouses in accessing high quality child care; (v) developing resources in coordination with military installations to increase access to high quality child care for military families; and (vi) developing, in coordination with the division of professional licensure, a common form for military spouses to complete highlighting specific skills, education, and training to help spouses quickly find meaningful employment in relevant sectors. The military spouse liaison shall report annually to the joint committee on veterans' and federal affairs and participate in policy development relating to military spouses, the clerks of the house of representatives and the senate and the house and senate committees on ways and means.
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An Act clarifying the duties of the adjutant general
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S2362
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SD2001
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T11:42:02.16'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T11:42:02.16'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2362/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2362) of John C. Velis for legislation to clarify the duties of the adjutant general. Veterans and Federal Affairs.
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Section 15(b) of Chapter 33 of the General Laws, as so appearing in the 2022 Official Edition, is hereby amended by inserting the following sentence:- The adjutant general shall have command of all of the militias of the Commonwealth.
Section 15(b) of Chapter 33 of the General Laws is hereby amended by striking the following:- ; provided, however, that the adjutant general shall not personally exercise command of troops.
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An Act to improve health and safety standards at state-operated veterans' homes
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S2363
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SD2016
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T11:49:26.42'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T11:49:26.42'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2363) of John C. Velis for legislation to improve health and safety standards at state-operated veterans' homes. Veterans and Federal Affairs.
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SECTION 1. Section 14A of Chapter 115A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following paragraph:-
Each state-operated veterans’ home shall employ a full-time infection control specialist and a full-time emergency preparedness specialist, both of whom shall report to the superintendent and shall ensure their respective state-operated veterans’ home maintains standards and protocols for infection control and emergency preparedness consistent with applicable state and federal rules and regulations.
SECTION 2. Said chapter 111 is hereby amended by inserting after section 73B the following section:
(a) The department of public health shall conduct inspections of all state-operated veterans’ homes as the department deems necessary but not less than twice annually; provided, however, that during emergency operations, as declared by the secretary of veterans’ services or the governor, the department shall conduct inspections of all state-operated veterans’ homes not less than once every 30 days.
(b) After an inspection, the department shall notify the superintendent of the state-operated veterans’ home and the secretary of veterans’ services in writing of every violation of applicable rules and regulations and specify a reasonable period of time, not exceeding 30 days after receipt of the notice, for the superintendent to provide a plan to remediate any such violation. After the specified period of time has passed, the department shall conduct a follow-up inspection of the home to ensure compliance. If the superintendent of the state-operated veterans’ home has failed to remedy the violation at the time of the follow-up inspection, the superintendent shall report weekly to the department detailing steps taken towards, and the expected date of, remediation. Not less than 30 days after the superintendent notifies the department that a violation has been remedied, the department shall conduct an inspection of the state-operated veterans’ home to verify that the violation has been remedied.
(c) Not later than 30 days after each inspection, the department shall report its findings to the Massachusetts Veterans’ Home Advisory Council, the regional council of the inspected home, the executive director of veterans’ homes and housing, the secretary of veterans’ services, the joint committee on veterans and federal affairs and the joint committee on public health. Inspection reports and corrections of violations shall be made available to the public on the department’s website.
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An Act relative to soldiers' home eligibility for certain national guard members
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S2364
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SD2072
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T12:43:26.13'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-20T12:43:26.13'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-31T10:51:43.3233333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-31T10:51:43.3233333'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-07T15:26:46.6833333'}]
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2364) of John C. Velis, Jacob R. Oliveira, Steven George Xiarhos and Steven S. Howitt for legislation relative to soldiers' home eligibility for certain national guard members. Veterans and Federal Affairs.
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Section 1 of Chapter 115A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the words “section two,” the following words:-
“or (c) any person who meets the requirements of the Massachusetts National Guard state retired list, as defined in section 31 of chapter 33, notwithstanding any general law or special law to the contrary”
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An Act establishing a zero carbon renovation fund
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S2365
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SD500
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-17T09:13:22.393'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-17T09:13:22.3933333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-31T15:41:26.0366667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T15:41:26.0366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T15:41:26.0366667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T10:52:30.7166667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-09T10:52:30.7166667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-09T10:52:30.7166667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-09T10:52:30.7166667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-09T10:52:30.7166667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T10:52:30.7166667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T10:52:30.7166667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T13:25:00.55'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-02-13T13:20:59.88'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T10:35:26.0533333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T13:27:41.5933333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-23T11:00:54.82'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T10:07:31.6033333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T09:58:40.1'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-06T09:58:40.1'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-03-13T12:16:07.1866667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-03-15T17:33:12.9633333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-04-04T12:02:22.64'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-04-26T10:38:49.19'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-09-12T13:53:25.5533333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-09-15T12:05:19.81'}]
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 2365) of Adam Gomez, Michael O. Moore, Jack Patrick Lewis, Vanna Howard and other members of the General Court for legislation to establish a zero carbon renovation fund. Joint Ways and Means.
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Chapter 23J of the General Laws is hereby amended by inserting the following section:-
Section XXXX. There shall be established and set up on the books of the commonwealth a fund to be known as the Zero Carbon Renovation Fund that shall be administered by the Massachusetts Clean Energy Technology Center in consultation with the Department of Energy Resources, who shall expend the funds for costs associated with the renovation of existing buildings including affordable housing, public housing, homes rented or owned by low and moderate income households, municipal buildings, including, but not limited to, public schools, and small businesses with Massachusetts State Supplier Diversity Office Certifications to conduct “Zero Carbon Renovations'' so that these buildings shall, to the maximum extent practicable: (i) be highly energy efficient: (ii) use all-electric heating, hot water, and cooking technologies; (iii) include on-site renewable energy generating sources; and (iv) be renovated with low-embodied carbon materials. Funds may also be expended as necessary for costs associated with the remediation of existing building conditions which must be addressed before a Zero Carbon Renovation can be completed. Such remediations may include but not be limited to mitigation of mold, asbestos, insect and animal infestation, lead paint, electric system upgrades to meet current code or facilitate building electrification, accessibility upgrades required for compliance with the Americans with Disabilities Act, and remediation of any structural issues related to accommodating the Zero Carbon Renovation. Said fund shall be available to buildings throughout the commonwealth, while prioritizing affordable housing and low-to-moderate income homes, public schools, and other buildings located in: (i) environmental justice communities, as defined in section 62 of chapter 30, (ii) gateway cities, and (iii) communities disproportionately impacted by COVID 19, provided that said funds shall be expended in a manner that provides for geographic equity, and prioritizes interventions in a representative sample of building typologies present in the commonwealth. There shall be credited to the fund all amounts that are transferred, or authorized to be transferred thereto, or directed to be deposited therein, and all amounts received as gifts, grants, or contributions for the purposes of the fund. Any money remaining in the fund at the close of a fiscal year shall not revert to the General Fund, but shall remain available for expenditure in subsequent fiscal years.
XXXX-XXXX For a reserve, as established in Section XX of Chapter 23J of the General Laws, to support the renovation of existing buildings including affordable housing, public housing, homes of low- and moderate-income households, and municipal buildings, including, but not limited to, public schools, and small businesses with Massachusetts State Supplier Diversity Office Certifications, provided, that funds in this item shall be administered by the Massachusetts Clean Energy Technology Center for Zero Carbon Renovations; provided further that not less than $300,000,000 shall be transferred to the Zero Carbon Renovation Fund …………$300,000,000
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An Act relative to the use of food security infrastructure grants
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S2366
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SD2334
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T16:01:15.597'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T16:01:15.5966667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-27T09:43:17.27'}]
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2366) of Bruce E. Tarr and F. Jay Barrows for legislation relative to the use of food security infrastructure grants. Joint Ways and Means.
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Line item 1599-6078 of section 2A of chapter 268 of the acts of 2022 is hereby amended by inserting at the end thereof after the word “grants” the following:- “; provided further half of the total amount of funds appropriated for food security infrastructure grants shall be spent on physical infrastructure projects to benefit the commercial seafood and agricultural industries. Physical infrastructure projects eligible shall include, but not be limited to, on-vessel based and land-based automatic processing machines; refrigerated vehicles and storage facilities; on-vessel and land-based implementations to upgrade energy efficiency, lower carbon footprints, and improve operational efficiencies; wash and pack stations; agricultural storage facilities; high tunnels and greenhouses; implementations to upgrade energy efficiency, lower carbon footprints, and improve operational efficiencies of irrigation, tractors and like implements.
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An Act relative to third party delivery data reporting
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S2367
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SD2241
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-20T14:29:39.877'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-20T14:29:39.8766667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T14:07:03.67'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2367) of Brendan P. Crighton and James B. Eldridge for legislation relative to third party delivery data reporting. Transportation.
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SECTION 1. Section 1 of Mass General Laws Chapter 159B is amended by adding the following definitions:
“Third Party Delivery Provider”, a delivery service on which a customer can view items for sale and place an online order for the delivery or same-day pick-up of food or eligible retail goods, operated by a party that does not own the food service establishment.
“Third Party Delivery Driver”, any person contracted by a third party delivery provider, for compensation, to deliver goods over irregular routes, to and from various points within the commonwealth, not based upon a predetermined schedule, and from different establishments.
SECTION 2. Said chapter 159B is hereby further amended by adding the following section:-
Section 13. (a) On the first day of each month, each third party delivery provider shall submit to the division, in a format approved by the division, data related to each delivery provided in the month prior to the previous month and shall include:
(i) (A) the mode of transportation for each delivery order, including but not limited to, motorcycle, electric motorcycle, moped, electric moped, bicycle, electric bicycle, micro-mobility, or other vehicle. If the delivery order is completed by a vehicle, they shall include whether the vehicle is propelled by internal combustion, battery-sourced electricity or a hybrid; (B) the latitude and longitude for the points of the delivery order origination and delivery order termination, calculated to 0.001 decimal degrees; (C) the date and time of the origination and termination, calculated to the nearest minute; (D) the total cost paid by the buyer for the delivery order; (E) the total cost paid by the restaurant or retail establishment for the delivery order; (F) the customer service fee ; (G) the delivery fee; (H) the universally-unique identifier associated with the third party delivery driver; (I) the third party delivery driver’s city or town of residence as appearing on the driver’s license; (J) whether there were any driver or buyer-initiated cancellations; (K) the total time that the third party delivery driver spent on the way to pick up the delivery order by increments of 60 seconds; (L) the total time that the third party delivery driver spent stopped to pick up the delivery order by increments of 60 seconds; (M) the total time that the third party delivery driver spent driving to deliver the order by increments of 60 seconds; (N) the total time that the third party delivery driver spent delivering the order by increments of 60 seconds;
(ii) for all vehicles, third party delivery providers shall include (A) the vehicle license plate; (B) the vehicle make, model, year and, if available, trim; (C) the vehicle identification number; (D) the total number of minutes and miles while the vehicle was driving to pick up third party delivery orders; (D) the total number of minutes parked while picking up third party delivery orders; (E) the total number of minutes and miles while the vehicle was engaged in third party deliveries; (G) the total number of minutes while parked delivering third party delivery orders; (F) the total number of minutes and miles while the vehicle was logged into the third party delivery provider’s digital network for purposes of accepting a delivery order; (G) the geographic position of the vehicle while logged into the third party delivery network, provided at intervals of not less than every 60 seconds;
(iv) for each accident or crash involving a third party delivery driver while logged into the third party delivery vehicle’s digital network: (A) the latitude and longitude of the location of the accident or crash, calculated to 0.001 decimal degrees; (B) the date and time of the accident or crash, calculated to the nearest minute; and (C) the universally-unique identifier associated with the third party delivery driver.
(b) The division shall obtain additional data from third party delivery providers for the purposes of congestion management, which may include, but shall not be limited to: (i) the total number of third party delivery drivers that utilized the third party delivery vehicle’s digital network within specified geographic areas and time periods as determined by the division; (ii) the total time spent and total miles driven by third party delivery drivers in such geographic areas or time periods as determined by the division: (A) while engaged in driving on the way to pick up a delivery order; (B) while picking up a delivery order from a restaurant or retail establishment; (C) while engaged in driving to deliver a delivery order; or (D) while delivering an order to the buyer.
The division shall promulgate regulations relative to data collection pursuant to this subsection prior to obtaining the data.
(c) Annually, not later than June 30, the division shall post on its website, in aggregate form, the total number of deliveries provided by all third party delivery providers that originated in each city or town, each city or town where the deliveries originating in each city or town terminated and the average miles and minutes of the deliveries that originated in each city or town and terminated in each other respective city or town.
(d) For the purposes of congestion management, transportation planning, or emissions tracking, the division may enter into confidential data-sharing agreements to share de-identified, trip-level data received by the division pursuant to this section with the executive office of technology services and security, the executive office of energy and environmental affairs, the Massachusetts Department of Transportation, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the department of environmental protection, a Massachusetts regional transit authority established under section 3 of chapter 161B, a Massachusetts regional planning agency and a Massachusetts metropolitan planning organization. The division shall prescribe the form and content of a confidential data-sharing agreement, the manner of transmitting the information and the information security measures that must be employed by any entity receiving the data. Any confidential data-sharing agreement shall specify that the information provided by the division shall be aggregated and de-identified and may be used only for the purposes set forth in the agreement. Any data received by an entity from the division through a confidential data-sharing agreement under this subsection shall not be considered a public record under clause Twenty-sixth of section 7 of chapter 4 or chapter 66 and shall not be disclosed to any person or entity other than those listed or described in the confidential data-sharing agreement; provided, however, that a state or municipal government agency or transportation planning entity may disclose conclusions and analyses derived from the information and data received pursuant to a confidential data-sharing agreement.
(e) A violation of the terms of a confidential data-sharing agreement by an entity listed in subsection (d) may result in the division declining to enter into future confidential data-sharing agreements with the violating entity and in the termination of any existing data-sharing agreement with the entity. The division shall notify each third party delivery providers whose data was shared in violation of the terms of a confidential data-sharing agreement of the violating entity and what data was shared. An entity listed in subsection (d) that violates the terms of a confidential data-sharing agreement shall delete all data received as a result of the confidential data-sharing agreement.
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An Act relative to property tax deferral for seniors in the city of Taunton
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S2368
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SD2467
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-21T11:02:02.693'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-21T11:02:02.6933333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-21T11:16:25.14'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-02-21T11:16:25.14'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-02-21T11:16:25.14'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2368) of Marc R. Pacheco, Carol A. Doherty, Patricia A. Haddad and Norman J. Orrall (with approval of the mayor and city council) for legislation relative to property tax deferral for seniors in the city of Taunton. Revenue. [Local approval received]
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SECTION 1. Notwithstanding clause Forty-first A of section 5 of chapter 59 of the General Laws, or any other general or special law to the contrary, and subject to sections 2 to 5, inclusive thereof, the board of assessors of the city of Taunton shall defer the real estate property tax payment for property of a person 60 years of age or older and occupied as their domicile, or a person who owns the same jointly with a spouse, either of whom is 60 years of age or older and occupied as their principal domicile, or of a person who owns the same jointly or is a tenant in common with another person to whom they are not married and is occupied as their principal domicile, if the person claiming the deferral either alone or together with their spouse had combined income during the preceding tax year of an amount not to exceed the income established by the board of assessors, provided that such person has owned and occupied as their domicile such real property in the city for 5 years or is a surviving spouse who inherits such real property and has occupied such real property as their domicile in the city for 5 years and who otherwise qualifies under this act.
SECTION 2. Any such person may, on or before December 15 of each year to which the tax relates or within 3 months after the date on which the bill or notice is first sent, whichever is later, apply to the board of assessors for a deferral of all or part of such real property from taxation during such year; provided, however, that in the case of real estate owned by a person jointly or as a tenant in common with a person not their spouse, a deferral shall not exceed that proportion of total valuation which the amount of their interest in such property bears to the whole tax due. The board of assessors shall grant such deferral provided that the owner or owners of such real property have entered into a tax deferral and recovery agreement with the board of assessors on behalf of the city.
The agreement shall provide that:
(1) no sale or transfer of such real property may be consummated unless the taxes which would otherwise have been assessed on such portion of the real property as is so exempt have been paid, with interest at the rate of 4 per cent per annum for the first year and at an annual rate set thereafter by the board of assessors provided that the rate set by the board of assessors shall never exceed 4 per cent per annum;
(2) the total amount of such taxes due, plus interest, for the current and prior years does not exceed 50 per cent of the owner's proportional share of the full and fair cash value of such real property;
(3) upon the demise of the owner of such real property, the heirs-at-law, assignees or devisees shall have first priority to the real property by paying in full the total taxes which would otherwise have been due, plus interest; provided, however, that if such heir-at-law, assignee or devisee is a surviving spouse who enters into a tax deferral and recovery agreement under this clause, payment of the taxes and interest due shall not be required during the life of such surviving spouse. Any additional taxes deferred, plus interest, on the real property under a tax deferral and recovery agreement signed by a surviving spouse shall be added to the taxes and interest which would otherwise have been due, and the payment of which has been postponed during the life of such surviving spouse, in determining the 50 per cent requirement of subparagraph (2);
(4) if the taxes due, plus interest, are not paid by the heir-at-law, assignee or devisee or if payment is not postponed during the life of a surviving spouse, such taxes and interest shall be recovered from the estate of the owner; and
(5) any joint owner or mortgagee holding a mortgage on such property has given written prior approval for such agreement, which written approval shall be made a part of such agreement.
SECTION 3. In the case of each tax deferral and recovery agreement entered into between the board of assessors and the owner or owners of such real property, the board of assessors shall forthwith cause to be recorded in the registry of deeds of the county or district in which the city is situated a statement of their action which shall constitute a lien upon the land covered by such agreement for such taxes as have been assessed under this act, plus interest as hereinafter provided. A lien filed pursuant to this act shall be subsequent to any liens securing a reverse mortgage, excepting shared appreciation instruments. The statement shall name the owner and shall include a description of the land adequate for identification. Unless such a statement is recorded the lien shall not be effective with respect to a bona fide purchaser or other transferee without actual knowledge of such lien. The filing fee for such statement shall be paid by the city and shall be added to and become a part of the taxes due.
SECTION 4. In addition to the remedies provided by this act, the recorded statement of the assessors provided for in this act shall have the same force and effect as a valid taking for nonpayment of taxes under section 53 of chapter 60 of the General Laws, except that: (1) interest shall accrue at the rate provided in this act until the conveyance of the property or the death of the person whose taxes have been deferred, after which time interest shall accrue at the rate provided in section 62 of said chapter 60; (2) no assignment of the municipality's interest under this act may be made pursuant to section 52 of said chapter 60; and (3) no petition under section 65 of said chapter 60 to foreclose the lien may be filed before the expiration of 6 months from the conveyance of the property or the death of the person whose taxes have been deferred.
SECTION 5. This act shall take effect upon its passage.
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[{'Description': 'SD2467 -- Taunton', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16111&title=SD2467%20--%20Taunton'}]
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An Act relative to the retirement of Greg Heath, a former firefighter of the city of Westfield
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S2369
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SD2481
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-03-01T13:27:11.533'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-03-01T13:27:11.5333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2369/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2369) of John C. Velis (with approval of the mayor and city council) for legislation relative to the retirement of Greg Heath, a former firefighter of the city of Westfield. Public Service. [Local approval received]
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SECTION 1. Notwithstanding chapter 32 of the General Laws or any other general or special law to the contrary the Westfield retirement board shall retire Greg Heath under section 7 of chapter 32 based upon any condition of impairment of health caused by Parkinson's Disease which it determines was incurred as a result of his employment.
SECTION 2. The payments provided for in this act shall only be made after said member has been examined by a medical panel, pursuant to section 6 of chapter 32 of the General Laws, which has certified by a majority of the medical panel physicians that said member is mentally or physically incapacitated from further duty, that such incapacity is likely to be permanent, and that such incapacity is such as might be the natural and proximate result of Parkinson's Disease; provided, however, that the public employee retirement administration commission may, upon request, waive such medical panel examination if the member has previously been examined by a medical panel and is receiving a disability benefit as of the effective date of this act. The commission shall promptly notify the retirement system of such waiver.
SECTION 3. This act shall take effect upon September 26, 2020.
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[{'Description': 'SD2481 -- Westfield', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16163&title=SD2481%20--%20Westfield'}]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}]
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An Act to invest in Massachusetts citizens
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S237
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SD479
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:20:08.73'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:20:08.73'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S237/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 237) of Patrick M. O'Connor for legislation to invest in Massachusetts citizens. Economic Development and Emerging Technologies.
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The Commonwealth, through the Executive Office of Housing and Economic Development, shall institute a pilot program to offer a competitive grant program for startup companies owned by Massachusetts residents and business owners. For the purposes of this section, “startup company” shall be defined as a newly emerged business venture that aims to develop a viable business model to meet a marketplace need. The pilot program shall aim to provide ten grants totaling $500,000 to eligible startup companies who apply for the grant. The Executive Office of Housing Economic Development shall promulgate parameters of eligibility and guidelines for application to the grant program, provided that the program be open for application no later than December 1, 2024, and the funding be awarded to selected winners no later than July 1, 2025. The Executive Office of Housing an Economic Development shall submit a report to the Clerks of the House and Senate detailing the progress of the pilot program as well as the economic consequences of the grants on the recipient startup companies no later than July 1, 2026.
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An Act authorizing the city of Somerville to continue the employment of Charles J. Femino as acting Chief of Police
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S2370
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SD2489
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T13:35:23.833'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T13:35:23.8333333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-03-21T15:33:40.5666667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-03-21T14:38:26.83'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-03-27T09:52:00.27'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2370/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 2370) of Patricia D. Jehlen (with approval of the mayor and city council) for legislation to authorize the city of Somerville to continue the employment of Charles J. Femino as acting Chief of Police. Public Service. [Local approval received]
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SECTION 1. Notwithstanding any general or special law to the contrary, Charles J. Femino, Acting Chief of Police of the City of Somerville, who had previously retired and has currently waived his retirement allowance pursuant to G. L. c. 32, § 90B, while working as the Acting Chief, may continue to serve in such position until the date on which a permanent Police Chief is appointed, he is relieved of his duties by the mayor, or he reaches the age sixty-seven, whichever occurs first; provided, however, that he is mentally and physically capable of performing the duties of such position. The mayor may, at the expense of the city, require him to be examined by an impartial physician designated by the mayor to determine such capability. No further deductions shall be made from the regular compensation of Charles J. Femino under Chapter 32 of the General Laws for any service performed subsequent to his reaching age 65 and upon retirement Charles J. Femino shall resume a superannuation retirement allowance equal to that of his pre waiver rate.
SECTION 2. This act shall take effect upon its passage.
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[{'Description': 'SD2489 -- Somerville', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16161&title=SD2489%20--%20Somerville'}]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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An Act authorizing the town of Rutland to increase the membership of the board of selectmen
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S2371
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SD2499
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-03-08T09:49:00.473'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-03-08T09:49:00.4733333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-03-08T09:50:18.0633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2371/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2371) of Anne M. Gobi and Kimberly N. Ferguson (by vote of the town) for legislation to authorize the town of Rutland to increase the membership of the board of selectmen from 3 members to 5 members. Municipalities and Regional Government. [Local approval received]
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SECTION 1. Notwithstanding the provisions of section 1 of chapter 41 or of any general or special law to the contrary, there shall be in the town of Rutland a 5-member select board, with each member to be elected for terms of three years so arranged so that the term of at least 1 member shall expire each year. The select board, as the chief executive officer of the town, shall have the powers and duties of a board of selectmen under the provisions of any general or special law.
SECTION 2. Notwithstanding the provisions of section 21 or 69D of chapter 41 of the general laws, or any general or special law to the contrary, there shall be in the Town of Rutland a 5-member board of public works. the select board shall serve as the board of public works and have all the powers and duties of a board of public works under the provisions of any general or special law.
SECTION 3. Notwithstanding section 21 of chapter 40 of the general laws, the town clerk, following consultation with the select board, shall replace any reference in the general bylaws from: "board of selectmen" to "select board"; "selectman" to "select board member"; "chairman" to "chair" and to make such other grammatical changes as may be necessary and appropriate.
SECTION 4. Action taken by the select board, board of public works, and the town meeting increasing the size of the select board and authorizing the select board to act as the board of public works shall hereby be ratified, validated, and confirmed to the same extent as if the act had been in place prior thereto.
SECTION 5. Members of the select board serving as of the effective date of this act shall continue to serve out the remainder of their unexpired terms or sooner vacating of the office.
SECTION 6. This act shall take effect upon its passage.
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[{'Description': 'SD2499 -- Rutland', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16212&title=SD2499%20--%20Rutland'}, {'Description': 'S2371 -- Rutland', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16918&title=S2371%20--%20Rutland'}]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'S31', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S31'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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[{'AmendmentNumber': '1', 'ParentBillNumber': 'S2371', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2371/Branches/House/Amendments/1/'}]
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An Act establishing a sick leave bank for Meredith Mingolelli-Cotter
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S2372
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SD2453
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-23T18:22:37.257'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-23T18:22:37.2566667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-30T17:06:13.3866667'}]
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 2372) (subject to Joint Rule 12) of Edward J. Kennedy and Margaret R. Scarsdale for legislation to establish a sick leave bank for Meredith Mingolelli-Cotter. The Judiciary.
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Notwithstanding any general or special law to the contrary, the trial court of the commonwealth shall establish a sick leave bank for Meredith Mingolelli-Cotter, an employee of the trial court. Any employee of the trial court may voluntarily contribute 1 or more sick, personal or vacation days to the sick leave bank for use by Meredith Mingolelli-Cotter. If Meredith Mingolelli-Cotter terminates employment with the trial court or requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred to the trial court paid leave bank. Sick leave bank days shall not be used for absences unrelated to the illness or disability that necessitated the establishment of the sick leave bank as determined by the trial court.
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}, {'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'S31', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S31'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}]
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[{'AmendmentNumber': '1', 'ParentBillNumber': 'S2372', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2372/Branches/Senate/Amendments/1/'}]
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Termination of Public Health Emergency
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S2373
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SD2514
| 193
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{'Id': 'GOV7', 'Name': 'Maura T. Healey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/GOV7', 'ResponseDate': '2023-03-20T09:09:29.823'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2373/DocumentHistoryActions
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Governor's Message (Communication)
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Senate, January 5, 2023 -- Communication from Her Excellency the Governor, Maura T. Healey, relative to the termination of Public Health Emergency
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[]
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[]
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An Act securing environmental justice in the city of Boston
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S2374
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SD2508
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-15T17:56:59.863'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-15T17:56:59.8633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2374/DocumentHistoryActions
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 2374) of Lydia Edwards (with approval of the mayor and city council) for legislation relative to the promulgation of zoning rules and regulations in the city of Boston. Municipalities and Regional Government. [Local approval received]
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SECTION 1. Section 6 of Chapter 665 of the Acts of 1956, as amended, is hereby amended by striking out the section in its entirety and inserting in place thereof the following section:-
The Boston Zoning Commission shall in consultation with the state Environmental Advisory Council, Public Service Corporations, environmental justice advocates within one calendar year of enactment of this section, promulgate zoning rules and regulations to govern the review of filings petitions or proposals by public service corporations and the standards for environmental justice enforcement within the City of Boston’s building code.
SECTION 2. Section 7 of Chapter 665 of the Acts of 1956, as amended, is hereby amended by inserting at the conclusion of Section 7 of the following paragraph:-
Upon a determination that a use or a proposed use of a building structure, facility, or land in the City of Boston would impede the attainment of environmental rights afforded to residents of the Commonwealth pursuant to Article XCVII of the Massachusetts Constitution, or prevent the implementation of the Environmental Justice principles as defined in Chapter 8 of the Acts of 2021, or prevent the preservation and protection of the rights in tidelands of the inhabitants of the Commonwealth as defined in Chapter 91 of the General Laws, the Building Commissioner shall indicate the purpose, rationale, conditions and duration or permanency of such order, and provide instruction to public officers concerning the suspension or rescission of any permit, license or authorization associated with such use or proposed use. The Building Commissioner shall within one year of enforcement, submit a report that at the very minimum summarizes the enforcement process, number of complaints, any disparities, information about repeat offenders. This report shall be made public and presented to the City Council.
SECTION 3. The provisions of this ordinance are severable and if any provision, or portion thereof, should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect the remaining provisions, which remain in full force and effect.
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[{'Description': 'S2374 -- Boston', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16270&title=S2374%20--%20Boston'}]
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An Act financing improvements to municipal roads and bridges
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S2375
| 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': '2023-03-27T17:10:19.633'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2375/DocumentHistoryActions
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Amendment
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Senate, March 27, 2023 -- The committee on Senate Ways and Means, to whom was referred the House Bill financing improvements to municipal roads and bridges (House, No. 3547); 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 2375.
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SECTION 1. To provide for a program of transportation development and improvements, the sum set forth in section 2 for the several purposes, and subject to the conditions specified in this act, is hereby made available, subject to the laws regulating the disbursement of public funds. The sum made available in this act shall be in addition to any amounts previously appropriated or made available for these purposes.
SECTION 2.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Highway Division
6122-2127 For the construction and reconstruction of municipal ways as described in clause (b) of the second paragraph of section 4 of chapter 6C of the General Laws; provided, that a city or town shall comply with the procedures established by the Massachusetts Department of Transportation; provided further, that a city or town may expend, without further appropriation, for these projects amounts not in excess of the amount provided to the city or town under this item upon preliminary notice of such amount, which shall be provided by the department to the city or town not later than March 1 of each year; and provided further, that the commonwealth shall reimburse a city or town under this item, subject to the availability of funds as provided in section 9G of chapter 29 of the General Laws, within 30 days after receipt by the department of a request for reimbursement from the city or town, which request shall include certification by the city or town that actual expenses have been incurred on projects eligible for reimbursement under this item and that the work has been completed to the satisfaction of the city or town according to the specifications of the project and in compliance with applicable laws and procedures established by the department...................................................................$200,000,000
6122-2128 For the construction and reconstruction of municipal ways as described in clause (b) of the second paragraph of section 4 of chapter 6C of the General Laws; provided, that funds shall be distributed to municipalities based on a formula established by the Massachusetts Department of Transportation; provided further, that the department shall establish said formula based on road mileage and population density with prioritization given to municipalities with low population density; and provided further, that not less than 30 days prior to the awarding of funds from this item, the department shall submit the distribution formula to the joint committee on transportation and the house and senate committees on ways and means…………………………………….$25,000,000
SECTION 3. Item 6121-2118 of section 2B of chapter 383 of the acts of 2020 is hereby amended by striking out the figure “$125,000,000”, inserted by section 4 of chapter 89 of the acts of 2022, and inserting in place thereof the following figure:- $150,000,000.
SECTION 4. Item 6121-2138 of said section 2B of said chapter 383 is hereby amended by striking out the figure “$80,000,000”, inserted by section 5 of said chapter 89, and inserting in place thereof the following figure:- $105,000,000.
SECTION 5. Item 6921-2111 of section 2I of said chapter 383 is hereby amended by striking out the figure “$75,000,000”, inserted by section 6 of said chapter 89, and inserting in place thereof the following figure:- $100,000,000.
SECTION 6. Item 6921-2112 of said section 2I of said chapter 383 is hereby amended by striking out the figure “$75,000,000”, inserted by section 7 of chapter 89 of the acts of 2022, and inserting in place thereof the following figure:- $100,000,000.
SECTION 7. Item 6921-2114 of said section 2I of said chapter 383 is hereby amended by striking out the figure “$50,000,000”, inserted by section 8 of chapter 25 of the acts of 2021, and inserting in place thereof the following figure:- $75,000,000.
SECTION 8. Section 33 of said chapter 383 is hereby amended by striking out the figure “$2,145,000,000”, inserted by section 8 of chapter 89 of the acts of 2022, and inserting in place thereof the following figure:- $2,195,000,000.
SECTION 9. Section 40 of said chapter 383 is hereby amended by striking out the figure “$2,315,698,500”, inserted by section 9 of said chapter 89, and inserting in place thereof the following figure:- $2,390,698,500.
SECTION 10. To meet the expenditures necessary in carrying out section 2, the state treasurer shall, upon request of 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, $225,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Commonwealth Transportation Improvement 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 under section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2058, pursuant to said section 3 of said Article LXII. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Notwithstanding any other general or special law to the contrary, bonds issued under this section and interest thereon shall be general obligations of the commonwealth.
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[{'AmendmentNumber': '1', 'ParentBillNumber': 'S2375', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2375/Branches/Senate/Amendments/1/'}, {'AmendmentNumber': '2', 'ParentBillNumber': 'S2375', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2375/Branches/Senate/Amendments/2/'}, {'AmendmentNumber': '3', 'ParentBillNumber': 'S2375', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2375/Branches/Senate/Amendments/3/'}]
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An Act establishing a sick leave bank for Christopher Trigilio, an employee of the trial court of the commonwealth
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S2376
| null | 193
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T01:46:02.8466667'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-20T01:46:02.8933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2376/DocumentHistoryActions
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Bill
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Senate, March 30, 2023 -- Text of the Senate bill establishing a sick leave bank for Christopher Trigilio, an employee of the trial court of the commonwealth (being the text of Senate, No. 1105, printed as amended)
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Notwithstanding any general or special law to the contrary, the trial court of the commonwealth shall establish a sick leave bank for Christopher Trigilio, an employee of the trial court. Any employee of the trial court may voluntarily contribute 1 or more sick, personal or vacation days to the sick leave bank for use by Christopher Trigilio. If Christopher Trigilio terminates employment with the trial court or requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred to the trial court paid leave bank. Sick leave bank days shall not be used for absences unrelated to the illness or disability that necessitated the establishment of the sick leave bank as determined by the trial court.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for a certain employee of the trial court of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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[{'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Special Report', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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An Act establishing a sick leave bank for Meredith Mingolelli-Cotter, an employee of the trial court of the commonwealth
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S2377
| null | 193
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-23T18:22:37.2566667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-30T17:06:13.3866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2377/DocumentHistoryActions
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Bill
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Senate, March 30, 2023 -- Text of the Senate bill establishing a sick leave bank for Meredith Mingolelli-Cotter, an employee of the trial court of the commonwealth (being the text of Senate, No. 2372, printed as amended)
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Notwithstanding any general or special law to the contrary, the trial court of the commonwealth shall establish a sick leave bank for Meredith Mingolelli-Cotter, an employee of the trial court. Any employee of the trial court may voluntarily contribute 1 or more sick, personal or vacation days to the sick leave bank for use by Meredith Mingolelli-Cotter. If Meredith Mingolelli-Cotter terminates employment with the trial court or requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred to the trial court paid leave bank. Sick leave bank days shall not be used for absences unrelated to the illness or disability that necessitated the establishment of the sick leave bank as determined by the trial court.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for a certain employee of the trial court of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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[{'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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Majority Report on the Governor’s Reorganization Plan No. 1 of 2023 (submitted by the Governor under the provisions of Article LXXXVII of the Amendments to the Constitution) relative to creating the executive office of housing and livable communities and to rename the Executive Office of Economic Development (House, No. 43)
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S2378
| null | 193
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-04-04T12:21:07.8566667'}]
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Majority/Minority Report
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An Act exempting Barbara Killeen from certain requirements of the retired municipal teacher program
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S2379
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SD2507
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-15T12:07:54.903'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-15T12:07:54.9033333'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-03-15T12:09:37.6066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2379/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2379) (subject to Joint Rule 12) of Joanne M. Comerford and Natalie M. Blais for legislation to exempt Barbara Killeen from certain requirements of the retired municipal teacher program. Public Service.
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Notwithstanding sections 12 and 13 of chapter 32A of the General Laws or any other general or special law to the contrary, Barbara Killeen, a retired teacher from the Pioneer Valley regional school district, her dependents and surviving spouse, shall be eligible to receive health insurance coverage from the group insurance commission pursuant to said chapter 32A, regardless of whether she was enrolled in her local governmental unit life and health coverage on the day of her retirement; provided, however, that Barbara Killeen shall comply with the rate, contribution and other applicable requirements set under said chapter 32A and under the group insurance commission’s regulations governing the commission’s health coverage for retired municipal teachers.
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}, {'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}]
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An Act protecting the Commonwealth’s gaming industry
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S238
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SD1438
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T15:36:39.877'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T15:36:39.8766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S238/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 238) of Rebecca L. Rausch for legislation to protect the Commonwealth’s gaming industry. Economic Development and Emerging Technologies.
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SECTION 1: Notwithstanding the provision of any General or Special Law to the contrary, Chapter 23K of the General Laws as appearing in the 2020 Official Edition is hereby amended as follows:-
In section 2 by striking the definition of “Category 2 license” and replacing with the following new definition:
“Category 2 license” a license issued by the Commission that permits the licensee to operate a gaming establishment with no table games and not more than 1,250 slot machines, except as may otherwise be determined by the Commission subject to the provisions of this Chapter.
In section 11 by adding the following new subsection:
(d) 1. The Commission may and shall be empowered to consider the benefit to the Commonwealth, community and surrounding communities of allowing the Category 2 licensee to host up to 30 table games and an additional 250 slot machines. Prior to the entertainment of any such consideration the Commission shall require that:
i. The licensee has requested such consideration.
ii. The Mayor and City Council or Board of Selectmen and Town Meeting of the category 2 licensee host community have approved and certified approval of such consideration.
(d) 2. Upon such requests for consideration, the Commission may authorize, in its absolute and sole discretion, the category 2 licensee to host from 1-30 table games and/or an additional 1-250 slot machines if, after 2 public hearings, one of which shall take place in the category 2 host community the Commission has found and determined that:
i. the licensee request meets the applicable requirements of Section 9 of this Chapter and
ii. that the Commission’s authorization is in the Commonwealth’s best interests.
SECTION 2: Any authorization made by the Commission as a result of the provisions of this Chapter shall in no way constitute licensure and shall terminate if the Category 2 licensee is not renewed subject to the provisions of section 20 (f) of said Chapter 23K, is terminated, surrendered or suspended.
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An Act authorizing additional licenses for the sale of alcoholic beverages to be drunk on the premises in Boston
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S2380
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SD2566
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-04-12T10:30:41.75'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-04-12T10:30:41.75'}]
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 2380) of Liz Miranda (with approval of the mayor and city council) for legislation to authorize additional licenses for the sale of alcoholic beverages to be drunk on the premises in Boston. Consumer Protection and Professional Licensure. [Local approval received]
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SECTION 1. Notwithstanding Section 17 of chapter 138 of the General Laws or any other law, rule, regulation, or provision to the contrary, the licensing board for the City of Boston may grant up to three non-transferable restricted licenses for the sale of all alcohol, and up to two non-transferable restricted licenses for the sale of wines and malt beverages annually for a period of five years beginning in the year that this act has passed in each of the ZIP codes of 02119, 02121, 02122, 02124, 02125, 02126, 02128, 02131, 02132, and 02136 for the sale of alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138. Licenses shall remain available until granted. A license not granted by the board in a given year by this act will be rolled over to the following year until all such licenses are distributed under this act.
SECTION 2. A license granted under this act, if canceled or revoked, shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing board and the licensing board may then grant that license to a new applicant in the same ZIP Code where the original license was granted.
SECTION 3. The provisions of this act shall be effective upon passage.
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[{'Description': 'S2380 -- Boston', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16444&title=S2380%20--%20Boston'}]
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An Act establishing boxer protection
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S2381
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SD2511
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-16T13:20:50.91'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-16T13:20:50.91'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2381/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill) (subject to Joint Rule 12) of Michael D. Brady for legislation to establish boxer protection and a safe and regulated environment for professional combat sports in Massachusetts. Public Safety and Homeland Security.
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SECTION 1. Section 12 of Chapter 22 of the General Laws, as amended by section 28 of chapter 39 of the acts of 2021, is hereby repealed.
SECTION 2. Section 4 of chapter 23K of the General Laws, as amended by section 4 of chapter 173 of the acts of 2022, is hereby amended by adding the following clause:-
43) oversight and regulation of the state athletic commission as established in section 32A of chapter 147.
SECTION 3. Chapter 29 of the General Laws is hereby amended by striking out section 2AAAA, as amended by section 34 of chapter 39 of the acts of 2021, and inserting in place thereof the following section:-
Section 2AAAA. There shall be established and set up on the books of the commonwealth a separate fund to be known as the State Athletic Commission Fund, in this section referred to as the fund, to be administered by the Massachusetts gaming commission, established in section 32A of chapter 147. The fund shall consist of any monies from licensing fees or other fees and fines collected under sections 32 to 35, inclusive, sections 40, 40A and 42 of chapter 147 and section 12 of chapter 265. The comptroller shall transfer $750,000 each fiscal year to the fund and such amount shall not be subject to further appropriation. The funds shall be available for the costs of operating and administering the state athletic commission. For the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the state athletic commission may incur expense and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.
SECTION 4. Section 32 of chapter 147 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 7 and 8, the words “section 12 of chapter 22” and inserting in place thereof the following words:- section 32A.
SECTION 5. Said chapter 147, as so appearing, is hereby amended by inserting after section 32 the following section:-
Section 32A. (a) For the purposes of this section the following term shall, unless the context clearly requires otherwise, have the following meaning:
“Background”, a minimum of 10 years of documented experience in professional unarmed combative sports including, but not limited to: a professional combatant, a licensed promoter, a licensed manager, a licensed referee, a licensed judge or regulator.
(b)(1) There shall be in the Massachusetts gaming commission a commission, to be known as the state athletic commission, which shall consist of the chair of the Massachusetts gaming commission or their designee and 4 persons to be appointed by the governor who shall serve for terms of 3 years. At least 1 person shall have a background in the sport of boxing and at
least 1 person shall have a background in the sport of mixed martial arts, muay thai or kickboxing. The governor shall from time to time designate 1 member as chair.
(2) The commission shall appoint an executive director. The executive director shall: (i) serve at the pleasure of the commission; (ii) receive a salary as may be determined by the commission; (iii) devote their full time and attention to the duties of the commission; (iv) be a person with skills and experience in management; (v) be the executive and administrative head of the commission; (vi) be responsible for administering and enforcing the provisions of law relative to the commission and to each administrative unit thereof; (vii) have the authority to hire staff that will serve at the pleasure of the commission; and (viii) have a background in the sport of boxing, mixed martial arts, muay thai or kickboxing.
(3) The members of the commission shall receive their traveling expenses necessarily incurred in the performance of their duties and shall be allowed such sums for clerical assistance as the commission may approve. The Massachusetts gaming commission shall provide administrative support to the commission. The commission may deputize 1 or more persons to represent the commission and to be present at a match or exhibition held under sections 32 to 51, inclusive, of chapter 147; provided, however, that such deputies shall be compensated in the amount fixed by the commission for each match or exhibition attended pursuant to this section; provided further, that the commission may approve that deputies receive compensation for travel and incidental expenses necessarily incurred in the discharge of their duties.
SECTION 6. Said chapter 147 is hereby amended by striking out section 34, as so appearing, and inserting in place thereof the following section:-
Section 34. No license as aforesaid shall be granted unless the licensee has executed and filed with the commission a bond in a penal sum of $50,000, with such surety or sureties as shall be satisfactory to the commission, running to the commission, conditioned upon the payment to the commonwealth of the sums mentioned in section 40, and upon faithful compliance by the licensee with the provisions of sections 32 to 47, inclusive, the rules and regulations of the commission, and with such other laws of the commonwealth as may be applicable to anything done by the licensee in pursuance of the license. The commission may enforce the terms of the bond for the use and benefit of any person who may suffer loss by reason of the failure by the licensee to carry out terms of the bout agreement or due to acts of the licensee determined to be detrimental to combat sports. The bond shall also provide for a forfeiture to the commonwealth, recoverable at the suit of the attorney general, of such sum, not exceeding $10,000, as may be stipulated in the bond for each case of non-compliance.
SECTION 7. Said chapter 147 is hereby amended by striking out section 36, as so appearing, and inserting in place thereof the following section:-
Section 36. (1) At every boxing, kickboxing, mixed martial arts or other unarmed combative sporting event, sparring match or exhibition there shall be in attendance a referee, duly licensed under this section and sections 35 and 35A. There shall also be in attendance at least 3 duly-licensed judges, each of whom shall, at the termination of a match or exhibition, vote for the contestant in whose favor the decision should, in their opinion, be rendered or, for a draw if, in their opinion, neither contestant is entitled to a decision in their favor and the decision shall be rendered in favor of the contestant receiving a majority of the votes or, if neither receives a majority as aforesaid, a decision of a draw shall be rendered. Upon the rendering of a decision, the vote of each judge shall be announced from the ring. The referee shall have full power to stop the match or exhibition whenever they deem it advisable because of the physical condition of a contestant or when 1 contestant is clearly outclassed by their opponent or for other sufficient reason.
(2) The commission shall set forth rules and regulations for contracts between a manager and an unarmed combatant and contracts between a promoter and an unarmed combatant. An unarmed combatant may not enter into a contract with a manager or a promoter unless it is filed with the commission prior to a scheduled contest in an amount time set forth by the commission. The commission shall only honor a contract that is executed and notarized on a form provided by the commission, unless the terms of the contract comply with the requirements set forth by the commission.
(3) The commission shall be the sole arbiter of a breach of contract and may establish rules governing breach of contract dispute resolution. If during a contest, a contestant is believed to not be competing in good faith, a member of the commission or their designee shall withhold any prize, remuneration or purse until a hearing can be held. The commission shall at a hearing following the contest declare forfeited any prize, remuneration or purse or any part thereof, belonging to a contestant if, in the judgment of a majority of the commissioners, after consultation with the judges and the referee, the contestant was not competing in good faith.
(4) Whoever violates any provisions in sections 32 to 51, inclusive, or who conducts themselves at any time or place in a manner which is deemed by the commission to reflect discredit to any unarmed combative sports, may have their license revoked and fined, suspended or otherwise disciplined in such manner as the commission may direct.
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}]
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An Act establishing a sick leave bank for Amelia Alex, an employee of the Department of Social Services
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S2382
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SD2560
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-10T15:55:44.487'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-10T15:55:44.4866667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-04-10T16:14:33.7733333'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill) (subject to Joint Rule 12) of Brendan P. Crighton and Jennifer Balinsky Armini for legislation to establish a sick leave bank for Amelia Alex, an employee of the Department of Social Services. Public Service.
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Notwithstanding any general or special law to the contrary, the Department of Social Services shall establish a sick leave bank for Amelia Alex, an employee of the Department of Social Services for the Commonwealth of Massachusetts. Any employee of the Department of Social Services may voluntarily contribute 1 or more sick, personal or vacation days to the sick leave bank for use by Amelia Alex. If Amelia Alex terminates employment with the Department of Social Services or requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred to the Department of Social Services paid leave bank. Sick leave bank days shall not be used for absences unrelated to the illness or disability that necessitated the establishment of the sick leave bank as determined by the Department of Social Services.
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}, {'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}]
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An Act establishing a sick leave bank for Amelia Alex, an employee of the Department of Social Services
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S2383
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{'Id': 'J23', 'Name': 'Joint Committee on Public Service', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23', 'ResponseDate': '2023-04-20T12:52:56.16'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-10T15:55:44.4866667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-04-10T16:14:33.7733333'}]
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Bill
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Senate, April 24, 2023 -- The committee on Public Service, to whom was referred the petition (accompanied by bill, Senate, No. 2382) of Brendan P. Crighton and Jennifer Balinsky Armini for legislation to establish a sick leave bank for Amelia Alex, an employee of the Department of Social Services, reports the accompanying bill (Senate, No. 2383).
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Notwithstanding any general or special law to the contrary, the Department of Social Services shall establish a sick leave bank for Amelia Alex, an employee of the Department. Any employee of the department may voluntarily contribute 1 or more sick, personal or vacation days to the sick leave bank for use by Amelia Alex. If Amelia Alex terminates employment with the department or requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred to the extended illness leave bank. Sick leave bank days shall not be used for absences unrelated to the illness or disability that necessitated the establishment of the sick leave bank as determined by the department.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for a certain employee of the Department of Social Services, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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[{'Action': 'Redraft', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'S31', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S31'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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An Act relative to the appointment of special police officers in the city of Newton
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S2384
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SD2583
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-04-11T15:00:14.97'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-04-11T15:00:14.97'}, {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-04-11T15:01:17.5'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-04-11T15:01:17.5'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-04-11T15:01:17.5'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2384) of Cynthia Stone Creem, John J. Lawn, Jr., Ruth B. Balser and Kay Khan (with approval of the mayor and city council) for legislation relative to the appointment of special police officers in the city of Newton. Public Service. [Local approval received]
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SECTION 1. Section 1 of chapter 96 of the acts of 2014, as amended by chapter 266 of the acts of 2016, is hereby amended by striking out the figure “70” and inserting in place thereof the following figure:- “75”.
SECTION 2. Said section 1 of said chapter 96 of the acts of 2014, as amended by said chapter 266 of the acts of 2016, is hereby further amended by inserting after the words “Prior to appointment under this act” the following:- “, and annually thereafter unless required more often by the police chief”.
SECTION 3. Section 2 of said chapter 96 of the acts of 2014, as amended by said chapter 266 of the acts of 2016, is hereby amended by striking out the words “41, chapter 150E or chapter 151A of the General Laws” and inserting in place thereof the following:- “41 or chapter 150E of the General Laws”.
SECTION 4. Section 8 of said chapter 96 of the acts of 2014, as amended by said chapter 266 of the acts of 2016, is hereby amended by striking out the figure “70” and inserting in place thereof the following figure:- “75”.
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[{'Description': 'S2384 -- Newton', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16521&title=S2384%20--%20Newton'}]
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An Act relative to dental hygienist reciprocal licensure
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S2385
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SD2472
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-02-24T13:08:30.157'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-02-24T13:08:30.1566667'}]
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 2385) (subject to Joint Rule 12) of Susan L. Moran for legislation relative to dental hygienist reciprocal licensure. Consumer Protection and Professional Licensure.
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Section 51 of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the third paragraph, the following paragraph:-
The board may, without examination upon payment of a fee determined annually by the commissioner of administration under the provision of section three B of chapter seven, register and issue a dental hygienist license to a dentist who has been lawfully in practice for at least five years in another state, country, or province if he presents to the board a certificate of registration and duration of practice from an out-of-state board of dental examiners or other like registration entity of such state, country, or province; provided, that such other jurisdiction shall require a degree of competency as determined by the board equal to that required of applicants in this commonwealth.
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}, {'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act establishing a sick leave bank for Matt Blazes, an employee of the Worcester County Sheriff's Office
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S2386
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SD2564
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-11T16:28:50.97'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-04-11T16:28:50.97'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-04-14T16:06:02.8466667'}]
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 2386) (subject to Joint Rule 12) of Ryan C. Fattman and Joseph D. McKenna for legislation to establish a sick leave bank for Matt Blazes, an employee of the Worcester County Sheriff's Office. Public Service.
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Notwithstanding any general or special law to the contrary, the Worcester County Sheriff's Office shall establish a sick leave bank for Matt Blazes, an employee of the office. Any employee of the office may voluntarily contribute 1 or more sick, personal or vacation days to the sick leave bank for use by Matt Blazes. If Matt Blazes terminates employment with the office or requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred to the extended illness leave bank. Sick leave bank days shall not be used for absences unrelated to the illness or disability that necessitated the establishment of the sick leave bank as determined by the office.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith a sick leave bank for an employee of the Worcester County Sheriff's Office, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}, {'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'S31', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S31'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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[{'AmendmentNumber': '1', 'ParentBillNumber': 'S2386', 'Branch': 'House', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2386/Branches/House/Amendments/1/'}]
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An Act relative to appointing the town clerk of the town of Wenham
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S2387
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SD2596
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-05-04T13:51:48.093'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-05-04T13:51:48.0933333'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-05-04T14:00:06.0633333'}, {'Id': 'JAP1', 'Name': 'Jerald A. Parisella', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAP1', 'ResponseDate': '2023-05-04T14:00:06.0633333'}]
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2387) of Bruce E. Tarr, Sally P. Kerans and Jerald A. Parisella (by vote of the town) for legislation relative to appointing the town clerk of the town of Wenham. Municipalities and Regional Government. [Local approval received]
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SECTION 1. Notwithstanding any general or special law to the contrary, there shall be established in the town of Wenham the position of appointed town clerk. The town clerk shall be appointed and may be removed by the select board and shall serve at the pleasure of the select board. The town clerk shall have all the powers and duties and be subject to the liabilities and penalties imposed by town clerks.
SECTION 2. If approved by the General Court, this act shall be submitted as a ballot question to the voters of the Town of Wenham at the next Town Election in the following form: “Shall an act be passed by the General Court entitled ‘An Act regarding Appointing the Town Clerk of the Town of Wenham’ be accepted?
SECTION 3. If a majority of the votes cast to the question is in the affirmative, Section 1 of this shall be in effect in the Town of Wenham, but not otherwise.
SECTION 4. Upon the affirmative vote, the elected office of the Town Clerk shall be abolished and the term of the elected official incumbent terminated; provided however, that the incumbent holding the office of the Town Clerk on the effective date of the vote shall serve for a period of 5 months thereafter as the appointed Town Clerk. Thereafter, appointments to the position of the Town Clerk shall be made in accordance with Section 1.
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[{'Description': 'S2387 -- Wenham', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16568&title=S2387%20--%20Wenham'}]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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An Act to provide a sustainable future for rural schools
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S2388
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SD2519
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-20T12:09:57.61'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-20T12:09:57.61'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-03-20T12:09:57.6733333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-07-17T22:42:25.93'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-10-12T09:28:27.68'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2388) (subject to Joint Rule 12) of Joanne M. Comerford and Natalie M. Blais for legislation to provide a sustainable future for rural schools. Education.
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SECTION 1. Chapter 12C of the General Laws is hereby amended by adding the following section:-
Section 25. (a) For the purposes of this section “rural school district” shall mean a school district with both of the following: (i) a student density of not more than 35 students per square mile and (ii) a per capita income of less than the average annual estimated, state-wide per capita income.
(b) The center shall perform a review of a rural school district’s health insurance plans to determine if any alternative, cost saving plans or plan designs are available to the rural school district. The center shall perform a review of each rural school district located within the commonwealth annually for rural school districts that purchase their own insurance plans and once every 3 years for rural school districts that are part of purchasing groups.
(c) The center shall provide a report to a rural school district following the review required by subsection (b). The report shall contain any recommendations from the center, including recommendations related to membership in purchasing groups, combining plan design changes with health cost reimbursement arrangements and any other cost reducing strategies that will not increase insurance costs for employees.
(d) The center shall provide assistance to rural school districts in implementing any of the recommendations it provides pursuant to subsection (c).
SECTION 2. Chapter 15 of the General Laws is hereby amended by adding the following section:-
Section 67. (a) There shall be within the department an office of shared services, which shall be under the supervision and management of the director of shared services. The director shall be appointed by the commissioner.
(b) The office of shared services shall oversee the formation of regional school districts and superintendent unions in the commonwealth. The director of shared services shall assist school districts that are considering forming or are in the process of forming regional school districts and superintendent unions with the research, development and execution of shared services projects and shared services agreements.
SECTION 3. Section 19 of chapter 15A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the figure “71”, in line 83, the following words:- ; provided, however that paraprofessionals seeking to obtain licensure as special educators shall have priority for such grants.
SECTION 4. Section 2 of chapter 70 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition “Required net school spending” the following definition:-
“Rural school district”, a school district with both of the following: (i) a student density of not more than 35 students per square mile and (ii) a per capita income of less than the average annual estimated, state-wide per capita income.
SECTION 5. Section 10 of chapter 70B, as so appearing, is hereby amended by adding the following subsection:-
(d) Notwithstanding the first paragraph of this section, the grant percentage for approved school facilities projects in regional school districts shall be at least 90 per cent.
SECTION 6. Said chapter 70B of the General Laws is hereby further amended by adding the following section:-
Section 22. (a) Upon the closure of a school as a result of a school district regionalization effort, the authority shall relieve any debt that was accrued as a result of the establishment and maintenance of the school’s facilities that is owed to the authority by the municipality wherein the school is located.
(b) Upon the closure of a school as a result of a school district regionalization effort, the authority, in collaboration with the executive office of economic development, shall offer assistance to the municipality wherein the school is located for the development of a plan for demolition or use of the school building for other purposes, including any technical assistance for school building reuse and the retrofitting of school buildings for other purposes.
SECTION 7. Chapter 71 of the General Laws is hereby amended by inserting after section 7C the following 2 sections:-
Section 7D. (a) To provide for the reimbursement of the part of the cost of transportation not reimbursable under section 7A, the state treasurer shall annually, on or before November 20, pay to a rural school district the sums required for full reimbursement of extraordinary transportation costs incurred directly by a rural school district as a result of the transportation between school and home of any pupil.
(b) Rural school districts may establish a Rural School Transportation Reimbursement Account. Reimbursements made by the commonwealth pursuant to this section may be deposited into the account.
(c) Regional school districts that receive reimbursement pursuant to section 16C shall not be eligible for school transportation reimbursement pursuant to this section.
Section 7E. (a) There is hereby established and set upon the books of the commonwealth a separate fund known as the Non-Resident Pupil Transportation Fund. The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such money. Amounts credited shall not be subject to appropriation and shall be expended by the department to reimburse schools for the costs associated with the transportation of pupils who attend schools in school districts that are not located within the municipality that the pupil resides in to be administered by the department in accordance with this section.
(b) A qualified school district eligible for funding shall include any school district that enrolls pupils in its schools who reside outside of the municipality where the school is located.
(c) Annually, not later than December 1, the department shall submit a report to the house and senate committees on ways and means detailing the calculation and planned distribution of funds to school
districts; provided, that, funds distributed from this section shall not be considered chapter 70 aid for the calculation of the minimum required local contribution for the upcoming fiscal year.
(d) Every 5 years, the department shall determine the adequacy of funding for the purposes of this section and recommend to the general court any necessary adjustment.
SECTION 8. Section 16D of said chapter 71, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) A regional school district shall receive state aid for the transitional costs associated with the establishment of the regional school district. A regional school district shall be entitled to aid under this subsection for the first 3 years of its operation. The state treasurer shall, upon certification by the commissioner, annually, on or before November 20, pay to each regional school district in its first 3 years of operation $200 per pupil enrolled by the regional school district.
SECTION 9. Said section 16D of said chapter 71, as so appearing, is hereby further amended by adding the following subsection:-
(h) A regional school district shall receive state aid to cover the salaries of temporary school district employees, including, but limited to, an assistant superintendent, assistant business manager, assistant information technology director and assistant pupil services director. A regional school district shall receive aid under this subsection for the first 2 years of its operation. The state treasurer shall, upon certification by the commissioner, annually, on or before November 20, pay to each regional school district in its first 2 years of operation a sum to be determined by the commissioner.
SECTION 10. Said chapter 71 is hereby further amended by inserting after section 16I the following 3 sections:-
Section 16J. (a) There is hereby established and set upon the books of the commonwealth a separate fund known as the School District Regionalization Grant Fund. The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such money. Amounts credited shall not be subject to appropriation and shall be expended by the department to fund a grant program for the study, planning and implementation of school district regionalization efforts to be administered by the department in accordance with this section; and provided further, that grant funds awarded pursuant to this section shall be distributed evenly over a 3 year period.
(b) A qualified school eligible for funding are towns and regional school districts, excluding vocational schools, independent agricultural, technical schools and charter schools; provided, that a school district shall be eligible for a school district regionalization grant if it is considering forming, is in the process of forming or has formed within the past 5 years a regional school district or regionalizing services; provided, that, that school district regionalization grants shall be allocated equitably in the following priority order: (i) school districts with significant enrollment decline; (ii) school districts where existing school space is underutilized; and (iii) school districts where the regionalization proposal will produce significant expansion of available academic resources and supports as a result of cost savings.
(c) Annually, not later than February 1, any district receiving funds under this item shall submit a report to the department outlining the progress the district has made in studying, planning or implementing regionalization or regionalization services.
(d) Annually, not later than December 1, the department shall submit a report to the house and senate committees on ways and means detailing the calculation and planned distribution of funds to school districts; provided, that, funds distributed from this section shall not be considered chapter 70 aid for the calculation of the minimum required local contribution for the upcoming fiscal year.
(e) Every 5 years, the department shall determine the adequacy of funding for the purposes of this section and recommend to the general court any necessary adjustment.
(f) A grant awarded to a school district pursuant to this section shall not exceed $1,500,000 over a 3 year period.
Section 16K. (a) There is hereby established and set upon the books of the commonwealth a separate fund known as the Regional School District Foundational Aid Fund. The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such money. Amounts credited shall not be subject to appropriation and shall be expended by the department to fund a grant program for regional school districts that experience a drop in foundational aid as a result of regionalization to be administered by the department in accordance with this section.
(b) A qualified school eligible for funding are regional school districts, excluding vocational schools, independent agricultural, technical schools and charter schools; provided, that any regional school district within its first 5 years of operation that has received less foundational aid than any of its member school districts received in the 5 years preceding regionalization shall be entitled to a grant equal to the difference in foundational funding between the member school district prior to regionalization and the foundational funding received by the regional school district.
(c) Annually, not later than December 1, the department shall submit a report to the house and senate committees on ways and means detailing the calculation and planned distribution of funds to school districts; provided, that, funds distributed from this section shall not be considered chapter 70 aid for the calculation of the minimum required local contribution for the upcoming fiscal year.
(d) Every 5 years, the department shall determine the adequacy of funding for the purposes of this section and recommend to the general court any necessary adjustment.
Section 16L. (a) There is hereby established and set upon the books of the commonwealth a separate fund known as the Superintendent Union Formation Grant Fund. The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such money. Amounts credited shall not be subject to appropriation and shall be expended by the department to fund a grant program for the development of superintendent unions to be administered by the department in accordance with this section.
(b) A qualified school eligible for funding are school districts, excluding vocational schools, independent agricultural, technical schools and charter schools; provided, that a school district shall be eligible for a superintendent union formation grant if (i) school district regionalization is not desired by the school district community or is not practicable for any reason and (ii) the school district is considering forming, is in the process of forming or has formed within the past 5 years a superintendent union pursuant to section 61.
(c) Annually, not later than February 1, any district receiving funds under this item shall submit a report to the department outlining progress the district has made in studying, planning or implementing a superintendent union.
(d) Annually, not later than December 1, the department shall submit a report to the house and senate committees on ways and means detailing the calculation and planned distribution of funds to school districts; provided, that, funds distributed from this section shall not be considered chapter 70 aid for the calculation of the minimum required local contribution for the upcoming fiscal year.
(e) Every 5 years, the department shall determine the adequacy of funding for the purposes of this section and recommend to the general court any necessary adjustment.
(f) A grant awarded pursuant to this section shall not exceed $250,000 annually.
SECTION 11. Said chapter 71 is hereby further amended by adding the following 2 sections:-
Section 100. (a) There is hereby established and set upon the books of the commonwealth a separate fund known as the Rural Schools Aid Fund. The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such money. Annually, not later than December 1, the comptroller shall transfer $60,000,000 from the General Fund to the fund. Amounts credited shall not be subject to appropriation and shall be expended by the department to support the long-term fiscal health of rural school districts to be administered by the department in accordance with this section.
(b) A qualified school eligible for funding are towns and regional school districts, excluding vocational schools, independent agricultural, technical schools and charter schools; provided, that a school district shall be eligible for rural school aid if a school district has a student density of not more than 35 students per square mile and an average annual per capita income of not more than the average annual per capita income for the commonwealth for the same period; provided further, that rural school aid shall be allocated equitably in the following priority order: (i) school districts serving less than 11 students per square mile; (ii) school districts serving not more than 21 students per square mile; and (iii) school districts serving not more than 35 students per square mile;
(c) Annually, not later than December 1, the department shall submit a report to the house and senate committees on ways and means detailing: (i) its recommendations for additional adjustments to the rural school aid calculation for the upcoming fiscal year to improve the accuracy and equity of the student density component and the per capita income component; and (ii) the calculation and planned distribution of funds to school districts; and provided further, that funds distributed from this section shall not be considered chapter 70 aid for the calculation of the minimum required local contribution for the upcoming fiscal year.
(d) Every 5 years, the department shall determine the adequacy of funding for the purposes of this section and recommend to the general court any necessary adjustment.
Section 101. (a) There is hereby established and set upon the books of the commonwealth a separate fund known as the Declining Enrollment Fund. The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest earned on such money. Amounts credited shall not be subject to appropriation and shall be expended by the department to support the long-term fiscal health of school districts with declining student enrollment to be administered by the department in accordance with this section.
(b) A qualified school eligible for funding are towns and regional school districts, excluding vocational schools, independent agricultural, technical schools and charter schools; provided, that a school district shall be eligible for declining enrollment aid if it has a decline in student enrollment of at least 35 per cent over the 20 years prior to the school district’s application for funds; provided further, that declining enrollment aid shall be allocated equitably on a per-pupil basis with priority given to school districts that have experienced the greatest percentage decline in student enrollment.
(c) Annually, not later than February 1, any district receiving funds under this item shall submit a plan to the department outlining the district’s plans to use such funds.
(d) Annually, not later than December 1, the department shall submit a report to the house and senate committees on ways and means detailing the calculation and planned distribution of funds to school districts; provided, that, funds distributed from this section shall not be considered chapter 70 aid for the calculation of the minimum required local contribution for the upcoming fiscal year.
(e) Every 5 years, the department shall determine the adequacy of funding for the purposes of this section and recommend to the general court any necessary adjustment.
SECTION 12. The definition of “Instructional costs”, in subsection (a) of said section 5A of said chapter 71B of the General Laws is hereby amended by adding the following sentence:- Instructional costs shall include partial costs of salaries for highly specialized staff when a full-time equivalent staff person is not needed but a full-time salary is necessary to procure a qualified professional.
SECTION 13. Subsection (c) of section 5A of chapter 71B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- The costs of programs shall be reimbursed at 100 per cent of all the instructional and transportation costs that exceed the approved costs threshold; provided, that such reimbursement shall be paid in the year in which the costs are incurred.
SECTION 14. Said chapter 71B of the General Laws is hereby further amended by adding the following section:-
Section 17. (a) There shall be within the department a program to support the development of specialized teachers with targeted funding for local educator preparation programs for special education.
(b) The department shall facilitate the funding and implementation of the program so that school districts can coordinate with educational collaboratives and other providers to build “grow your own” programs and provide paid time off, or childcare stipends, to paraprofessionals studying to become licensed special education teachers.
(c) The program shall provide similar support to teachers currently licensed in other subjects to become special education teachers.
(d) The department shall develop special education instructor assessments that can be used as an alternative to Massachusetts Tests for Educator Licensure (MTEL) or develop licensure criteria that will supersede passing the MTEL.
SECTION 15. (a) Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall conduct a review of special education regulations of the department as they pertain to the needs of rural school districts.
(b) The department shall request public comment and discussions with special education advocates, school administrators, parents, and experts to explore reform of regulations under 603 CMR 28.00.
(c) The department shall publish a web page that serves as a one-stop resource to allow the public to obtain information and provide comments on individual rules and guidelines under review as well as the department’s regulatory review program generally.
SECTION 16. (a) There is hereby established, pursuant to section 2A of chapter 4 of the General Laws, a special education financing legislative commission to review the commonwealth’s system for financing special education and make recommendations for a more equitable system that provides adequate funding to local school districts to meet the costs of providing high quality education to students with disabilities.
(b) The commission’s review shall evaluate the commonwealth’s current special education financing structure and make recommendations to achieve the following goals:
(1) special education funds shall be sufficient to allow all schools to provide a high quality education in the least restrictive environment that meets the unique needs of each eligible student;
(2) special education funds provided to school districts shall recognize the variation in the resources that are required to provide students with different disabilities a high quality education;
(3) districts with more students receiving special education services shall equitably receive more state special education assistance funding than districts with fewer students receiving special education services;
(4) districts with less local resources shall equitably receive more state special education assistance funding than districts with more local resources;
(5) special education funds shall be relatively predictable and stable to enable school districts to budget effectively and implement multi-year plans;
(6) the special education funding system shall promote the efficient use of funds without incentivizing the under or misdiagnosis of students with disabilities;
(7) the special education funding system shall promote flexibility and innovation in providing high quality education;
(8) the special education funding system shall limit local financial responsibility for providing education to students with extraordinary needs; and
(9) the special education funding system shall provide sufficient funds to meet the costs of transportation of special education students.
(c) In carrying out the review, the commissioner of elementary and secondary education shall provide to the commission any data and information relevant to the commission’s charge. The commissioner of elementary and secondary education shall furnish reasonable staff and other support for the work of the commission.
(d) Prior to issuing its recommendations, the commission shall conduct not fewer than 4 public hearings across regions of the commonwealth.
(e) The members of the commission shall include: the house and senate chairs of the joint committee on education, who shall serve as co-chairs; the governor or a designee; the secretary of education; the commissioner of elementary and secondary education; the commissioner of early education and care; the director of the Massachusetts office on disability; the speaker of the house of representatives or a designee; the president of the senate or a designee; the minority leader of the house of representatives or a designee; the minority leader of the senate or a designee; the chair of the house committee on ways and means or a designee; the chair of the senate committee on ways and means or a designee; the house and senate chairs of the joint committee on children, families and persons with disabilities and 1 member to be appointed by each of the following organizations: the Massachusetts Municipal Association, Inc., the Massachusetts Business Alliance for Education, Inc., the Massachusetts Association of School Committees, Inc., the Massachusetts Association of School Superintendents, Inc., the Massachusetts Teachers Association, the American Federation of Teachers Massachusetts, the Massachusetts Association of Vocational Administrators, Inc., the Massachusetts Association of Regional Schools, Inc., Massachusetts Advocates for Children, Federation for Children with Special Needs, ARC of Mass, and the Parent Professional Advocacy League of Massachusetts. Members shall not receive compensation for their services but may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission.
(f) It shall not constitute a violation of chapter 268A of the General Laws for a person employed by a school district to serve on the commission or to participate in commission deliberations that may have a financial impact on the district employing that person or on the rate at which that person may be compensated. The commission may establish procedures to ensure that no such person participates in commission deliberations that may directly affect the school districts employing those persons or that may directly affect the rate at which those persons are compensated.
(g) The commission shall file its report with the clerks of the house of representatives and the senate on or before June 30, 2024. A copy of the report and recommendations shall be made publicly available on the website of the department of elementary and secondary education and submitted to the joint committee on education, the joint committee on children, families and persons with disabilities, and the house and senate committees on ways and means.
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}]
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An Act facilitating restitution against unfinished development to be known as the FRAUD Act
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S2389
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SD2565
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-12T15:45:34.517'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-12T15:45:34.5166667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-04-13T14:24:20.29'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2389/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 2389) (subject to Joint Rule 12) of Susan L. Moran and Tackey Chan for legislation to facilitate restitution against unfinished development to be known as the FRAUD Act. Consumer Protection and Professional Licensure.
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SECTION 1. Section 9 of Chapter 142A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after subsection (d), the following:-
(e) Prior to approving any application for registration or renewal conforming to the requirements of this chapter, the director shall refer identifying information regarding an applicant to the department of criminal justice information services, which shall obtain criminal offender record information but shall transmit only the following information to the director:
(1) Any conviction of the applicant of gross fraud or cheat as defined by section 76 of chapter 266.
SECTION 2. Section 17 of said Chapter 142A, as so appearing, is hereby amended in paragraph (17) by striking out “17” and inserting thereof:- “18”.
SECTION 3. Said Section 17 of said Chapter 142A, as so appearing, is hereby amended by inserting, after paragraph (16), the following paragraph:-
(17) engaging in gross fraud or cheat as defined by section 76 of chapter 266;.
SECTION 4. Section 7 of said Chapter 142A, as so appearing, is hereby amended in the third paragraph by striking out the words “ten thousand dollars” and inserting in place thereof the following:- “thirty thousand dollars”.
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}, {'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act establishing a special commission on creating a more diversified teaching workforce in the Commonwealth
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S239
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SD1372
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-19T12:22:18.13'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-19T12:22:18.13'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T07:55:27.2733333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T14:21:32.5533333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T07:35:16.3466667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T15:40:59.8133333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-22T13:50:57.1533333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-21T11:23:59.11'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S239/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 239) of Michael D. Brady, James K. Hawkins, Patrick M. O'Connor and Patricia D. Jehlen for legislation to establish a special commission on creating a more diversified teaching workforce in the Commonwealth. Education.
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SECTION 1. (a) Whereas it has been determined that minority students face numerous obstacles particularly in gateway cities; and whereas there is increasing evidence that minority students benefit from having teachers from their same ethnic background and community; and whereas teachers of color make up only about ten percent of the Massachusetts’ teaching workforce while its K-12 student body is over forty percent students of color; and whereas certain educational, financial, and societal barriers disproportionately impact minority teaching candidates; and whereas the state legislature should understand the barriers to students of color entering the teaching profession and provide legislative support to create a cadre of teachers representing the diversity of the student body; and whereas a special Commission on teacher diversification in Massachusetts should be established to identify opportunities and make recommendations to increase access and offer more pathways for students of color to enter the teaching profession; therefore, said Commission shall be established and entitled the Special Commission on Teacher Diversification in Massachusetts.
(b) The Special Commission on Teacher Diversification in Massachusetts shall study and make recommendations regarding the diversification of the teaching workforce in the Commonwealth.
(c) The Commission shall: (1) evaluate existing teacher recruitment programs in local school districts, the department of elementary and secondary education, and other states aimed at diversifying the teaching workforce; (2) compile the best practices associated with these local school district and state programs (3) make recommendations for sustainable teacher diversification programs; (4) review the current pathways that exist between community colleges and public universities for entering the teaching profession; and (5) create a long-term comprehensive plan for developing and supporting a cadre of minority teachers. The study shall include a close examination of gateway cities, and the recommendations shall include specific information related to implementation strategies that benefit gateway cities in particular. Recommendations shall include, but not be limited to, strengthening opportunities to access teacher education programs in gateway cities, enrolling minority candidates in teacher preparation programs, and implementing targeted recruitment programs for minority teaching candidates.
(d) The Commission shall consist of 21 members as follows: the Secretary of Education who shall serve as the Chairperson, the House Chair of the Joint Committee on Education, the Senate Chair of the Joint Committee on Education, the House Chair of the Joint Committee on Higher Education, the Senate Chair of the Joint Committee on Higher Education, the Commissioner of Early Education and Care, the Commissioner of Elementary and Secondary Education, the Commissioner of Higher Education, and the Chief Academic Officer of the Department of Higher Education, or their designee(s); and representatives from the following:
one of whom shall be from the University of Massachusetts, one of whom shall be from the Council of Presidents of the Massachusetts State Universities, one of whom shall be from the Massachusetts Association of Community Colleges, one of whom shall be from the Association of Independent Colleges and Universities in Massachusetts; one of whom shall be from the Massachusetts Teachers Association; one of whom shall be from the American Federation of Teachers Massachusetts; one of whom shall be from the Massachusetts Association of School Superintendents; one of whom shall be from the Massachusetts Association of School Committees; one of whom shall be from the Massachusetts Association of School Personnel Administrators; one of whom shall be from the Massachusetts School Administrators Association; one of whom shall be from the Massachusetts Elementary School Principals Association; and one of whom shall be from the Massachusetts Secondary School Administrators Association.
(e) Members of the Commission shall be named by the Secretary of Education and the Commission shall commence its work within 60 days of the effective date of this act. The Commission shall report to the general court and governor the results of its study, together with any draft legislation, regulations, or administrative procedure necessary to implement its recommendations by filing the same with the clerks of the house of representatives and the senate and the house and senate chairs of the joint committee on education and the joint committee on higher education, not more than 1 year after the establishment of said Commission.
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Single Sales Factor Corporate Tax
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S2390
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-05-12T12:16:27.933'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-05-12T12:16:27.9333333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-05-17T10:56:19.8366667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-05-22T15:36:45.9066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2390/DocumentHistoryActions
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Amendment
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Senate, May 24, 2023 -- Text of amendment (825) (offered by Senator Fattman) to the Ways and Means amendment (Senate, No. 3) to the House Bill making appropriations for the fiscal year 2024 for the maintenance of the departments, boards, commissions, institutions, and certain activities of the Commonwealth, for interest, sinking fund, and serial bond requirements, and for certain permanent improvements.
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by inserting after section ___ the following section:-
"SECTION 1. Section 2A of chapter 63 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (b) and by inserting in place thereof the following subsection:-
(b) If a financial institution has income from business activity which is taxable both within and without this commonwealth, its net income shall be apportioned to the commonwealth by multiplying its net income by the apportionment percentage. The apportionment percentage is determined by adding 25 percent of the property factor plus 25 percent of the payroll factor plus 50 percent of the receipts factor. If 1 of the factors is missing the percentages set forth in the preceding sentence shall be increased proportionately such that the sum of the percentages by which the 2 remaining factors are multiplied under this subsection is one. If 2 factors are missing, the remaining factor is the apportionment percentage. If all 3 factors are missing, the whole of the financial institution’s net income shall be taxable under Section 2. A factor is missing if both its numerator and denominator are 0, but it is not missing merely because its numerator is 0.
SECTION 2. Said subsection (b) of said section 2A of said chapter 63, as so appearing, is hereby further amended by striking out the words “25 percent of the property factor plus 25 percent of the payroll factor plus 50”, inserted by section 8, and inserting in place thereof the following words:- 16.5 percent of the property factor plus 16.5 percent of the payroll factor plus 67.
SECTION 3. Said subsection (b) of said section 2A of said chapter 63, as so appearing, is hereby further amended by striking out the words, “16.5 percent of the property factor plus 16.5 percent of the payroll factor plus 67”, inserted by section 9, and inserting in place thereof the following words:- 8.25 percent of the property factor plus 8.25 percent of the payroll factor plus 83.5.
SECTION 4. Said section 2A of said chapter 63, as so appearing, is hereby amended by striking out subsections (b) and (c) and inserting in place thereof the following 2 subsections:-
(b) If the financial institution has income from business activity which is taxable both within and without this commonwealth, its net income shall be apportioned to this commonwealth by multiplying its net income by its receipts factor. If the receipts factor is missing, the whole of the financial institution’s net income shall be taxable under section 2. The receipts factor is missing if both its numerator and denominator are 0, but it is not missing merely because its numerator is 0.
(c) The receipts shall be computed according to the method of accounting, cash or accrual basis, used by the taxpayer for federal income tax purposes for the taxable year.
SECTION 5. Said section 2A of said chapter 63, as so appearing, is hereby further amended by striking out subsections (e), (f) and (g) and inserting in place thereof the following subsection:-
(e) If the provisions of subsections (a) to (d), inclusive, are not reasonably adapted to approximate the net income derived from business carried on within the commonwealth, a financial institution may apply to the commissioner, or the commissioner may require the financial institution, to have its income derived from business carried on within this commonwealth determined by a method other than that set forth in subsections (a) to (d), inclusive. Such application shall be made by attaching to its duly-filed return a statement of the reasons why the financial institution believes that the provisions of this section are not reasonably adapted to approximate its net income derived from business carried on within this commonwealth and a description of the method sought by it. A financial institution which so applies shall, upon receipt of a request therefor from the commissioner, file with the commissioner, under oath of its treasurer, a statement of such additional information as the commissioner may require.
If, after such application by the financial institution, or after the commissioner’s own review, the commissioner determines that the provisions of subsections (a) to (d), inclusive, are not reasonably adapted to approximate the financial institution’s net income derived from business carried on within the commonwealth, the commissioner shall by reasonable methods determine the amount of net income derived from business activity carried on within the commonwealth. The amount thus determined shall be the net income taxable under section two and the foregoing determination shall be in lieu of the determination required by subsections (a) to (d), inclusive. If an alternative method is used by the commissioner hereunder, the commissioner, in his discretion, with respect to the two next succeeding taxable years, may require similar information from such financial institution if it shall appear that the provisions of subsections (a) to (d), inclusive, are not reasonably adapted to approximate for the applicable year the financial institution’s net income derived from business carried on within this commonwealth and may again by reasonable methods determine such income.
SECTION 6. Subsection (c) of section 38 of said chapter 63, as so appearing, is hereby amended by striking out in lines 46 to 48, inclusive, the words “a fraction, the numerator of which is the property factor plus the payroll factor plus twice times the sales factor, and the denominator of which is four”, and inserting in place thereof the following words:- a fraction which is the sum of: 18.75 per cent multiplied by the payroll factor, plus 18.75 per cent multiplied by the property factor, plus 62.5 per cent multiplied by the sales factor.
SECTION 7. Said subsection (c) of said section 38 of said chapter 63, as so appearing, is hereby further amended by striking out the words, “18.75 per cent multiplied by the payroll factor, plus 18.75 per cent multiplied by the property factor, plus 62.5”, inserted by section 6, and inserting in place thereof the following words:- 12.5 per cent multiplied by the payroll factor, plus 12.5 per cent multiplied by the property factor, plus 75.
SECTION 8. Said subsection (c) of said section 38 of said chapter 63, as so appearing, is hereby further amended by striking out the words, “12.5 per cent multiplied by the payroll factor, plus 12.5 per cent multiplied by the property factor, plus 75”, inserted by section 7, and inserting in place thereof the following words:- 6.25 per cent multiplied by the payroll factor, plus 6.25 per cent multiplied by the property factor, plus 87.5.
SECTION 9. Said section 38 of said chapter 63, as so appearing, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) If one of the factors is missing, the percentages set forth in subsection (c) shall be increased proportionately such that the sum of the percentages by which the 2 remaining factors are multiplied under this subsection is 1. If 2 factors are missing, the remaining factor is the apportionment percentage. If all 3 factors are missing, the whole of the taxpayer’s net income shall be its taxable net income. A factor is missing if both its numerator and denominator are 0, or if it is otherwise determined to be insignificant in producing income.
SECTION 10. Said chapter 63, as so appearing, is hereby further amended by striking out section 38 and inserting in place thereof the following section:-
Section 38. The commissioner shall determine the part of the net income of a business corporation derived from business carried on within the commonwealth as follows:
(a) Net income as defined in section 30 adjusted as follows shall constitute taxable net income:
(1) 95 percent of dividends, exclusive of distributions in liquidation, included therein shall be deducted other than dividends from or on account of the ownership of:
(i) shares in a corporate trust, as defined in section 1 of chapter 62, to the extent such dividends represent tax-free earnings and profits, as defined in section 8 of chapter 62, as in effect on December 31, 2008,
(ii) deemed distributions and actual distributions, except actual distributions out of previously taxed income, from a DISC which is not a wholly owned DISC, or
(iii) any class of stock, if the corporation owns less than 15 per cent of the voting stock of the corporation paying such dividend.
(2) Long-term capital gains realized and long-term capital losses sustained from the sale or exchange of intangible property affected under the provisions of the Federal Internal Revenue Code, as amended, and in effect for taxable years ended on or before December 31, 1962, shall not be included in any part therein.
(b) If the corporation does not have income from business activity which is taxable in another state, the whole of its taxable net income, determined under the provisions of subsection (a), shall be allocated to this commonwealth. For purposes of this section, a corporation is taxable in another state if (1) in that state such corporation is subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporate stock tax, or (2) that state has jurisdiction to subject such corporation to a net income tax regardless of whether, in fact, the state does or does not. Notwithstanding any other provision of this section, the portion of the taxable net income of a corporation that a non-domiciliary state is prohibited from taxing under the Constitution of the United States shall be allocated in full to the commonwealth if the commercial domicile of the corporation is in the commonwealth.
(c) If a corporation has income from business activity which is taxable both within and without this commonwealth, its taxable net income, as determined under the provisions of subsection (a), shall be apportioned to this commonwealth by multiplying such taxable net income by the sales factor.
(d) The sales factor is a fraction, the numerator of which is the total sales of the corporation in the commonwealth during the taxable year, and the denominator of which is the total sales of the corporation everywhere during the taxable year.
As used in this subsection, unless specifically stated otherwise, ‘‘sales’’ shall mean all gross receipts of the corporation, including deemed receipts from transactions treated as sales or exchanges under the Code, except interest, dividends and gross receipts from the maturity, redemption, sale, exchange or other disposition of securities; provided, however, that ‘‘sales’’ shall not include gross receipts from transactions or activities to the extent that a non-domiciliary state would be prohibited from taxing the income from such transactions or activities under the Constitution of the United States.
(e) Sales of tangible personal property are in the commonwealth for purposes of this section if:
(1) the property is delivered or shipped to a purchaser within the commonwealth regardless of the f.o.b. point or other conditions of the sale; or (2) the corporation is not taxable in the state of the purchaser and the property was not sold by an agent or agencies chiefly situated at, connected with or sent out from premises for the transaction of business owned or rented by the corporation outside the commonwealth. ‘‘Purchaser’’, as used in clauses (1) and (2) shall include the United States government.
(f) Sales, other than sales of tangible personal property, are in the commonwealth for purposes of this section if the corporation’s market for the sale is in the commonwealth. The corporation’s market for a sale is in the commonwealth and the sale is thus assigned to the commonwealth for the purpose of this section:
(1) in the case of sale, rental, lease or license of real property, if and to the extent the property is located in the commonwealth;
(2) in the case of rental, lease or license of tangible personal property, if and to the extent the property is located in the commonwealth;
(3) in the case of sale of a service, if and to the extent the service is delivered to a location in the commonwealth;
(4) in the case of lease or license of intangible property, including a sale or exchange of such property where the receipts from the sale or exchange derive from payments that are contingent on the productivity, use or disposition of the property, if and to the extent the intangible property is used in the commonwealth; and
(5) in the case of the sale of intangible property, other than as provided in clause (4), where the property sold is a contract right, government license or similar intangible property that authorizes the holder to conduct a business activity in a specific geographic area, if and to the extent that the intangible property is used in or otherwise associated with the commonwealth; provided, however, that any sale of intangible property, not otherwise described in this clause or clause (4), shall be excluded from the numerator and the denominator of the sales factor.
(g) If the numerator and denominator of the sales factor are zero or if the sales factor is otherwise determined to be insignificant in producing income, the taxpayer shall determine its sales factor by:
(1) adding to its sales any interest, dividends and gross receipts from the maturity, redemption, sale, exchange or other disposition of securities, and applying the sourcing provisions for receipts under section 2A to the total adjusted sales amount, as if the taxpayer were a financial institution for purposes of that section; or
(2) if, notwithstanding the adjustments in subsection (g)(1), the numerator and denominator of the sales factor remains zero or if the factor is otherwise determined to be insignificant in producing income, the whole of the taxpayer’s net income shall be taxable net income allocated to the commonwealth, provided that the alternative apportionment provisions of subsection (e) of section 2A shall be applicable, as if the taxpayer were a financial institution for purposes of that section.
(h) For the purposes of this section:
(1) in the case of sales, other than sales of tangible personal property, if the state or states to which sales should be assigned cannot be determined, it shall be reasonably approximated;
(2) in the case of sales other than sales of tangible personal property if the taxpayer is not taxable in a state to which a sale is assigned, or if the state or states to which such sales should be assigned cannot be determined or reasonably approximated, such sale shall be excluded from the numerator and denominator of the sales factor;
(3) the corporation shall be considered to be taxable in the state of the purchaser if tangible personal property is delivered or shipped to a purchaser in a foreign country;
(4) sales of tangible personal property to the United States government or any agency or instrumentality thereof for purposes of resale to a foreign government or any agency or instrumentality thereof are not sales made in the commonwealth;
(5) in the case of sale, exchange or other disposition of a capital asset, as defined in paragraph (m) of section 1 of chapter 62, used in a taxpayer’s trade or business, including a deemed sale or exchange of such asset, ‘‘sales’’ shall be measured by the gain from the transaction;
(6) ‘‘security’’ shall mean any interest or instrument commonly treated as a security as well as other instruments which are customarily sold in the open market or on a recognized exchange, including, but not limited to, transferable shares of a beneficial interest in any corporation or other entity, bonds, debentures, notes and other evidences of indebtedness, accounts receivable and notes receivable, cash and cash equivalents including foreign currencies and repurchase and futures contracts;
(7) in the case of a sale or deemed sale of a business, the term ‘‘sales’’ shall not include receipts from the sale of the business ‘‘goodwill’’ or similar intangible value, including, without limitation, ‘‘going concern value’’ and ‘‘workforce in place’’; and
(8) in the case of a business deriving receipts from operating a gaming establishment or otherwise deriving receipts from conducting a wagering business or activity, income-producing activity shall be considered to be performed in the commonwealth to the extent that the location of wagering transactions or activities that generated the receipts is in the commonwealth.
(i) (1) As used in this subsection, the following words shall, unless the context requires otherwise, have the following meaning:
‘‘Administration services’’, include, but are not limited to, clerical, fund or shareholder accounting, participant record keeping, transfer agency, bookkeeping, data processing, custodial, internal auditing, legal and tax services performed for a regulated investment company, but only if the provider of such service or services during the taxable year in which such service or services are provided also provides or is affiliated with a person that provides management or distribution services to any regulated investment company.
‘‘Affiliate’’, the meaning as set forth in 15 USC section a-2(a)(3)(C), as may be amended from time to time.
‘‘Distribution services’’, include, but are not limited to, the services of advertising, servicing, marketing or selling shares of a regulated investment company, but, in the case of advertising, servicing or marketing shares, only where such service is performed by a person who is, or in the case of a close end company, was, either engaged in the services of selling regulated investment company shares or affiliated with a person that is engaged in the service of selling regulated investment company shares. In the case of an open end company, such service of selling shares must be performed pursuant to a contract entered into pursuant to 15 USC section a-15(b), as from time to time amended.
‘‘Domicile’’, presumptively the shareholder’s mailing address on the records of the regulated investment company. If, however, the regulated investment company or the mutual fund service corporation has actual knowledge that the shareholder’s primary residence or principal place of business is different than the shareholder’s mailing address said presumption shall not control. If the shareholder of record is a company which holds the shares of the regulated investment company as depositor for the benefit of a separate account, then the shareholder shall be the contract owners or policyholders of the contracts or policies supported by the separate account, and it shall be presumed that the domicile of said shareholder is the contract owner’s or policyholder’s mailing address to the extent that the company maintains such mailing addresses in the regular course of business. If the regulated investment company or the mutual fund service corporation has actual knowledge that the shareholder’s principal place of business is different than the shareholder’s mailing address said presumption shall not control.
‘‘Management services’’, include, but are not necessarily limited to, the rendering of investment advice directly or indirectly to a regulated investment company, making determinations as to when sales and purchases of securities are to be made on behalf of the regulated investment company, or the selling or purchasing of securities constituting assets of a regulated investment company, and related activities, but only where such activity or activities are performed: (i) pursuant to a contract with the regulated investment company entered into pursuant to 15 USC section a-15(a), as from time to time amended; (ii) for a person that has entered into such contract with the regulated investment company; or (iii) for a person that is affiliated with a person that has entered into such contract with a regulated investment company.
‘‘Mutual fund sales’’, taxable net income derived within the taxable year directly or indirectly from the rendering of management, distribution or administration services to a regulated investment company, including net income received directly or indirectly from trustees, sponsors and participants of employee benefit plans which have accounts in a regulated investment company.
‘‘Regulated investment company’’, the meaning as set forth in section 851 of the Internal Revenue Code as amended and in effect for the taxable year.
(2) Notwithstanding the foregoing, mutual fund sales, other than the sale of tangible personal property, shall be assigned to the commonwealth to the extent that shareholders of the regulated investment company are domiciled in the commonwealth as follows:
(a) by multiplying the taxpayer’s total dollar amount of sales of such services on behalf of each regulated investment company by a fraction, the numerator of which shall be the average of the number of shares owned by the regulated investment company’s shareholders domiciled in the commonwealth at the beginning of and at the end of the regulated investment company’s taxable year that ends with or within the taxpayer’s taxable year and the denominator of which shall be the average of the number of shares owned by the regulated investment company shareholders everywhere at the beginning of and at the end of the regulated investment company’s taxable year that ends with or within the taxpayer’s taxable year.
(b) A separate computation shall be made to determine the sale for each regulated investment company, the sum of which shall equal the total sales assigned to the commonwealth.
The commissioner shall adopt regulations to implement subsections (d) to (i), inclusive. Nothing in this subsection shall limit the commissioner’s authority under subsection (k).
(j) If a corporation maintains an office, warehouse or other place of business in a state other than this commonwealth for the purpose of reducing its tax under this chapter, the commissioner shall, in determining the amount of taxable net income apportionable to this commonwealth, adjust any factor to properly reflect the amount which the factor ought reasonably to assign to this commonwealth.
(k) If the apportionment provisions of this section are not reasonably adapted to approximate the net income derived from business carried on within this commonwealth by any type of industry group, the commissioner may, by regulation, adopt alternative apportionment provisions to be applied to such an industry group in lieu of the foregoing provisions.
(l) In any case in which a purchasing corporation makes an election under section 338 of the Code, the target corporation shall be treated as having sold its assets for purposes of this section.
SECTION 11. Sections 1 and 6 shall take effect for the tax year beginning on January 1, 2025 and ending on December 31, 2025.
SECTION 12. Sections 2 and 7 shall take effect for the tax year beginning on January 1, 2026 and ending on December 31, 2026.
SECTION 13. Sections 3 and 8 shall take effect on January 1, 2025 and shall be effective for all tax years beginning on or after January 1, 2025.
SECTION 14. Sections 4, 5 and 10 shall take effect on January 1, 2026 and shall be effective for all tax years beginning on or after January 1, 2026."
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Home Equity Theft
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S2391
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-05-09T16:48:57.58'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-05-09T16:48:57.58'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-05-23T19:42:50.0133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2391/DocumentHistoryActions
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Amendment
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Senate, May 25, 2023 -- Text of amendment (820) (offered by Senator Montigny) to the Ways and Means amendment (Senate, No. 3) to the House Bill making appropriations for the fiscal year 2024 for the maintenance of the departments, boards, commissions, institutions, and certain activities of the Commonwealth, for interest, sinking fund, and serial bond requirements, and for certain permanent improvements.
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by inserting after section ___ the following sections:-
“SECTION ___. Section 2 of chapter 60 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
The filing fees paid by any municipality for recording any documents pursuant to this chapter shall be $30.
SECTION ___. Subsection (c) of section 2C of said chapter 60, as so appearing, is hereby amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-
(1) The sale of tax receivables shall be by public sale to the most responsible and responsive offeror taking into consideration the following evaluation criteria: (i) the price proposed by the offeror; (ii) the offeror’s qualifications and experience; (iii) the offeror’s plan for communicating with the taxpayers; (iv) whether the offeror has a regular place of business in the commonwealth; (v) whether the offeror is in good standing with the department of revenue; (vi) only those offerors that are licensed as debt collectors by the commonwealth shall be eligible to participate in this sale; and (vii) other criteria determined by the commissioner and the municipality. The sale shall provide for the option to purchase subsequent tax receivables subject to subsection (h) and any regulations that may be promulgated by the commissioner pursuant thereto.
SECTION ___. Said subsection (c) of said subsection 2C of said chapter 60, as so appearing, is hereby further amended by striking out paragraph (9) and inserting in place thereof the following paragraph:-
(9) A purchaser owning any tax receivable (“tax purchaser”) shall give notice to a taxpayer within 12 business days of purchasing said tax receivable and to the appropriate municipality of the name, address, telephone number and preferred method of communication with said purchaser and any service agent acting on behalf of said purchaser within 12 business days of purchasing said tax receivable and where the land is residential such notice shall be served in the manner required by law for the service of subpoenas on witnesses in civil cases and shall include a uniform notice approved by the attorney general, in language understandable by a least sophisticated consumer, together with a notice in the 5 most common languages in the commonwealth that this notice affects important legal rights and should be translated immediately and such notice shall state:
(i) that a complaint to foreclose the tax title may be filed on or after a specific date;
(ii) that the tax title has been sold to a third party;
(iii) why the property was taken and that the owner may redeem the property and the date when the redemption period expires;
(iv) the components of the amount required to redeem the property and the procedure for redemption;
(v) that if a complaint to foreclose the tax title is filed and the owner does not respond by filing an answer the court may enter an order defaulting the owner;
(vi) that if a complaint to foreclose the tax title is filed, the owner may respond by filing an answer that requests that the court set the terms by which the owner may redeem the property;
(vii) that if the property is not redeemed, the town or tax purchaser is entitled to receive an order from the land court that completes a transfer of ownership of the property to the town or said purchaser and permanently eliminates any rights the owner has in the property;
(viii) that if the property is not redeemed, the property may be sold at auction and the owner will likely lose significant equity in the property, together with the name, address, telephone number and preferred method of communication with said purchaser and any service agent acting on behalf of said purchaser; and
(ix) that upon request by the taxpayer, the municipality shall furnish a copy of such information to the taxpayer within 12 business days of receiving such request.
Whenever the tax tax purchaser or the service agent of such tax receivables shall change, the new purchaser or service agent shall provide the notice required herein within 12 business days of the effective date of such change.
SECTION ___. Said section 2C of said chapter 60, as so appearing, is hereby further amended by adding the following subsection:-
(k) If the purchaser of a tax receivable on any parcel of real estate subsequently forecloses upon the property, it shall request that the land court approve all reasonable expenses it has incurred and shall provide a notice to the former owner of the right to redeem for this amount within 1 year. If the land is residential such notice shall be served in the manner required by law for the service of subpoenas on witnesses in civil cases and shall include a uniform notice approved by the attorney general, in language understandable by a least sophisticated consumer, together with a notice in the 5 most common languages in the commonwealth that this notice affects important legal rights and should be translated immediately and such notice shall state the following:- (i) that the land has been foreclosed upon and may be redeemed for a specific amount by a date certain that shall be listed, and shall attach all documents filed at land court related to the foreclosure of the property and (ii) that if it is not redeemed it will be sold at public auction.
If the land is redeemed, the foreclosing entity shall take whatever action is necessary to vacate and rescind the foreclosure in land court and record that the title has been redeemed by filing a document at the registry of deeds for the district in which the land lies entitled “Satisfaction of Tax Title Liability.”
If the land is not redeemed within 1 year, then the foreclosing entity shall publish a notice of auction of the land in each of 3 successive weeks, the first publication of which shall be not less than 21 days before the day of sale, in a newspaper published in the city or town where the land lies or in a newspaper with general circulation in the city or town where the land lies and notice of the sale has been sent at least 14 days prior to the date of sale by registered mail to the owner or owners of record of the last deed prior to the tax taking, to the address set forth in section 61 of chapter 185, if the land is then registered or, in the case of unregistered land, to the address of the owner or owners as given on the deed or on the petition for probate by which the owner or owners acquired title, if any, or if in either case no owner appears, then mailed by registered mail to the address to which the tax collector last sent the tax bill for the premises scheduled to be sold.
If the tax purchaser sells the land at auction, the balance of any proceeds above and beyond reasonable expenses as approved by the land court shall be returned to the former owner. A detailed accounting of these expenses will be provided by the tax purchaser within 60 days of such sale.
SECTION ___. Section 16 of said chapter 60, as so appearing, is hereby amended by striking out, in lines 2 to 3, inclusive, the words “or arresting him for his tax”
SECTION ___. Said section 16 of said chapter 60, as so appearing, is hereby further amended by striking out the seventh sentence and inserting in place thereof the following sentence:- Demand shall be made by the collector by mailing the same to the last or usual place of business or abode, or to the address best known to him or her, and failure to receive the same shall not invalidate a tax or any proceedings for the enforcement or collection of the same; provided, that if the land is residential a uniform notice approved by the attorney general, in language understandable by a least sophisticated consumer, together with a notice in the 5 most common languages in the commonwealth shall be used that states that this notice affects important legal rights and should be translated immediately, and provides clear notice that the non-payment of property taxes can result in the taking of the property and that the property owner may be eligible for exemptions, abatements and tax deferrals and other assistance and should contact the collector of taxes office together with the address, telephone number, email address, if available, and internet address for further information.
SECTION ___. Said chapter 60 is hereby further amended by striking out section 52 and inserting in place thereof the following section:-
Section 52. Cities and towns may make regulations for the possession, management and sale of land purchased or taken for taxes, not inconsistent with law, regulations promulgated by the department of revenue or the right of redemption. The treasurer of any city or town holding 1 or more tax titles may assign and transfer such tax title or titles, individually or bundled, to the highest bidder after a public auction, after having given 60 days' notice of the time and place of such public auction by publication, which shall conform to the requirements of section 40, and having posted such notice in 2 or more convenient and public places in said city or town, provided that the sum so paid for such assignment is not less than the amount necessary for redemption, and may execute and deliver on behalf of the city or town any instrument necessary therefor. Only those bidders that are licensed as debt collectors by the commonwealth shall be eligible to participate in this sale. Regardless of whether the assignment is pursuant to this section or section 2C, the treasurer shall send notice of the intended assignment to the owner of record of each parcel at his or her last known address not less than 10 days prior to the assignment, where the land is residential such notice shall be served in the manner required by law for the service of subpoenas on witnesses in civil cases and shall include a uniform notice approved by the attorney general, together with a notice in the 5 most common languages in the commonwealth that this notice affects important legal rights and should be translated immediately in language understandable by a recipient with a least sophisticated consumer that the treasurer intends to sell the tax title to the homeowner's property and provides clear notice that the non-payment of property taxes can result in the loss of the property and that the property owner may be eligible for exemptions, abatements and tax deferrals and other assistance and should contact the collector of taxes office together with the telephone number, email address, if available, and internet address for further information.
The instrument of assignment shall be in a form approved by the commissioner and shall be recorded within 60 days from its date and if so recorded shall provide a rebuttable presumption as to all facts essential to its validity. The instrument of assignment shall, for each parcel assigned thereunder, state the amount for which the tax title on the parcel could have been redeemed on the date of the assignment, separately stating for each parcel the principal amount and the total interest accrued until the date of assignment. The principal amount shall be the sum of the amounts for which the parcel was taken and amounts subsequently certified under section 61 and costs of service if applicable.
Except as hereinafter otherwise provided, all provisions of law applicable in cases where the original purchaser at a tax sale is another than the city or town shall thereafter apply in the case of such an assignment, as if the assignee had been a tax purchaser for the original sum at the original sale or at a sale made at the time of the taking and had paid to the city or town the subsequent taxes and charges included in the sum paid for the assignment. Any extension of the time within which foreclosure proceedings may not be instituted granted by a municipality’s treasurer prior to assignment shall be included in the language of sale and be binding upon the assignee. If the land is not redeemed within 1 year, then the foreclosing entity shall publish a notice of auction of the land in each of 3 successive weeks, the first publication of which shall be not less than 21 days before the day of sale, in a newspaper published in the city or town where the land lies or in a newspaper with general circulation in the city or town where the land lies and notice of the sale has been sent by registered mail to the owner or owners of record. If the purchaser sells the land at auction, the balance of any proceeds above and beyond reasonable expenses as approved by the land court shall be returned to the owner with a detailed accounting of these expenses within 60 days of such sale. If the land is redeemed, the foreclosing entity shall take whatever action is necessary to vacate and rescind the foreclosure in land court and record that the title has been redeemed by filing a document at the county registry of deeds entitled “Satisfaction of Tax Title Liability”.
SECTION ___. Section 53 of said chapter 60, as so appearing, is hereby amended by inserting after the word “published,”, in line 6, inclusive, the following words:- where the land is residential such notice shall be served in the manner required by law for the service of subpoenas on witnesses in civil cases and published.
SECTION ___. Said section 53 of said chapter 60, as so appearing, is hereby further amended by adding the following paragraph:-
Where the land is residential all notices sent pursuant to this section shall include a uniform notice approved by the attorney general, together with a notice in the five most common languages in the commonwealth that this notice affects important legal rights and should be translated immediately. Such notice shall state in language understandable by a least sophisticated consumer:
(i)That a complaint to foreclose the tax title may be filed on or after a specific date;
(ii)That the tax title may be sold to a third party;
(iii)Why the property was taken and that the owner may redeem the property and the date when the redemption period expires;
(iv)The components of the amount required to redeem the property and the procedure for redemption;
(v)That if a complaint to foreclose the tax title is filed and the owner does not respond by filing an answer the court may enter an order defaulting the order;
(vi)That if a complaint to foreclose the tax title is filed, the owner may respond by filing an answer that requests that the court set the terms by which the owner may redeem the property;
(vii)That if the property is not redeemed, the town or tax purchaser is entitled to receive an order from the land court that completes a transfer of ownership of the property to the town or said purchaser and permanently eliminates any rights the owner has in the property; and
(viii)That if the property is not redeemed, the property may be sold at auction and the owner will likely loses significant equity in the property.
SECTION ___. Said chapter 60 is hereby further amended by striking out section 62A and inserting in place thereof the following section:-
Section 62A. Municipalities may by bylaw or ordinance authorize payment agreements between the treasurer and persons entitled to redeem parcels in tax title. Such agreements shall be for a maximum term of no more than 10 years and may waive not more than 50 per cent of the interest that has accrued on the amount of the tax title account unless someone aged 60 or older or whose primary source of income is disability benefits is on the deed for the parcel and the parcel is his or her primary residence, in which case 75 percent of the interest that has accrued on the amount of the tax title may be waived, subject to such lower limit as the ordinance or bylaw may specify. An ordinance or bylaw under this section shall provide for such agreements and waivers uniformly for classes of tax titles defined in the ordinance or bylaw. Any such agreement must require a minimum payment at the inception of the agreement of 25 percent of the amount needed to redeem the parcel unless someone aged 60 or older or whose primary source of income is disability benefits is on the deed for the parcel and the parcel is his or her primary residence, in which case the minimum payment shall be no less than 10 percent of the amount needed to redeem the parcel of the interest that has accrued on the amount of the tax title may be waived, subject to such lower limit as the ordinance or bylaw may specify. During the term of the agreement the treasurer may not bring an action to foreclose the tax title unless payments are not made in accordance with the schedule set out in the agreement or timely payments are not made on other amounts due to the municipality that are a lien on the same parcel.
SECTION ___. Said chapter 60 is hereby further amended by striking out section 64 and inserting in place thereof the following section:-
Section 64. The title conveyed by a tax collector's deed or by a taking of land for taxes shall be absolute after foreclosure of the right of redemption by decree of the land court as provided in this chapter. The land court shall have exclusive jurisdiction of the foreclosure of all rights of redemption from titles conveyed by a tax collector's deed or a taking of land for taxes, in a proceeding provided for in sections 65 to 75, inclusive. Except if the title was conveyed to a third party pursuant to section 2C or 52 then the title may be redeemed within 1 year of the foreclosure.
SECTION ___. Section 65 of said chapter 60, as so appearing, is hereby amended by striking out, in line 4, the words “after six months,” and inserting in place thereof the following words:- after 12 months.”.
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An Act relative to dental hygienist reciprocal licensure
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S2392
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SD2552
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-05T14:32:03.807'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-05T14:32:03.8066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2392/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2392) (subject to Joint Rule 12) of Patrick M. O'Connor for legislation relative to dental hygienist reciprocal licensure. Consumer Protection and Professional Licensure.
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Section 51 of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the third paragraph, the following paragraph:-
The board may, without examination upon payment of a fee determined annually by the commissioner of administration under the provision of section three B of chapter seven, register and issue a dental hygienist license to a dentist who has been lawfully in practice for at least five years in another state, country, or province if he presents to the board a certificate of registration and duration of practice from an out-of-state board of dental examiners or other like registration entity of such state, country, or province; provided, that such other jurisdiction shall require a degree of competency as determined by the board equal to that required of applicants in this commonwealth.
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}, {'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act authorizing the commissioner of capital asset management and maintenance to convey certain parcels of land to the city of Westfield
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S2393
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SD2540
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-03-13T15:09:08.687'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-03-13T15:09:08.6866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2393/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill) (subject to Joint Rule 12) of John C. Velis for legislation to authorize the commissioner of capital asset management and maintenance to convey certain parcels of land to the city of Westfield. State Administration and Regulatory Oversight. [Local approval received]
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SECTION 1. Notwithstanding sections 34 to 37 of chapter 7C of the General Laws or any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may convey to the city of Westfield, for no monetary consideration, the parcels of land described in section 2, currently under the care and control of the department of conservation and recreation, taken for dike construction on the Westfield river and held for conservation and recreation purposes, subject to the requirements of section 3 and 4, and to such additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance may prescribe in consultation with the commissioner of conservation and recreation. Prior to finalizing the transaction or making the conveyance by this section, the division of capital asset management and maintenance may complete a survey of the parcels.
SECTION 2. The parcels of land authorized to be conveyed pursuant to section 1 contain approximately 13.23 acres and consist of: (a) parcels 1 to 28, inclusive, as shown on a plan entitled, “Plan of Land in the City of Westfield, Taken in Behalf of the Commonwealth of Massachusetts, Acting by the Department of Public Works, Under Chapter 790 of the Acts of 1949 and Chapter 513 of the Acts of 1939”, Approved May 25, 1950, and recorded in the Hampden district registry of deeds in plan book 31, page 27 and 28, being the land taken pursuant to an order of taking recorded in the Hampden district registry of deeds in book 2050, page 575, and (b) lots 17 and 25 shown on a plan entitled, “Subdivision of Lots A&B shown on a plan filed with Cert. of Title No. 500 Registry District of Hampden County, Land in Westfield”, dated September 1916, known as plan 5888-A filed with certificate of title number 500 in the Hampden registry district of the land court, being the land taken pursuant to an order of taking recorded in the Hampden district registry of the land court as document number 13615.
SECTION 3. The parcels conveyed to the city of Westfield pursuant to section 1 shall be under the care and control of the division of parks and recreation of the department of public works of the city of Westfield. The parcels shall be held for conservation and recreation purposes and flood protection purposes, including, but not limited to, the construction and maintenance of a flood control levee and a recreational trail open to the general public, subject to the reasonable rules and regulations of the city, pursuant to article XCVII of the Amendments to the Constitution of the commonwealth.
SECTON 4. The city of Westfield shall be responsible for all costs associated with the conveyances and releases authorized by this act including, but not limited to, any survey, recording or legal costs and any other expenses incurred by the commonwealth in connection with the conveyance and for all costs, liabilities and expenses of any nature and kind for its ownership, use, operation and maintenance, including, but not limited to, the associated flood control works under item 7822-01 of section 2 of chapter 790 of the acts of 1949, chapter 513 of the acts of 1939 and chapter 91 of the General Laws.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the conveyance of certain property to the city of Westfield, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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[{'Description': 'SD2540 -- Westfield', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16343&title=SD2540%20--%20Westfield'}]
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}]
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An Act updating the citizens advisory panel and strengthening citizen participation on the panel for the decommissioning of the Pilgrim Nuclear Power Plant
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S2394
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SD2518
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-20T17:07:23.293'}
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[{'Id': None, 'Name': 'Arthur Desloges', 'Type': 3, 'Details': None, 'ResponseDate': '2023-03-20T17:07:23.2933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2394/DocumentHistoryActions
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Bill
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By Ms. Moran (by request), a petition (accompanied by bill) (subject to Joint Rule 12) of Arthur Desloges for legislation to update the citizens advisory panel and strengthening citizen participation on the panel for the decommissioning of the Pilgrim Nuclear Power Plant. Telecommunications, Utilities and Energy.
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Chapter 188, SECTION 14 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by deleting subsection (a) in its entirety and replacing subsection (a) with the following subsection (a): “There shall be created a nuclear decommissioning citizens advisory panel which shall consist of the following members or their designees: the secretary of health and human services, who shall serve ex officio; the secretary of energy and environmental affairs, who shall serve ex officio; the commissioner public utilities, who shall serve ex officio; the secretary of housing and economic development, who shall serve ex officio; the director of the Massachusetts Emergency Management Agency; 1 member from Massachusetts Department of Public Health Radiological Control Program appointed by the Bureau of Environmental Health;
1 representative of the Town of Plymouth as selected by the Plymouth Select Board; 1 member appointed by the Governor; 1 member appointed by the Speaker of the House; 1 member appointed by the President of the Senate; 1 member appointed by the Attorney General’s Office; 2 non-voting representatives of the Pilgrim Nuclear Power Station, also known in this section as PNPS or Station, as selected by the owner of the Station; 2 at large representatives, one each appointed by the State Senator and the other by State Representative who represent the district where former Pilgrim Nuclear Power Station is situated; 1 member appointed by the senior US Senator from Massachusetts; 1 member appointed by the Town of Plymouth Preservation Committee; 1 member appointed by the Plymouth League of Woman Voters; 1 member appointed by the Town of Duxbury Select Board; 1 member to represent the blue economy appointed by the MA Seafood Collaborative; 1 member appointed by the MA Association of Realtors; 1 member appointed by the Association to Protect Cape Cod; 1 member appointed jointly by the Herring Pond Wampanoag Tribe; and 1 member appointed by the Town of Plymouth Board of Health.”
Said SECTION 14, as so appearing, is further amended in subsection (b) by replacing in its entirety, a new subsection (b) as follows:- “Each appointing authority shall appoint a member for a 3-year term. Subsequent appointments under this subdivision shall be for terms of 4 years. Ex officio members shall serve for the duration of their time in office or until a successor has been appointed.”
(c) The commissioner of public utilities shall serve as the chair until the panel elects a chair or co-chairs under subsection (d).
(d) The panel annually shall elect a chair or co-chairs, and a vice chair, for 1-year terms commencing with its first meeting following the effective date of this section.
Said Section 14, as so appearing, is further amended in subsection (e) by replacing in its entirety a new subsection (e) as follows; - “A majority of the panel's voting members shall constitute a quorum. The panel shall act only by vote of a majority of its entire voting membership and only at meetings called by the chair or a co-chair or by any 5 of the members. The person or persons calling the meeting shall provide adequate notice to all its members.”
(f) Members of the panel who are not ex officio members, employees of the Commonwealth of Massachusetts, representatives of the PNPS, or members representing towns outside Massachusetts, and who are not otherwise compensated or reimbursed for their attendance shall be entitled to $50 per diem and their necessary and actual expenses.
(g) The executive office of energy and environmental affairs shall furnish administrative support for the panel.
Said SECTION 14, as so appearing, is further amended in subsection (h) by replacing in its entirety a new subsection (h) as follows:- “The chair shall: (1) manage the provision of administrative support to the panel, including scheduling meetings and securing meeting locations, providing public notice of meetings, producing minutes of meetings, and assisting in the compilation and production of the panel's annual report; (2) keep the panel informed of the status of matters within the jurisdiction of the panel; (3) notify members of the panel in a timely manner upon receipt of information relating to matters within the jurisdiction of the panel; (4) upon request, provide to all members of the panel all relevant information within the control of the department of public utilities relating to subjects within the scope of the duties of the panel; (5) provide workshops or training for panel members as may be appropriate; (6) hire experts, contract for services, and provide for materials and other reasonable and necessary expenses of the panel as the commissioner may consider appropriate on request of the panel from time to time; (7) funds for these purposes described in this subsection (h) shall come from the owners of the Pilgrim Nuclear Power Plant and not to exceed $35,000.00 annually.”
Said SECTIION 14, as so appearing, is further amended in subsection (i) by replacing in its entirety a new subsection (i) as follows:- “The Panel shall serve in an advisory capacity only and shall not have authority to direct decommissioning of the PNPS. The duties of the panel shall be: (1) to commence public meetings beginning on or about June 1, 2017, at a frequency of quarterly until the shutdown of the Pilgrim Nuclear Power Station (PNPS) for the purpose of discussing issues related to decommissioning planning activities; (2) to hold a minimum of four public meetings each year for the purpose of discussing issues relating to the progress of decommissioning of the PNPS beginning on or about June 1, 2019, or when the PNPS permanently ceases power operations; provided that the panel may hold additional meetings; (3) to advise the governor, the general court, the agencies of the commonwealth, and the public on issues related to the decommissioning of the PNPS, with a written report being provided annually to the governor and to the energy committees of the General Court. This report will provide in reasonable detail the sentiments, fears, concerns, and opinions of the community with respect to the decommissioning and include a list of groups and residents providing testimony; (4) to serve as a conduit for public information and education on and to encourage community involvement in matters related to the decommissioning of the PNPS and to receive written reports and presentations on the decommissioning of the Station at its regular meetings; (5) to periodically receive reports on the Decommissioning Trust Fund and other funds associated with decommissioning of the PNPS, including fund balances, expenditures made, and reimbursements received which the owner of the PNPS shall provide; (6) to receive reports regarding the decommissioning plans for the PNPS, including any site assessments and post-shutdown decommissioning assessment reports which the owner of the PNPS shall provide; (7) to provide a forum and a website for receiving public comment on these plans and reports; (8) to provide summaries and comments on these plans and reports to state agencies and the owner of the PNPS and in the annual report described in clause (3); (9) the Governor, Chair and representatives from the panel shall meet at least annually to discuss the sentiment, opinions and concerns of both the public and the panel with respect to matters under the jurisdiction of the panel (10) the Chair shall ensure that at least 60 minutes of each public meeting be allocated to public comment and testimony; and (11) the Chair shall provide sufficient time at each meeting where the owners of the Pilgrim Nuclear Power Plant respond to questions from the panel and respond to reasonable questions from the public. Questions from the public shall be submitted in writing and in advance of the meeting.”
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}]
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Investing in Vocational-Technical Education to Build Capacity, Expand Access, and Create Opportunities
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S2395
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-05-12T10:48:47.087'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-05-12T10:48:47.0866667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-05-15T14:35:28.8133333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-05-19T15:07:11.8966667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-05-22T15:31:14.53'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-05-22T16:27:07.6833333'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-05-22T17:11:12.8733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2395/DocumentHistoryActions
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Amendment
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Senate, May 24, 2023 -- Text of amendment (715) (offered by Senator Feeney) to the Ways and Means amendment (Senate, No. 3) to the House Bill making appropriations for the fiscal year 2024 for the maintenance of the departments, boards, commissions, institutions, and certain activities of the Commonwealth, for interest, sinking fund, and serial bond requirements, and for certain permanent improvements.
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by inserting after section ___ the following sections:-
"SECTION ___. To create a new capital infrastructure and investment tool within the Massachusetts School Building Authority, established under section 1A of Chapter 70, to provide for a program of capital investments for vocational-technical education programs and regional vocational-technical schools, as defined in Chapter 74 of the General Laws, for investment in equitable access to public education and industry-relevant workforce and economic development infrastructure; to support greater access to vocational-technical education programs and regional vocational-technical schools as defined in Chapter 74; to fund replacement and renovation of school infrastructure to meet workforce demands of regional employers and increase equitable access for all students applying to Chapter 74 programs and schools; and to support the purchase of critical training equipment for the purposes of teaching and learning, the sums set forth in this section, for the purposes and subject to the conditions specified in this act, are hereby made available, subject to the laws regulating the disbursement of public funds, which sums shall be in addition to any other amounts previously appropriated for these purposes; provided, that the amounts specified for a particular project may be adjusted in order to facilitate projects authorized in this act. For costs associated with initiatives, projects and expenditures to replace or make improvements to the quality, consistency, efficiency and delivery of any Chapter 74 program or regional school for the benefit of the public high school students in Chapter 74 programs and regional school districts and their preparation for post-secondary and career opportunities.……….………………$3,000,000,000
SECTION ___. Section 10 of Chapter 70B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new subsection:
(d) Notwithstanding any state law, state regulation or agency policy to the contrary, the authority shall be authorized and directed to add twenty (20) percentage points to the project reimbursement rates for regional vocational-technical high school and county, regional and independent agricultural high school construction so that reimbursement rates for such projects are not less than 75% nor more than 90% of the eligible costs. Further, the authority shall add five (5) percentage points to the reimbursement rate for any project that includes state-approved vocational-technical education programs as defined in Chapter 74 of the General Laws aligned with priorities specifically identified in the Regional Labor Market Blueprint for the region in which the school is located. However, additional percentage points shall not be awarded unless the school currently offers five (5) or more Chapter 74 programs. In no case shall the total reimbursement for a project exceed 90% of eligible costs.
Funds for this Section shall come from revenue generated by the Fair Share Amendment passed by voters in November of 2022 and which amended Article XLIV of the Massachusetts Constitution.
SECTION ___. Section 21C of Chapter 59 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after subsection (n) the following new subsection:- (o) The local appropriating authority may, by accepting this paragraph, provide that taxes may thereafter be assessed in excess of the amount otherwise allowed by this section, solely for payment, in whole or in part, of debt service charges incurred for the construction of a regional-vocational technical high school that the school board responsible for determining the debt service charges certifies were not in fiscal year two thousand and twenty-one paid by local taxes.
SECTION ___. Chapter 69 of the Massachusetts General Laws is hereby amended by adding the following section:-
Section 37. For the purposes of sections 38 through 42, inclusive, the following terms
shall have the following meanings, unless the context clearly requires otherwise:-
“Office”, shall mean the office of vocational-technical education.
“District of residence”, shall mean the school district of the city or town where a student resides.
“School of residence”, shall mean the middle school or junior high school a student attends within their district of residence.
Section 38. (a) There is hereby established within the department of elementary and secondary education an office of vocational-technical education whose purpose is to develop and implement policies and promulgate regulations to promote, enhance, and expand vocational-technical education programs, as defined in Chapter 74 of the General Laws, in the commonwealth.
(b) The office shall:
(i) oversee all Chapter 74 approved programs and ensure compliance with M.G.L. Chapter 74 and related regulations;
(ii) establish a statewide marketing campaign to promote the success of vocational-technical education and careers in Massachusetts and to raise the level of awareness and understanding of such education among parents, students, businesses, labor unions, and the general public;
(iii) work to increase awareness of vocational-technical education and career opportunities among students in elementary schools, junior high schools, and middle schools;
(iv) ensure that schools offering Chapter 74 programs are provided reasonable access during the school day at schools of residence to meet with all students and distribute information about vocational-technical education and careers to said students, including English language learners, students with disabilities, students of color, and other student populations, to ensure that such information is provided equitably to all learners;
(v) ensure that schools offering Chapter 74 programs are given the opportunity during the school day to host middle school tours, with transportation costs paid by the school hosting the tour, for all middle school students in member communities, including English language learners, students with disabilities, students of color, and other student populations to ensure that such opportunities are provided equitably to all learners; and further ensure that the school of residence may not count middle school student tours of vocational schools or programs during the school day as unexcused absences if the vocational school or program confirms the student's participation, and may not unreasonably withhold student access to tours of vocational schools and programs during the school day.
(vi) require that schools offering Chapter 74 programs are given the opportunity to provide middle and junior high school students with information about vocational-technical programs and careers through mail and email.
(vii) require all middle schools and junior high schools in member communities to establish and implement a Chapter 74 Access Policy, in accordance with state requirements promoting equitable access to Chapter 74 programs, outlining specific ways in which the middle schools will collaborate with regional vocational-technical high schools and agricultural high schools to:
(a) provide staff members from Chapter 74 schools with direct school day access to all middle school students, to inform them about opportunities in vocational-technical and agricultural education and to distribute materials about such opportunities to them;
(b) provide all middle school students an opportunity to tour, during regular middle school hours, the regional vocational-technical high school and/or county agricultural school of which the middle school’s city or town is a member, with the transportation costs of all such tours being borne by the school hosting the tours;
(c) provide contact information for all seventh-grade and eighth-grade middle school students, including a student’s name and mailing address, a student’s personal email address, and the parent’s/guardian’s email address by October 15 of each school year;
(viii) establish, in addition to the minimum requirements outlined in the preceding subsections, such additional requirements for Chapter 74 Access Policies as the office deems reasonable and necessary to promote equitable access by all students to information about vocational-technical and agricultural education;
(ix) require all sending school districts which are members of a regional-vocational school district or whose community is located in the county or district of an agricultural high school to:
(a) submit the Chapter 74 Access Policy annually to the office;
(b) annually attest in writing that the Chapter 74 Access Policy is being implemented equitably and that all students are being provided with information, access, and tours in accordance with this section and with federal and state civil rights laws, regulations, and policies;
(c) post the Chapter 74 Access Policy on its district website and provide written copies to students and parents, upon request;
(x) create a mechanism to enforce timely implementation of Chapter 74 Access Policies;
(xi) establish a system to ensure that students who live in communities that are not members of or affiliated with a regional vocational-technical high school district or agricultural high school annually are provided with information about their high school options, including their option to seek an education in a vocational-technical or agricultural high school;
(xii) support the attainment of Industry Recognized Credentials in Chapter 74 programs;
(xiii) support the use of both longitudinal and pre- and post-student assessment as a means of obtaining meaningful data for curricular improvement. Data may be utilized for facilities improvement, equipment investments, mission success, and professional development;
(xiv) encourage and work to increase the use of articulation agreements with community colleges and public universities and other dual credit programs to allow vocational-technical students to earn credit leading to an associate’s or bachelor’s degree;
(xv) provide technical support to schools seeking to offer Chapter 74 programs that meet regional labor market demands and do not duplicate existing programs in the region;
(xvi) support the continuation of state grant programs that provide funding for equipment purchases and facility expansion; and
(xvii) support the continuation of demonstration programs that provide opportunities in vocational-technical education for students unable to secure a seat in an approved Chapter 74 program due to lack of enrollment capacity.
SECTION ___. Section 3A of Chapter 70B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the number “17” and inserting “19” in place thereof, and further by inserting, after “Fire Chiefs' Association of Massachusetts, Inc.” the following:- “, Massachusetts Association of Vocational Administrators, Inc., Alliance for Vocational Technical Education,”
SECTION ___. Chapter 70 of the General Laws is hereby amended by inserting the following new section: --
Section 10A. Expansion Grants for Regional Vocational-Technical Schools
(a) In addition to the funding otherwise provided pursuant to this chapter, any regional or county vocational or agricultural school shall, subject to appropriation, receive a one-year expansion grant in any fiscal year in which its foundation enrollment increases by more than two percent over its foundation enrollment for the previous fiscal year.
(b) The amount of said expansion grant shall be calculated by multiplying the number of additional students in its foundation enrollment, over its foundation enrollment for the previous fiscal year, by its per-student foundation budget amount. The per-student foundation budget amount shall be calculated by dividing the district’s foundation budget amount for the current year by its foundation enrollment for the prior fiscal year.
(c) The department shall annually solicit information from all regional and county vocational and agricultural schools as needed to estimate the amounts required to fund expansion grants in the coming fiscal year for all such schools, and the department shall request appropriation of the amount required to fully fund such expansion grants.
(d) If the amount appropriated for expansion grants in a fiscal year is less than the amount required to fully fund such grants, then each eligible regional or county vocational or agricultural school shall receive a share of the appropriated funds proportional to the share that its expansion grant, calculated pursuant to subsection (b), constitutes of the total amount of expansion grants for all schools, pursuant to said subsection.
SECTION ___. Notwithstanding any general or special law to the contrary, to meet the expenditures necessary in carrying out section 1, 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, $3,000,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face Commonwealth Vocational-Technical Education Expansion 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; provided, however, that all such bonds shall be payable not later than June 30, 2057. 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."
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An Act exempting the town of Tewksbury from the provisions of the civil service law with regard to the recruitment and hiring of full-time permanent police officers
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S2396
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SD2643
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-06-06T16:03:41.347'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-06-06T16:03:41.3466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2396/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 2396) of Barry R. Finegold (by vote of the town) for legislation to exempt the town of Tewksbury from the provisions of the civil service law with regard to the recruitment and hiring of full-time permanent police officers. Public Service. [Local Approval Received.]
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SECTION 1. Notwithstanding the provisions of any general or special law or rule to the contrary, the Town of Tewksbury shall be exempt from chapter 31 of the General Laws for the purposes of recruiting and hiring the position of permanent full-time police officer; provided, however, that such hiring shall occur only after a competitive process implemented by the appointing authority of the Town; provided, further that such competitive process shall offer preference to residents of the Town of Tewksbury or veterans of the United States military; and provided, further that following (1) an original appointment as a permanent full-time police officer and graduation from a police academy or (2) a permanent full-time position transfer from another police department, said police officer shall engage in the actual performance of the duties of such position for a probationary period of twelve (12) months, whereupon after completion of the probationary period, or extended probationary period, the police officer shall be considered a full-time tenured civil service employee in said position under chapter 31 of the General Laws.
SECTION 2. This act shall take effect upon its passage.
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[{'Description': 'S2396 -- Tewksbury', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16734&title=S2396%20--%20Tewksbury'}]
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An Act to improve the Commonwealth’s competitiveness, affordability, and equity
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S2397
| 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': '2023-06-08T11:03:03.157'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2397/DocumentHistoryActions
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Amendment
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Senate, June 8, 2023 -- The committee on Senate Ways and Means to whom was referred the House Bill to improve the Commonwealth’s competitiveness, affordability, and equity (House, No. 3770); 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 2397. (Operating Resources in FY24: $586,000,000.00)
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SECTION 1. Chapter 59 of the General Laws is hereby amended by inserting after section 5N the following section:-
Section 5O. In any city or town that accepts this section, the board of selectmen of the town, the town council of a municipality having a town council form of government or the mayor of a city, with the approval of the city council, may establish a property tax exemption for real property classified as Class One, residential in the city or town that is affordable for and rented and occupied by persons whose household income is not more than 130 per cent of the area median income. The exemption shall be for an amount determined by each city or town; provided, however, that the amount shall be not more than the tax otherwise due on the parcel based on the full and fair assessed value multiplied by the square footage of the housing units rented and occupied by persons whose household income is not more than 130 per cent of the area median income divided by the total square footage of a structure located on the parcel. Assessment of property seeking an exemption under this section, if by an income approach to value, shall assume fair market rent for all units. To be eligible for the exemption, the housing unit shall be leased to persons whose household income is not more than 130 per cent of the area median income for the entire fiscal year for which the exemption is sought. The property owner seeking the exemption shall submit to the city or town any documentation the city or town deems necessary, including, but not limited to, a signed lease, to confirm the eligibility of the property for the exemption under this section.
A municipality may adopt ordinances or by-laws to implement this section in a way that is consistent with the intent of this section.
SECTION 2. Section 3 of chapter 62 of the General Laws is hereby amended by striking out, in line 109, as appearing in the 2020 Official Edition, the figure “$3,000” and inserting in place thereof the following figure:- $4,000.
SECTION 3. Said section 3 of said chapter 62 is hereby further amended by inserting after the word “boat”, in line 160, as so appearing, the following words:- , or for regional transit authority passes, or for bikeshare memberships or for bicycles, including electric bikes, or bicycle improvements, repair and storage.
SECTION 4. Paragraph (a) of part B of said section 3 of said chapter 62, as amended by section 24 of chapter 24 of the acts of 2021, is hereby further amended by adding the following subparagraph:-
(20) An amount equal to the amount of student loan payment assistance received by an individual from their employer during the taxable year not already excluded under section 127 of the Code. For the purposes of this subparagraph, “student loan payment assistance” shall mean the payment of principal or interest on a qualified education loan, as defined in section 221 of the Code.
SECTION 5. Section 6 of said chapter 62 is hereby amended by striking out, in line 75, as appearing in the 2020 Official Edition, the words “one thousand five hundred dollars” and inserting in place thereof the following figure:- $3,000.
SECTION 6. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 86, as so appearing, the words “five hundred dollars” and inserting in place thereof the following figure:- $1,000.
SECTION 7. Said section 6 of said chapter 62 is hereby further amended by striking out, in lines 245 and 250, as so appearing, the figure “30” and inserting in place thereof, in each instance, the following figure:- 40.
SECTION 8. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 269, as so appearing, the figure “40” and inserting in place thereof the following figure:- 60.
SECTION 9. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 273, as so appearing, the figure “$15,000” and inserting in place thereof the following figure:- $40,000.
SECTION 10. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 277, as so appearing, the figure “$1,500” and inserting in place thereof the following figure:- $4,000.
SECTION 11. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 279, as so appearing, the figure “$6,000” and inserting in place thereof the following figure:- $18,000.
SECTION 12. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 290, as so appearing, the figure “2023” and inserting in place thereof the following figure:- 2028.
SECTION 13. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 296, as so appearing, the figure “2024” and inserting in place thereof the following figure:- 2029.
SECTION 14. Paragraph (4) of subsection (j) of said section 6 of said chapter 62, as so appearing, is hereby amended by adding the following sentence:- For the purposes of the Brownfields Redevelopment Fund, “state financial assistance” shall mean the amount of any grant or principal amount of any loan, but shall not include any loan principal repaid as of the date the credit application is filed with the commissioner. Net response and removal costs shall not include any reimbursement that is received, or will be received, by the applicant, or any amounts paid on behalf of the applicant from any source for these costs.
SECTION 15. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 447, as so appearing, the figure “$750” and inserting in place thereof the following figure:- $1,500.
SECTION 16. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 732, as so appearing, the figure “$6,000,000” and inserting in place thereof the following figure:- $8,000,000.
SECTION 17. Subsection (q) of said section 6 of said chapter 62 is hereby amended by striking out paragraph (5), as so appearing, and inserting in place thereof the following paragraph:-
(5) EOHLC may authorize not more than $30,000,000 in credits annually under this subsection and section 38BB of chapter 63. EOHLC may authorize annually any credits under this subsection or said section 38BB of said chapter 63 returned to EOHLC by a certified housing development project. The total amount of credits authorized during a year shall include: (1) credits granted during the year pursuant to this subsection or said section 38BB of said chapter 63; and (2) carry forwards of credits from prior years pursuant to this subsection or said section 38BB of said chapter 63, to the extent that such credit carry forwards are estimated by the commissioner to offset tax liabilities during the year. Any portion of the $30,000,000 annual cap not awarded by EOHLC in a calendar year shall not be applied to awards in a subsequent year. EOHLC shall provide the commissioner of revenue with any documentation that the commissioner deems necessary to confirm compliance with the annual cap and the commissioner shall provide a report confirming compliance with the annual cap to the secretary of administration and finance and the secretary of housing and economic development.
SECTION 18. Said section 6 of said chapter 62 is hereby further amended by inserting after the figure “31-33”, in line 1158, as so appearing, the following words:- and other expansion industries the secretary of labor and workforce development identifies as critical to a regional labor market economy.
SECTION 19. Said section 6 of said chapter 62 is hereby further amended by striking out subsections (x) and (y), as most recently amended by sections 30 to 33, inclusive, of chapter 102 of the acts of 2021, and inserting in place thereof the following subsection:-
(x) For the purposes of this subsection, “maintains a household” shall have the same meaning as in section 21 of the Code. With respect to a taxpayer who is a non-resident for part of the taxable year, the credit shall be further limited to the amount of allowable credit multiplied by a fraction, the numerator of which shall be the number of days in the taxable year the person resided in the commonwealth and the denominator of which shall be the number of days in the taxable year. A taxpayer who maintains a household that includes as a member at least 1 individual: (i) under the age of 13 who qualifies for exemption as a dependent under section 151 of the Code; (ii) who is a qualifying individual as defined in said section 21 of the Code; or (iii) at least 1 individual: (A) who is not less than 65 years of age or who is disabled; and (B) who qualifies as a dependent under section 152 of the Code, shall be allowed a credit in an amount equal to $310 for each such dependent or qualifying individual with respect to the taxpayer; provided, however, that if the taxpayer is married at the close of the taxable year, the credit provided in this subsection shall be allowed if: (a) the taxpayer and the taxpayer’s spouse file a joint return for the taxable year; or (b) the taxpayer qualifies as a head of household under section 2(b) of the Code. A person who is a non-resident for the entire taxable year shall not qualify for the credit. If the amount of the credit allowed under this subsection exceeds the taxpayer’s tax liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the entire amount of the excess without interest.
SECTION 20. Section 6I of said chapter 62 is hereby amended by striking out, in line70, as so appearing, the figure “$40,000,000” and inserting in place thereof the following figure:- $60,000,000.
SECTION 21. Section 5 of chapter 62F of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(e) Monthly, the comptroller shall submit a report to the clerks of the senate and the house of representatives, the joint committee on revenue and the senate and house committees on ways and means on net state revenue for the current fiscal year, projections for net state tax revenue for the remainder of said fiscal year and an estimate of if, and when, net state revenue may exceed allowable state tax revenue for said fiscal year.
SECTION 22. Section 38Q of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the figure “2023” and inserting in place thereof the following figure:- 2028.
SECTION 23. Said section 38Q of said chapter 63, as so appearing, is hereby further amended by striking out, in line 9, the figure “2024” and inserting in place thereof the following figure:- 2029.
SECTION 24. Subsection (d) of said section 38Q of said chapter 63, as so appearing, is hereby amended by adding the following sentence:- For the purpose of the Brownfields Redevelopment Fund, “state financial assistance” shall mean the amount of any grant or principal amount of any loan, but shall not include any loan principal repaid as of the date the credit application is filed with the commissioner. Net response and removal costs shall not include any reimbursement that is received, or will be received, by the applicant, or any amounts paid on behalf of the applicant from any source for these costs.
SECTION 25. Section 38Z of said chapter 63, as so appearing, is hereby amended by striking out, in line 28, the figure “$6,000,000” and inserting in place thereof the following figure:- $8,000,000.
SECTION 26. Section 38BB of said chapter 63 is hereby amended by striking out subdivision (5), as so appearing, and inserting in place thereof the following subdivision:-
(5) EOHLC may authorize up to $30,000,000 in credits annually under this section and subsection (q) of section 6 of chapter 62. EOHLC may authorize annually any credits under this section or said subsection (q) of said section 6 of said chapter 62 returned to EOHLC by a certified housing development project. The total amount of credits authorized during a year shall include: (1) credits granted during the year under this section or said subsection (q) of section 6 of chapter 62; and (2) carry forwards of credits from prior years under this section or said subsection (q) of section 6 of chapter 62, to the extent that such credit carry forwards are estimated by the commissioner of revenue to offset tax liabilities during the year. Any portion of the $30,000,000 annual cap not awarded by EOHLC in a calendar year shall not be applied to awards in a subsequent year. EOHLC shall provide the commissioner of revenue with any documentation that the commissioner deems necessary to confirm compliance with the annual cap and the commissioner shall provide a report confirming compliance with the annual cap to the secretary of administration and finance and the secretary of housing and economic development.
SECTION 27. Section 38HH of said chapter 63, as so appearing, is hereby amended by inserting after the figure “31-33”, in line 18, the following words:- or other expansion industries the secretary of labor and workforce development identifies as critical to a regional labor market economy.
SECTION 28. Section 2A of chapter 65C of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place the following subsection:-
(a) A tax is hereby imposed upon the transfer of the estate of each person dying on or after January 1, 1997 who, at the time of death, was a resident of the commonwealth. The amount of the tax shall be equal to the credit for state death taxes that would have been allowable to a decedent’s estate as computed under section 2011 of the Code, as in effect on December 31, 2000, hereinafter referred to as the “credit”. If the federal gross estate of a person includes real or tangible personal property located outside of the commonwealth at the time of death, the tax shall be reduced by an amount equal to the proportion of such allowable credit as the value of such real or tangible personal property located outside of the commonwealth bears to the value of the entire federal gross estate wherever situated, as determined under section 2011 of the Code, as in effect on December 31, 2000.
SECTION 29. Said section 2A of said chapter 65C, as so appearing, is hereby further amended by adding the following 2 subsections:-
(f) For the estates of decedents dying on or after January 1, 2023, a credit shall be allowed against the tax imposed by subsections (a) and (b) equal to the amount of such tax; provided, however, that the credit shall not exceed $99,600.
(g) The estates of decedents dying on or after January 1, 2023 shall not be required to pay any tax under subsections (a) and (b) if the value of the federal taxable estate is not more than $2,000,000.
SECTION 30. Section 21 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in lines 20 and 21, the words “six per cent of alcohol by weight” and inserting in place thereof the following words:- 8½ per cent of alcohol by volume.
SECTION 31. Said section 21 of said chapter 138, as so appearing, is hereby further amended by striking out, in line 25, the word “six” and inserting in place thereof the following figure:- 8 ½.
SECTION 32. Sections 46, 48, 61, 63 and 124A of chapter 287 of the acts of 2014 are hereby repealed.
SECTION 33. Said chapter 358 is hereby further amended by striking out section 59.
SECTION 34. Section 112 of chapter 358 of the acts of 2020 is hereby amended by striking the words “Sections 59 and” and inserting in place thereof the following word:- Section.
SECTION 35. Notwithstanding any general or special law to the contrary, in calendar year 2023, the executive office of housing and livable communities may authorize not more than $57,000,000 in credits under subsection (q) of section 6 of chapter 62 of the General Laws and section 38BB of chapter 63 of the General Laws. Any portion of this amount that is not authorized in calendar year 2023 shall be added to the amount the executive office of housing and livable communities may authorize in subsequent years under said subsection (q) of said section (6) of said chapter 62 and said section 38BB of said chapter 63.
SECTION 36. The executive office for administration and finance shall conduct a study on the feasibility of creating a program of advance quarterly payments to taxpayers for credits that the department of revenue estimates would be treated as allowed for a taxpayer under subsection (x) of section 6 of chapter 62 of the General Laws for a taxable year. The study shall include, but not be limited to: (i) an operational plan for how the department of revenue could establish and maintain such a program; (ii) a description of the processes by which the department could collect information from taxpayers and from other agencies to maximize the accuracy of the department’s estimate of the amount that would be treated as allowed for a taxpayer under said subsection (x) of said section 6 of said chapter 62 for a taxable year; (iii) a description of the options for maximizing participation in such a program by taxpayers who are eligible for credits under said subsection (x) of said section 6 of said chapter 62; (iv) an analysis of any other credits against tax included in said section 6 of said chapter 62 that the department could include in an advance quarterly payment program; (v) potential challenges to the establishment of such a program and strategies by which the department could address those challenges; (vi) any legislative recommendations to support the establishment of such a program, if applicable; and (vii) an estimate of the funds that would be necessary for the department to establish and maintain such a program, if applicable.
The executive office shall submit a report of its findings to the house and senate committees on ways and means not later than January 1, 2024.
SECTION 37. Notwithstanding any general or special law to the contrary, the department of revenue shall analyze the potential impact of implementing an additional, elective entity-level tax of up to 4 per cent on a portion of qualified taxable income in the commonwealth of eligible pass-through entities defined in section 1 of chapter 63D of the General Laws, coupled with a refundable tax credit. The analysis shall consider: (i) the impacts on the commonwealth’s taxpayers and tax revenue; (ii) the feasibility of administering the additional elective tax; (iii) the feasibility of determining the portion of qualified income taxable in the commonwealth pursuant to this section based on: (A) an annual threshold tied to the threshold under Article XLIV of the Amendments of the Constitution; or (B) the consent of each qualified member to have a portion of the member’s share of qualified income taxable in the commonwealth subject to the additional tax; (iv) passthrough entity tax regimes in other states; and (v) the impact of any tax on qualified members with taxable income below the annual threshold under said Article XLIV.
The department of revenue shall submit a report of its findings to the clerks of the senate and house of representatives, the joint committee on revenue and the senate and house committees on ways and means not later than October 1, 2023.
SECTION 38. Sections 2, 7 and 15 shall apply to tax years beginning on or after January 1, 2023.
SECTION 39. Sections 17 and 26 shall take effect as of January 1, 2024.
SECTION 40. Sections 28 and 29 shall take effect for the estates of decedents dying on or after January 1, 2023.
SECTION 41. Except as otherwise specified, this act shall take effect for taxable years beginning on or after January 1, 2023.
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An Act relative to the well-being of new mothers and infants
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S2398
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SD2597
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-05T14:48:22.96'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-05T14:48:22.96'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2398/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 2398) (subject to Joint Rule 12) of Joan B. Lovely for legislation relative to the well-being of new mothers and infants. The Judiciary.
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SECTION 1. Section 1 of Chapter 123 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following new definitions:-
“Postpartum psychosis”, the most severe of the perinatal mood and anxiety disorders whereby an individual experiences alternating states of depression and/or mania (euphoria) and loses touch with reality. Postpartum psychosis severely impairs an individual’s thinking and judgment, with symptoms including, but not limited to, hallucinations and/or delusions, cognitive confusion and disorientation, disorganized or racing thoughts, minimal need for sleep, delirium, and excessive restlessness, such as pacing.
“Postpartum depression”, a mood disorder which includes a variety of moderate to severe symptoms of depression, severe anxiety, panic attacks and/or intrusive distressing obsessive thoughts and compulsive ritualistic behavior. Clinical symptoms of depression include, but are not limited to: insomnia and sleep disturbances; loss of pleasure and motivation in usual activities, including lack of interest in the infant sad and depressed mood; lack of clarity in thinking; lack of appetite or interest in eating; feelings of hopelessness, worthlessness and poor self-esteem; extreme fatigue; suicidal thoughts; not feeling like oneself; feeling overwhelmed and unable to cope with life’s demands.
SECTION 2. (a) As used in this section, “perinatal” shall refer to the period of time from pregnancy up until one year following birth.
(b) The department of public health may consult with health care providers, including, but not limited to, obstetricians, gynecologists, pediatricians, primary care providers, nurse midwives, psychiatrists, and mental health clinicians, non-profit organizations, community organizations, organizations providing prenatal childbirth education, and health insurance carriers regarding development of a comprehensive digital resource center on perinatal mood and anxiety disorders, including but not limited to postpartum depression and postpartum psychosis. The department shall create, maintain, and update this digital resource center, which shall be free and available to the public, and shall include information and resources for health care providers and organizations serving perinatal individuals to aid them in treating or making appropriate referrals for individuals experiencing perinatal psychiatric complications, as well as information and resources for perinatal individuals and their families to aid them in understanding and identifying perinatal mood and anxiety disorders and how to navigate available resources.
(c) The department shall issue regulations that require health care providers and organizations providing services to perinatal individuals, including, but not limited to, obstetricians, gynecologists, pediatricians, primary care providers, nurse midwives, psychiatrists, and mental health clinicians, non-profit organizations, community organizations, and organizations providing prenatal childbirth education, to provide information to perinatal individuals and their families about how to access the digital resource center described in subsection (b), or to provide hard copies of the materials included in the digital resource center to individuals unable to access digital resources.
(d) The commissioner of public health shall issue an annual summary of the use of the digital resource center described in subsection (b), including but not limited to which portions of the resource center were the most and least utilized by visitors, and shall annually file the summary with the clerks of the house of representatives and the senate not later than June 30; provided, however, that the first report is due not later than the June 30 following publication of the digital resource center.
SECTION 3. Section 15 of chapter 123 of the General Laws, as so appearing, is hereby amended by inserting after the word “psychologists”, in lines 7 and 8, the following words: provided however, that a defendant who gave birth within 12 months prior to the crime for which the defendant has been charged shall undergo a screening for perinatal psychiatric complications by a treating physician, psychiatrist or psychologist or other qualified physician or psychologist.
SECTION 4. Subsection (a) of section 15 of chapter 123 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following new sentence:- When an examination is ordered for a female defendant who suffers or suffered, at the time the crime for which the defendant has been charged with occurred, from mental illness related to a perinatal psychiatric complication such as postpartum psychosis or postpartum depression, said examination shall be conducted by an expert in reproductive psychiatry within 48 hours of such order.
SECTION 5. Section 16 of chapter 123 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following new subsection:-
(g) Any person committed to a facility under the provisions of this section who suffers from mental illness related to a perinatal psychiatric complication such as postpartum psychosis or postpartum depression shall receive a diagnosis and treatment plan made in consultation with an expert in reproductive psychiatry. Additional services, including but not limited to parenting assessment, parenting capacity building, and parent-child dyadic therapy shall be made available if deemed appropriate by the consulting expert.
SECTION 6. Chapter 123 of the General Laws, as so appearing, is hereby amended by adding the following section:- Section 37. (a) The department shall appoint a community program director to coordinate the department’s role provided for in this section in a particular county or region.
(b) Any person committed to a state hospital or other treatment facility under the provisions of section 16 may be placed on outpatient status, from that commitment subject to the procedures and provisions of this section.
(c) In the case of any person charged with and found incompetent to stand trial or not guilty by reason of mental illness or mental defect in such proceedings of murder, a violation in which the victim suffers intentionally inflicted great bodily injury, or an act which poses a serious threat of bodily harm to another person, outpatient status under this section shall not be available until that person has actually been confined in a state hospital or other treatment facility for 180 days or more after having been committed under the provisions of law specified in section 16, unless the court finds a suitable placement, including, but not limited to, an outpatient placement program, that would provide the person with more appropriate mental health treatment and the court finds that the placement would not pose a danger to the health or safety of others, including, but not limited to, the safety of the victim and the victim’s family.
(d) In the case of any person charged with and found incompetent to stand trial or not guilty by reason of mental illness or mental defect of any misdemeanor or any felony other than those described in subsection (c), or found not guilty of any misdemeanor by reason of mental illness or mental defect outpatient status under this section may be granted by the court prior to actual confinement in a state hospital or other treatment facility under the provisions of law specified in section 16.
(e) Before any person subject to the provisions of subsection (d) may be placed on outpatient status, the court shall consider all of the following criteria:
(i) In the case of a person who is an inpatient, whether the director of the state hospital or other treatment facility to which the person has been committed advises the court that the defendant will not be a danger to the health and safety of others while on outpatient status, and will benefit from such outpatient status.
(ii) In all cases, whether the community program director or a designee advises the court that the defendant will not be a danger to the health and safety of others while on outpatient status, will benefit from such status, and identifies an appropriate program of supervision and treatment. In the case of a female defendant who suffers from mental illness related to a perinatal psychiatric complication such as postpartum psychosis or postpartum depression, an appropriate treatment program shall be identified in consultation with an expert in reproductive psychiatry. Additional services, including but not limited to parenting assessment, parenting capacity building and parent-child dyadic therapy shall also be made available if deemed appropriate by the consulting expert.
(f) Prior to determining whether to place the person on outpatient status, the court shall provide actual notice to the prosecutor and defense counsel, and to the victim, and shall hold a hearing at which the court may specifically order outpatient status for the person.
(g) The community program director or a designee shall prepare and submit the evaluation and the treatment plan specified in paragraph (ii) of subsection (e) to the court within 15 calendar days after notification by the court to do so, except that in the case of a person who is an inpatient, the evaluation and treatment plan shall be submitted within 30 calendar days after notification by the court to do so.
(h) Any evaluations and recommendations pursuant to paragraphs (i) and (ii) of subsection (e) shall include review and consideration of complete, available information regarding the circumstances of the criminal offense and the person’s prior criminal history.
(i) Before any person subject to subsection (c) of this section may be placed on outpatient status the court shall consider all of the following criteria:
(i) Whether the director of the state hospital or other treatment facility to which the person has been committed advises the committing court and the prosecutor that the defendant would no longer be a danger to the health and safety of others, including himself or herself, while under supervision and treatment in the community, and will benefit from that status.
(ii) Whether the community program director advises the court that the defendant will benefit from that status, and identifies an appropriate program of supervision and treatment. In the case of a female defendant who suffers from mental illness related to a perinatal psychiatric complication such as postpartum psychosis or postpartum depression, an appropriate treatment program shall be identified in consultation with an expert in reproductive psychiatry. Additional services, including but not limited to parenting assessment, parenting capacity building and parent-child dyadic therapy shall also be made available if deemed appropriate by the consulting expert.
(j) Prior to release of a person under subsection (c), the prosecutor shall provide notice of the hearing date and pending release to the victim or next of kin of the victim of the offense for which the person was committed where a request for the notice has been filed with the court, and after a hearing in court, the court shall specifically approve the recommendation and plan for outpatient status. The burden shall be on the victim or next of kin to the victim to keep the court apprised of the party’s current mailing address.
(k) In any case in which the victim or next of kin to the victim has filed a request for notice with the director of the state hospital or other treatment facility, he or she shall be notified by the director at the inception of any program in which the committed person would be allowed any type of day release unattended by the staff of the facility.
(l) The community program director shall prepare and submit the evaluation and the treatment plan specified in paragraph (ii) of subsection (i) to the court within 30 calendar days after notification by the court to do so.
(m) Any evaluations and recommendations pursuant to paragraphs (i) and (ii) of subsection (i) shall include review and consideration of complete, available information regarding the circumstances of the criminal offense and the person’s prior criminal history.
(n) Upon receipt by the committing court of the recommendation of the director of the state hospital or other treatment facility to which the person has been committed that the person may be eligible for outpatient status as set forth in paragraph (i) of subsection (e) or (i) of this section, the court shall immediately forward such recommendation to the community program director, prosecutor, and defense counsel. The court shall provide copies of the arrest reports and the state summary criminal history information to the community program director.
(o) Within 30 calendar days the community program director or a designee shall submit to the court and, when appropriate, to the director of the state hospital or other treatment facility, a recommendation regarding the defendant’s eligibility for outpatient status, as set forth in paragraph (ii) of subsection (e) or (i) and the recommended plan for outpatient supervision and treatment. The plan shall set forth specific terms and conditions to be followed during outpatient status. The court shall provide copies of this report to the prosecutor and the defense counsel.
(p) The court shall calendar the matter for hearing within 15 business days of the receipt of the community program director’s report and shall give notice of the hearing date to the prosecutor, defense counsel, the community program director, and, when appropriate, to the director of the state hospital or other facility. In any hearing conducted pursuant to this section, the court shall consider the circumstances and nature of the criminal offense leading to commitment and shall consider the person’s prior criminal history.
(q) The court shall, after a hearing in court, either approve or disapprove the recommendation for outpatient status. If the approval of the court is given, the defendant shall be placed on outpatient status subject to the terms and conditions specified in the supervision and treatment plan. If the outpatient treatment occurs in a county other than the county of commitment, the court shall transmit a copy of the case record to the superior court in the county where outpatient treatment occurs, so that the record will be available if revocation proceedings are initiated pursuant to subsection (w) or (x).
(r) The department shall be responsible for the supervision of persons placed on outpatient status under this title. The commissioner shall designate, for each county or region, a community program director who shall be responsible for administering the community treatment programs for persons committed from that county or region under the provisions specified in subsection (b).
(s) The department shall notify in writing the chief justice of the trial court, the district attorney of each county, and the executive director of the committee on public counsel services as to the person designated to be the community program director for each county or region, and timely written notice shall be given whenever a new community program director is to be designated.
(t) The community program director shall be the outpatient treatment supervisor of persons placed on outpatient status under this section. The community program director may delegate the outpatient treatment supervision responsibility to a designee.
(u) The outpatient treatment supervisor shall, at 90-day intervals following the beginning of outpatient treatment, submit to the court, the prosecutor and defense counsel, and to the community program director, where appropriate, a report setting forth the status and progress of the defendant.
(v) Outpatient status shall be for a period not to exceed 1 year. At the end of the period of outpatient status approved by the court, the court shall, after actual notice to the prosecutor, the defense counsel, and the community program director, and after a hearing in court, either discharge the person from commitment under appropriate provisions of the law, order the person confined to a treatment facility, or renew its approval of outpatient status. Prior to such hearing, the community program director shall furnish a report and recommendation to the medical director of the state hospital or other treatment facility, where appropriate, and to the court, which the court shall make available to the prosecutor and defense counsel. The person shall remain on outpatient status until the court renders its decision unless hospitalized under other provision of the law. The hearing pursuant to the provisions of this section shall be held no later than 30 days after the end of the 1 year period of outpatient status unless good cause exists. The court shall transmit a copy of its order to the community program director or a designee.
(w) If at any time during the outpatient period, the outpatient treatment supervisor is of the opinion that the person requires extended inpatient treatment or refuses to accept further outpatient treatment and supervision, the community program director shall notify the superior court in either the county which approved outpatient status or in the county where outpatient treatment is being provided of such opinion by means of a written request for revocation of outpatient status. The community program director shall furnish a copy of this request to the defense counsel and to the prosecutor in both counties if the request is made in the county of treatment rather than the county of commitment. Within 15 business days, the court where the request was filed shall hold a hearing and shall either approve or disapprove the request for revocation of outpatient status. If the court approves the request for revocation, the court shall order that the person be confined in a state hospital or other treatment facility approved by the community program director. The court shall transmit a copy of its order to the community program director or a designee. Where the county of treatment and the county of commitment differ and revocation occurs in the county of treatment, the court shall enter the name of the committing county and its case number on the order of revocation and shall send a copy of the order to the committing court and the prosecutor and defense counsel in the county of commitment.
(x) If at any time during the outpatient period the prosecutor is of the opinion that the person is a danger to the health and safety of others while on that status, the prosecutor may petition the court for a hearing to determine whether the person shall be continued on that status. Upon receipt of the petition, the court shall calendar the case for further proceedings within 15 business days and the clerk shall notify the person, the community program director, and the attorney of record for the person of the hearing date. Upon failure of the person to appear as noticed, if a proper affidavit of service has been filed with the court, the court may issue a capias to compel the attendance of such person. If, after a hearing in court conducted using the same standards used in conducting probation revocation hearings pursuant to section 3 of chapter 279, the judge determines that the person is a danger to the health and safety of others, the court shall order that the person be confined in a state hospital or other treatment facility which has been approved by the community program director.
(y) Upon the filing of a request for revocation under subsection (w) or subsection (x) and pending the court’s decision on revocation, the person subject to revocation may be confined in a facility designated by the community program director when it is the opinion of that director that the person will now be a danger to self or to another while on outpatient status and that to delay confinement until the revocation hearing would pose an imminent risk of harm to the person or to another. The facility so designated shall continue the patient’s program of treatment, shall provide adequate security so as to ensure both the safety of the person and the safety of others in the facility, and shall, to the extent possible, minimize interference with the person’s program of treatment. Upon the request of the community program director or a designee, a peace officer shall take, or cause to be taken, the person into custody and transport the person to a facility as described in subsection (z) and designated by the community program director for confinement under this section. Within 1 business day after the person is confined in a jail under this section, the community program director shall apply in writing to the court for authorization to confine the person pending the hearing under subsection (w) or subsection (x). The application shall be in the form of a declaration, and shall specify the behavior or other reason justifying the confinement of the person in a jail. Upon receipt of the application for confinement, the court shall consider and rule upon it, and if the court authorizes detention in a jail, the court shall actually serve copies of all orders and all documents filed by the community program director upon the prosecuting and defense counsel. The community program director shall notify the court in writing of the confinement of the person and of the factual basis for the opinion that the immediate confinement in a jail was necessary. The court shall supply a copy of these documents to the prosecutor and defense counsel.
(z) The facility designated by the community program director may be a state hospital, a local treatment facility, a county jail, or any other appropriate facility, so long as the facility can continue the person’s program of treatment, provide adequate security, and minimize interference with the person’s program of treatment. If the facility designated by the community program director is a county jail, the patient shall be separated from the general population of the jail. A county jail may not be designated unless the services specified above are provided, and accommodations are provided which ensure both the safety of the person and the safety of the general population of the jail. Within 3 business days of the patient’s confinement in a jail, the community program director shall report to the court regarding what type of treatment the patient is receiving in the facility. If there is evidence that the treatment program is not being complied with, or accommodations have not been provided which ensure both the safety of the committed person and the safety of the general population of the jail, the court shall order the person transferred to an appropriate facility, including an appropriate state hospital.
(aa) A resentencing hearing shall be allowed in the following cases, in addition to those permitted under other sections:
At the time of the offense, the defendant was suffering from a serious perinatal psychiatric complication, a mental illness such as postpartum depression or postpartum psychosis, which though insufficient to establish the defense of insanity, substantially affected his or her ability to understand his or her acts or to conform his or her conduct to the requirements of the law.
At the time of the offense, the defendant was suffering from postpartum depression or postpartum psychosis which was either undiagnosed by a qualified medical professional (physician, psychiatrist or psychologist) or untreated or unsuccessfully treated, and this temporary mental illness tended to excuse or justify the defendant’s criminal conduct and was not used in trial or sentencing.
(bb) Nothing in this section shall prevent hospitalization pursuant to the provisions of section 12.
(cc) A person whose confinement in a treatment facility under subsection (w) or subsection (x) is approved by the court shall not be released again to outpatient status unless court approval is obtained under subsection (e) or subsection (i).
(dd) No person who is on outpatient status pursuant to this section shall leave this state without first obtaining prior written approval to do so from the committing court. The prior written approval of the court for the person to leave this state shall specify when the person may leave, when the person is required to return, and may specify other conditions or limitations at the discretion of the court. The written approval for the person to leave this state may be in a form and format chosen by the committing court.
(ee) In no event shall the court give written approval for the person to leave this state without providing notice to the prosecutor, the defense counsel, and the community program director. The court may conduct a hearing on the question of whether the person should be allowed to leave this state and what conditions or limitations, if any, should be imposed.
(ff) Any person who violates subsection (dd) is guilty of a misdemeanor and upon conviction shall by punished by imprisonment for not more than 6 months in a house of correction or by a fine of not more than $1,000.
(gg) The department shall be responsible for the community treatment and supervision of judicially committed patients. These services shall be available on a county or regional basis. The department may provide these services directly or through contract with private providers. The program or programs through which these services are provided shall be known as the forensic conditional release program.
(hh) The department shall contact all regional mental health programs by January 1, 2024, to determine their interest in providing an appropriate level of supervision and treatment of judicially committed patients at reasonable cost. Regional mental health programs may agree or refuse to operate such a program.
(ii) No later than January 1, 2025, and by January 1 of each subsequent year, all state hospitals or other treatment facilities participating in the forensic conditional release program shall report to the commissioner the following information: (i) the cost of the program to the facility; (ii) the demographic profiles of persons receiving supervision and treatment in the program; and (iii) the rates of adherence to treatment under the program.
(jj) No later than January 1, 2025, and by January 1 of each subsequent year, the chief justice of the trial court shall report to the commissioner the following information: rates and types of reoffense while these persons are served by the program and after their discharge.
(kk) The department shall conduct yearly evaluations of the forensic conditional release program. An evaluation of the program shall determine its effectiveness in successfully reintegrating these persons into society after release from state institutions. This evaluation of program effectiveness shall include, but not be limited to, a determination of the rates of reoffense while these persons are served by the program and after their discharge. This evaluation shall also address the effectiveness of the various treatment components of the program and their intensity.
(ll) The department shall ensure consistent data gathering and program standards for use statewide by the forensic conditional release program.
(mm) The department of correction, and the executive office of public safety and security shall cooperate with the department in conducting this evaluation.
(nn) The administrators and the supervision and treatment staff of the forensic conditional release program shall not be held criminally or civilly liable for any criminal acts committed by the persons on parole or judicial commitment status who receive supervision or treatment.
(oo) The court retains jurisdiction over the person until the end of the period of the assisted outpatient treatment established under this section or until the court finds that the person no longer meets the criteria in this section.
SECTION 7. In all cases in which the penalty of life imprisonment without the possibility of parole may be authorized, mitigating circumstances shall be any factors proffered by the defendant or the commonwealth which are relevant to a finding that a defendant suffered from mental illness related to a perinatal psychiatric complication such as postpartum psychosis or postpartum depression at the time the offense was committed.
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}]
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An Act relative to pension parity
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S2399
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SD2450
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-23T16:13:54.553'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-23T16:13:54.5533333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-08T16:32:26.5533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2399/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 2399) (subject to Joint Rule 12) of Nick Collins for legislation relative to pension parity. Public Service.
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SECTION 1. Notwithstanding the provisions of section 14 or section 18 of chapter 176 of the Acts of 2011, or any general or special law to the contrary, the state retirement board shall re-calculate, as of the effective date of his retirement, the retirement allowance of Francis J. Doyle, a member of the state employees retirement system. This act shall not affect any other retirement benefits to which Francis J. Doyle may otherwise be entitled. The state retirement board may take any appropriate steps required to complete the re-calculation.
SECTION 2. This act shall take effect upon its passage.
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}, {'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J23', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23'}, 'Votes': []}]
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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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S24
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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': '2023-03-06T11:49:33.1966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S24/DocumentHistoryActions
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Amendment
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Senate, March 9, 2023 -- Text of the Senate amendment to 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) (being the text of Senate, No. 23, printed as amended)
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An Act relative to mental health education
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S240
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SD1411
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T09:59:21.533'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T09:59:21.5333333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-04-10T09:27:18.5433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-24T14:47:35.9466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S240/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 240) of Nick Collins for legislation relative to mental health education. Education.
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SECTION 1. Section 3 of Chapter 71 of the Massachusetts General Laws is hereby amended by striking out the section in its entirety and inserting in place thereof the following:-
"Section 3. Physical and mental health education shall be taught as required subjects in all grades for all students in the public schools for the purpose of promoting the physical and mental well-being of such students. Mental health education programs shall recognize multiple dimensions of health by including mental health, and the relationship of physical health and mental health, so as to enhance student understanding, attitudes and behaviors that promote health, well-being and human dignity. Instruction in physical education may include calisthenics, gymnastics and military drill; but no pupil shall be required to take part in any military exercise if his parent or guardian is of any religious denomination conscientiously opposed to bearing arms, or is himself so opposed, and the school committee is so notified in writing; and no pupil shall be required to take part in physical education exercises if a licensed physician certifies in writing that in his opinion such physical education exercises would be injurious to the pupil."
SECTION 2. Section 1 of Chapter 76 of the Massachusetts General Laws is hereby amended by striking out the section in its entirety and inserting in place thereof the following:-
"Section 1. Every child between the minimum and maximum ages established for school attendance by the board of education shall, subject to section fifteen, attend a public day school in the town the student resides, or some other day school approved by the school committee, during the number of days required by the board of education in each school year, unless the child attends school in another town, for said number of days, under sections six to twelve, inclusive, or attends an experimental school project established under an experimental school plan, as provided in section one G of chapter fifteen, but such attendance shall not be required of a child whose physical or mental condition is such as to render attendance inexpedient or impracticable subject to the provisions of section three of chapter seventy-one B or of a child granted an employment permit by the superintendent of schools when such superintendent determines that the welfare of such child will be better served through the granting of such permit, or of a child who is being otherwise instructed in a manner approved in advance by the superintendent or the school committee. The superintendent of schools may transfer to any specialized type of school on a full-time basis any child who possesses the educational qualifications enumerated in this section and in the opinion of the superintendent would be benefited by such transfer. The superintendent, or teachers in so far as authorized by him or by the school committee, may excuse cases of necessary absence for other causes not exceeding seven day sessions or fourteen half day sessions in any period of six months. Absences may also be permitted for religious education at such times as the school committee may establish; provided, that no public funds shall be appropriated or expended for such education or for transportation incidental thereto; and provided, further, that such time shall be no more than one hour each week. For the purposes of this section, school committees shall approve a private school when satisfied that the instruction in all the studies required by law equals in thoroughness and efficiency, and in the progress made therein, that in the public schools in the same town, in addition to the incorporation of a mental health education program into the curriculum in accordance with the provisions in section three of chapter seventy-one; but shall not withhold such approval on account of religious teaching, and, in order to protect children from the hazards of traffic and promote their safety, cities and towns may appropriate money for conveying pupils to and from any schools approved under this section.
Except as herein provided, pupils who attend approved private schools of elementary and high school grades shall be entitled to the same rights and privileges as to transportation to and from school as are provided by law for pupils of public schools and shall not be denied such transportation because their attendance is in a school which is conducted under religious auspices or includes religious instruction in its curriculum. Each school committee shall provide transportation for any pupil attending such an approved private school within the boundaries of the school district, provided, however, that the distance between said pupil's residence and the private school said pupil attends exceeds two miles or such other minimum distance as may be established by the school committee for transportation of public school students. Any school committee which is required by law to transport any pupil attending an approved private school beyond the boundaries of the school district shall not be required to do so further than the distance from the residence of such pupil to the public school he is entitled to attend.
The school committee of each town shall provide for and enforce the school attendance of all children actually residing therein in accordance herewith."
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An Act making appropriations for the fiscal year 2024 for the maintenance of the departments, boards, commissions, institutions, and certain activities of the Commonwealth, for interest, sinking fund, and serial bond requirements, and for certain permanent improvements
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S2400
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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': '2023-05-09T13:17:29.9466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2400/DocumentHistoryActions
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Amendment
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Senate, May 25, 2023 – Text of the Senate amendment to the House Bill making appropriations for the fiscal year 2024 for the maintenance of the departments, boards, commissions, institutions and certain activities of the commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (House, No. 3901) (being the text of Senate, No. 3, printed as amended).
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An Act providing veteran annuity benefits to Raymond Steele
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S2401
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SD2592
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-03T11:23:39.013'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-03T11:23:39.0133333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-05-03T11:23:49.11'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2401/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2401) (subject to Joint Rule 12) of Joanne M. Comerford and Susannah M. Whipps for legislation to provide veteran annuity benefits to Raymond Steele. Veterans and Federal Affairs.
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SECTION 1. Notwithstanding section 6B of chapter 115 of the General Laws or any other general or special law to the contrary, the executive office of veterans’ services shall retroactively approve and pay to Raymond Steele an amount equal to 2 annuity payments, under said section 6B of said chapter 115, for the months of August of 2020 and February of 2021, as if he had been approved for such payments at the time of his service-connected disability.
SECTION 2. This act shall take effect upon its passage.
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}]
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An Act improving rail service on the Fairmount commuter rail line
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S2402
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{'Id': 'J27', 'Name': 'Joint Committee on Transportation', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J27', 'ResponseDate': '2023-06-09T12:51:57.733'}
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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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http://malegislature.gov/api/GeneralCourts/193/Documents/S2402/DocumentHistoryActions
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Bill
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Senate, July 31, 2023 -- The committee on State Administration and Regulatory Oversight to whom was referred the petition (accompanied by bill, Senate, No. 1975) of Nick Collins for legislation relative to property rights, reports the accompanying bill (Senate, No. 2430).
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SECTION 1. Within 180 days following the effective date of this act, the Massachusetts Bay Transportation Authority and operator of commuter rail service shall ensure frequent and affordable service on the Fairmount Commuter Rail Line, which shall be renamed as the Fairmount/Indigo Line. For the purposes of this section, “frequent and affordable service” shall require: (i) not fewer than three train-sets dedicated to Fairmount/Indigo Line service; provided that such train-sets shall be specially wrapped and marked as Fairmount/Indigo Line trains; and provided further, that such train-sets shall not be diverted from Fairmount/Indigo Line service for any purpose except maintenance; (ii) enhanced headways during peak hours; (iii) the ability to pay for fares for Fairmount/Indigo Line service with fare media including, but not limited to, CharlieCards or its equivalent successor product, M7 Passes, S-Cards, Youth Passes, and other discounted fare medium available to people with disabilities, seniors, and students; (iv) fares levied at 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; (v) bus service at Fairmount/Indigo Line stations synchronized with train schedules to the maximum extent feasible; and (vi) the construction of high-level ADA-compliant platforms at Readville and Fairmount stations.
SECTION 2. The Massachusetts Bay Transportation Authority shall study and report on the feasibility and cost of constructing, operating and maintaining the following improvements to the Fairmount/Indigo Line: (i) additional entrances and redundant elevators and stairs at existing stations and (ii) additional infill stations, including without limitation stations at Columbia Road and River Street. The report shall be delivered to the house and senate chairs of the joint committee on transportation and the clerks of the house of representatives and senate not later than 1 year following the effective date of this act.
SECTION 3: Not later than July 1, 2025, the Massachusetts Department of Transportation shall complete designs for the electrification of the Fairmount Commuter Rail Line between South Station and Readville; provided, that such designs shall be sufficient to apply for federal stimulus funding to ensure electrification on the Fairmount Commuter Rail Line between South Station and Readville.
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[{'Action': 'Redraft', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J27', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J27'}, 'Votes': []}]
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Resolutions designating August 12th and 13th, 2023 as the sales tax holiday
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S2403
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SD2655
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-06-13T12:02:34.54'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2403/DocumentHistoryActions
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Resolution
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Senate, June 15, 2023-- Resolutions (filed by Senator Moran) designating August 12th and 13th as the sales tax holiday
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Whereas, the general court is charged with annually designating a sales tax holiday weekend in the month of August; therefore be it
Resolved, that the days of August 12 and 13 shall be the sales tax holiday for the year 2023 pursuant to chapter 64H section 6A of the General Laws.
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Special Election for the Worcester and Hampshire district
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S2404
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SD2657
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{'Id': 'KES0', 'Name': 'Karen E. Spilka', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KES0', 'ResponseDate': '2023-06-13T11:45:13.613'}
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[{'Id': 'KES0', 'Name': 'Karen E. Spilka', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KES0', 'ResponseDate': '2023-06-14T12:12:32.99'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2404/DocumentHistoryActions
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Order
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Senate, June 15, 2023 -- Offered by Senator Spilka relative to setting the date for a special election to fill the vacancy in the Worcester and Hampshire senatorial district.
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Ordered, That by the authority of article IV of section II of chapter I of the Constitution, the Senate declares that, by reason of the resignation of Anne M. Gobi as senator from the Worcester and Hampshire district, the office of senator from the Worcester and Hampshire district is vacant. By the authority of article XXIV of the Amendments to the Constitution, the Senate directs the president of the Senate to issue a precept setting forth November 7, 2023, as the day for holding an election to fill the vacancy in the Worcester and Hampshire district, city of Gardner, the city of Worcester, Ward 7 Precincts 2, 4, 5, 6, Ward 9 Precincts 3, and 4, and the towns of Barre, Brookfield, East Brookfield, Hardwick, Holden, Hubbardston, Leicester, New Braintree, North Brookfield, Oakham, Paxton, Phillipston, Princeton, Rutland, Spencer, Sterling, Templeton, West Brookfield and Westminster in the county of Worcester; and the town of Ware in the county of Hampshire.
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Live Theatrical Arts
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S2405
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-06-12T11:51:01.42'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-06-12T11:51:01.42'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-06-13T12:03:58.92'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-06-15T11:03:56.8533333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-15T12:25:31.8433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2405/DocumentHistoryActions
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Amendment
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Senate, June 15, 2023 -- Text of amendment (51) (offered by Senator Collins) to the Ways and Means amendment (Senate, No. 2397) to the House Bill to improve the Commonwealth’s competitiveness, affordability, and equity.
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by inserting the following section:-
SECTION XX. Section 6 of Chapter 62 of the General Laws, as appearing in the 2008 Official Edition, is further amended by adding the following subsection:
Section 38DD. There shall be established a pilot program for a live theater tax credit program under which a live theater company doing business with a Massachusetts based theater venue, theater company, theater presenter or producer may be eligible. The credit may be claimed against the taxes due pursuant to this chapter. The credit shall be established to support the expansion of pre-Broadway, National Tour launches of off-Broadway shows and pre off-Broadway live theater and Broadway tour launches and shall assist in the development of long run show development and growth.
(a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Commissioner”, the commissioner of revenue.
“Eligible theater production” means a live stage musical, dance or theatrical production or tour being presented in a qualified production facility, as defined in this chapter that is either: (a) a Pre-Broadway production, or (b) a pre off-Broadway production, or (c) a National Tour Launch.
“Eligible theater production certificate” means a certificate issued by the Massachusetts Office of Travel and Tourism certifying that the production is an eligible theater production that meets the guidelines of this chapter.
“Advertising and public relations expenditure” means costs incurred within the state by the Eligible theater productions for goods or services related to the marketing, public relations, creation and placement of print, electronic, television, billboards and other forms of advertising to promote the Eligible theater production.
“Office” means the Massachusetts Office of Travel and Tourism.
"Payroll" means all salaries, wages, fees, and other compensation wages including, but not limited to, taxes, benefits, and any other consideration incurred or paid to talent and non-talent employees of the applicant for services rendered within this state to and on behalf of an eligible theater production. The expenditure shall be incurred or paid by the applicant for services related to any portion of an eligible theater production from its pre-production stages, including, but not limited to, (a) the writing of the script, (b) casting, (c) hiring of service providers, (d) purchases from vendors, (e) marketing, (f) advertising, (g) public relations, (h) load in, (i) rehearsals, (j) performances, (k) other eligible theater production related activities, (l) load out; provided further, said labor expenditure shall be directly attributable to the eligible theater production and shall be limited to the first $100,000 of wages incurred or paid to each employee of an eligible theater production in each tax year.
“Pre-Broadway Production” means a live stage production that, in its original or adaptive version, is performed in a qualified production facility having a presentation scheduled for New York City’s Broadway theater district within (24) months after its Massachusetts presentation.
“Pre-Off Broadway Production” means a live stage production that, in its original or adaptive version, is performed in a qualified production facility having a presentation scheduled for New York City’s Off-Broadway s theater district within (24) months after its Massachusetts presentation.
“National Tour Launch” means a live stage production that, in its original or adaptive version, is performed in a qualified production facility and opens its National tour in Massachusetts.
“Production and Performance Expenditures” means a contemporaneous exchange of cash or cash equivalent for goods or services related to development, production, performance or operating expenditures incurred in this state for a qualified theater production including, but not limited to, expenditures for design, construction and operation, including sets, special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with sound, lighting, staging, payroll, transportation expenditures, advertising and public relations expenditures, facility expenses, rentals, per diems, accommodations and other related costs.
“Qualified Production Facility” means a facility located in the State of Massachusetts in which live theatrical productions are, or are intended to be, exclusively presented that contains at least one stage, a seating capacity of one hundred seventy-five (175) or more seats, and dressing rooms, storage areas, and other ancillary amenities necessary for the Eligible theater production.
“Massachusetts Office of Travel and Tourism” means the office within the secretariat of economic development that has been established in order to market Massachusetts as a leisure travel destination in order to generate state and local tax revenues, create jobs, and support travel-related businesses.
“Transportation expenditures” means expenditures for the packaging, crating, and transportation both to the state for use in a qualified theater production of sets, costumes, or other tangible property constructed or manufactured out of state, and/or from the state after use in a qualified theater production of sets, costumes, or other tangible property constructed or manufactured in this state and the transportation of the cast and crew to and from the state. Such term shall include the packaging, crating, and transporting of property and equipment used for special and visual effects, sound, lighting, and staging, costumes, wardrobes, make-up and related accessories and materials, as well as any other performance or production-related property and equipment.
(b) Any person, firm, partnership, corporation, trust, estate or other entity that receives an eligible theater production certificate shall be allowed a tax credit equal to thirty-five percent (35%) of the total in state labor costs and twenty five percent (25%) of the production and performance expenditures and transportation expenditures as well as all out of state labor costs for the eligible theater production and to be computed as provided in this chapter against a tax imposed by this chapter. Said credit shall not exceed five million dollars ($5,000,000) and shall be limited to certified production cost directly attributable to activities in the state and transportation expenditures defined above. The total production budget shall be a minimum of one hundred thousand dollars ($100,000).
(c) No more than five million dollars ($5,000,000) in total may be issued for any tax year for musical and theatrical production tax credits pursuant to this chapter. If the total amount of allocated credits applied for in any particular year exceeds the aggregate amount of tax credits allowed for such year under this chapter, such excess shall be treated as having been applied for on the first day of the subsequent year.
(d) The tax credit shall be allowed against the tax for the taxable period in which the credit is earned and can be carried forward for not more than five (5) succeeding tax years.
(e) Credits allowed to a company, which is a subchapter S corporation, partnership, or a limited liability company that is taxed as a partnership, shall be passed through respectively to persons designated as partners, members or owners of such companies on a pro rata basis or pursuant to an executed agreement among such persons designated as subchapter S corporation shareholders, partners, or members documenting an alternate distribution method without regard to their sharing of other tax or economic attributes of such entity.
(f) If the company has not claimed the tax credits in whole or part, taxpayers eligible for the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or otherwise to any individual or entity and such assignee of the tax credits that have not claimed the tax credits in whole or part may assign, transfer or convey the tax credits, in whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use acquired credits to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed pursuant to this chapter. The assignee may apply the tax credit against taxes imposed on the assignee for not more than five (5) succeeding tax years. The assignor shall perfect the transfer by notifying the commissioner of revenue, in writing, within thirty (30) calendar days following the effective date of the transfer and shall provide any information as may be required by the commissioner to administer and carry out the provisions of this section.
(g) For purposes of this chapter, any assignment or sales proceeds received by the assignor for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from tax under this title.
(h) In the case of a corporation, this credit is only allowed against the tax of a corporation included in a consolidated return that qualifies for the credit and not against the tax of other corporations that may join in the filing of a consolidated tax return, provided, however, that in the case of a corporation that files a consolidated return with one or more other corporations with operations in Massachusetts, the credit will be allowed to be included in a consolidated return with respect to such corporations with operations in Massachusetts only.
(i) The applicant or applicants shall properly prepare, sign and submit to the Massachusetts office of travel and tourism an application for initial certification of the theater production. The application shall include such information and data as the office deems reasonably necessary for the proper evaluation and administration of said application, including, but not limited to, any information about the theater production company or their related partners/presenters and a specific Massachusetts live theater or musical production. The office shall review the completed applications and determine whether it meets the requisite criteria and qualifications for the initial certification for the production and/or presentation. If the initial certification is granted, the office shall issue a notice of initial certification of the eligible theater production and/or presentation to the theater production company, co-producer or presenter and to the commissioner. The notice shall state that, after appropriate review, the initial application meets the appropriate criteria for conditional eligibility. The notice of initial certification will provide a unique identification number for the production/presentation and is only a statement of conditional eligibility for the production/presentation and, as such, does not grant or convey any Massachusetts tax benefits.
(j) Upon completion of an eligible theater production, the applicant or applicants shall properly prepare, sign and submit to the office an application for final certification of the eligible theater production. The final application shall also contain a cost report and an accountant’s certification. The office and commissioner may rely without independent investigation, upon the accountant s certification, in the form of an opinion, confirming the accuracy of the information included in the cost report. Upon review of a duly completed and filed application and upon no later than thirty (30) days of submission thereof, the commissioner will make a determination pertaining to the final certification of the eligible theater production and the resultant tax credits.
(k) Upon determination that the company qualifies for final certification and the resultant tax credits, the commissioner shall issue to the company: (1) an eligible theater production certificate; and (2) a tax credit certificate in an amount in accordance with section (b) hereof. A musical and theatrical production company is prohibited from using state funds, state loans or state guaranteed loans to qualify for the live theater tax credit. All documents that are issued by the office pursuant to this section shall reference the identification number that was issued to the production as part of its initial certification.
(l) The Massachusetts office of travel and tourism, in consultation as needed with the commissioner of revenue, shall promulgate such rules and regulations as are necessary to carry out the intent and purposes of this chapter in accordance with the general guidelines provided herein for the certification of the production and the resultant production credit.
(m) If information comes to the attention of the Massachusetts Office of Travel and Tourism that is materially inconsistent with representations made in an application, the office may deny the requested certification. In the event that tax credits or a portion of tax credits are subject to recapture for ineligible costs and such tax credits have been transferred, assigned and/or allocated, the state will pursue its recapture remedies and rights against the applicant of the theater production tax credits. No redress shall be sought against assignees, sellers, transferees or allocates of such credits.
(n) No credits shall be issued on or after January 1, 2026 unless the production has received initial certification under this section prior to January 1, 2026.
(o) The secretary of housing and economic development, in conjunction with the commissioner of revenue, shall make a report on the impact of the live theater pilot program and deliver report to the president of the state senate, the senate committee on ways and means, the speaker of the house of representatives, the house committee on ways and means and the joint committee on economic development and emerging technologies by December 31, 2025. The secretary and commissioner shall collaborate with the live theater industry to collect the relevant data for the report. Said report shall include but not be limited to the following information regarding live theater in Massachusetts during the pilot program:
1.) The number of shows that have come to Massachusetts since passage of this section.
2.) The number of live show days since passage of this section.
3.) Analysis of the number of shows and live show days after passage of this section as compared to before passage of this section.
4.) Total spending by live theater productions on local businesses and vendors including supplies, hotels, car rental, food and beverage, and items related to the live theater production.
5.) Total spending on local labor to set-up, support and take down each production including total work hours.
6.) The number of ticket orders from outside Massachusetts.
7.) The number of ticket orders from outside the United States.
8.) The impact on local businesses in proximity to live theaters including hotel room nights and restaurants.
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An Act to improve the Commonwealth’s competitiveness, affordability, and equity
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S2406
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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': '2023-06-08T11:03:03.1566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2406/DocumentHistoryActions
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Amendment
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Senate, June 15, 2023 -- Text of the Senate amendment to the House Bill to improve the Commonwealth’s competitiveness, affordability, and equity (House, No. 3770) (being the text of Senate, No. 2397, printed as amended)
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SECTION 1. Section 5K of chapter 59 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 14 and 39, the figure “$1,500” and inserting in place thereof, in each instance, the following figure:- $2,000.
SECTION 2. Said chapter 59 is hereby further amended by inserting after section 5N the following section:-
Section 5O. (a) In any city or town that accepts this section, the board of selectmen of the town, the town council of a municipality having a town council form of government or the mayor of a city, with the approval of the city council, may establish a property tax exemption for real property classified as Class One, residential in the city or town. To qualify for the exemption, the property shall be: (i) rented at an affordable housing rate, as determined by the city or town and in accordance with the United States Department of Housing and Urban Development guidance and regulations; (ii) rented on a yearly basis; and (iii) occupied year-round by a person or persons whose household income does not exceed an amount to be set by the city or town; provided, however, that said income shall not be more than 200 per cent of the area median income. The property tax exemption shall be for an amount determined by the city or town; provided, however, that the amount shall not be more than the tax otherwise due on the parcel based on the full and fair assessed value multiplied by the square footage of the housing units rented and occupied by a person or persons whose household income is not more than the income limit set pursuant to clause (iii), divided by the total square footage of a structure located on the parcel. Assessment of property seeking an exemption under this section, if by an income approach to value, shall assume fair market rent for all units. The property owner seeking the exemption shall submit to the city or town any documentation the city or town deems necessary, including, but not limited to, a signed lease and proof of the occupying person or persons’ household income, to confirm the eligibility of the property for the exemption under this section.
(b) A municipality may adopt ordinances or by-laws to implement this section.
SECTION 3. Section 3 of chapter 62 of the General Laws is hereby amended by striking out, in line 109, as appearing in the 2020 Official Edition, the figure “$3,000” and inserting in place thereof the following figure:- $4,000.
SECTION 4. Said section 3 of said chapter 62 is hereby further amended by striking out, in lines 158 and 159, as so appearing, the words “weekly or monthly transit commuter passes” and inserting in place thereof the following words:- fares.
SECTION 5. Said section 3 of said chapter 62 is hereby further amended by inserting after the word “boat”, in line 160, as so appearing, the following words:- , or for regional transit authority fares, or for bikeshare memberships, or for bicycles, including electric bikes, or for bicycle improvements, repair and storage, or for any fare for a commuter boat owned, operated or contracted by a municipality, public or quasi-public entity, agency or authority.
SECTION 6. Paragraph (a) of part B of said section 3 of said chapter 62, as amended by section 24 of chapter 24 of the acts of 2021, is hereby further amended by adding the following subparagraph:-
(20) An amount equal to the amount of student loan payment assistance received by an individual from their employer during the taxable year not already excluded under section 127 of the Code. For the purposes of this subparagraph, “student loan payment assistance” shall mean the payment of principal or interest on a qualified education loan, as defined in section 221 of the Code.
SECTION 7. Section 6 of said chapter 62 is hereby amended by striking out, in line 75, as appearing in the 2020 Official Edition, the words “one thousand five hundred dollars” and inserting in place thereof the following figure:- $3,000.
SECTION 8. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 86, as so appearing, the words “five hundred dollars” and inserting in place thereof the following figure:- $1,000.
SECTION 9. Said section 6 of said chapter 62 is hereby further amended by striking out, in lines 245 and 250, as so appearing, the figure “30” and inserting in place thereof, in each instance, the following figure:- 40.
SECTION 10. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 269, as so appearing, the figure “40” and inserting in place thereof the following figure:- 60.
SECTION 11. Said section 6 of said chapter 62 is hereby further amended by striking out, in lines 271 and 272, as so appearing, the words “as promulgated by the department of environmental protection in 1995” and inserting in place thereof the following words:- of the State Environmental Code.
SECTION 12. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 273, as so appearing, the figure “$15,000” and inserting in place thereof the following figure:- $30,000.
SECTION 13. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 277, as so appearing, the figure “$1,500” and inserting in place thereof the following figure:- $4,000.
SECTION 14. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 279, as so appearing, the figure “$6,000” and inserting in place thereof the following figure:- $18,000.
SECTION 15. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 290, as so appearing, the figure “2023” and inserting in place thereof the following figure:- 2028.
SECTION 16. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 296, as so appearing, the figure “2024” and inserting in place thereof the following figure:- 2029.
SECTION 17. Paragraph (4) of subsection (j) of said section 6 of said chapter 62, as so appearing, is hereby amended by adding the following sentence:- For the purposes of the Brownfields Redevelopment Fund, “state financial assistance” shall mean the amount of any grant or principal amount of any loan, but shall not include any loan principal repaid as of the date the credit application is filed with the commissioner. Net response and removal costs shall not include any reimbursement that is received, or will be received, by the applicant, or any amounts paid on behalf of the applicant from any source for these costs.
SECTION 18. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 447, as so appearing, the figure “$750” and inserting in place thereof the following figure:- $1,500.
SECTION 19. Said section 6 of said chapter 62 is hereby further amended by striking out, in line 732, as so appearing, the figure “$6,000,000” and inserting in place thereof the following figure:- $8,000,000.
SECTION 20. Subsection (q) of said section 6 of said chapter 62 is hereby amended by striking out paragraph (5), as so appearing, and inserting in place thereof the following paragraph:-
(5) EOHLC may authorize not more than $30,000,000 in credits annually under this subsection and section 38BB of chapter 63. EOHLC may authorize annually any credits under this subsection or said section 38BB of said chapter 63 returned to EOHLC by a certified housing development project. The total amount of credits authorized during a year shall include: (1) credits granted during the year pursuant to this subsection or said section 38BB of said chapter 63; and (2) carry forwards of credits from prior years pursuant to this subsection or said section 38BB of said chapter 63, to the extent that such credit carry forwards are estimated by the commissioner to offset tax liabilities during the year. Any portion of the $30,000,000 annual cap not awarded by EOHLC in a calendar year shall not be applied to awards in a subsequent year. EOHLC shall provide the commissioner of revenue with any documentation that the commissioner deems necessary to confirm compliance with the annual cap and the commissioner shall provide a report confirming compliance with the annual cap to the secretary of administration and finance and the secretary of housing and economic development.
SECTION 21. Said section 6 of said chapter 62 is hereby further amended by inserting after the figure “31-33”, in line 1158, as so appearing, the following words:- and other expansion industries the secretary of labor and workforce development identifies as critical to a regional labor market economy.
SECTION 22. Said section 6 of said chapter 62 is hereby further amended by striking out subsections (x) and (y), as most recently amended by sections 30 to 33, inclusive, of chapter 102 of the acts of 2021, and inserting in place thereof the following subsection:-
(x) For the purposes of this subsection, “maintains a household” shall have the same meaning as in section 21 of the Code. With respect to a taxpayer who is a non-resident for part of the taxable year, the credit shall be further limited to the amount of allowable credit multiplied by a fraction, the numerator of which shall be the number of days in the taxable year the person resided in the commonwealth and the denominator of which shall be the number of days in the taxable year. A taxpayer who maintains a household that includes as a member at least 1 individual: (i) under the age of 13 who qualifies for exemption as a dependent under section 151 of the Code; (ii) who is a qualifying individual as defined in said section 21 of the Code; or (iii) at least 1 individual: (A) who is not less than 65 years of age or who is disabled; and (B) who qualifies as a dependent under section 152 of the Code, shall be allowed a credit in an amount equal to $310 for each such dependent or qualifying individual with respect to the taxpayer; provided, however, that if the taxpayer is married at the close of the taxable year, the credit provided in this subsection shall be allowed if: (a) the taxpayer and the taxpayer’s spouse file a joint return for the taxable year; or (b) the taxpayer qualifies as a head of household under section 2(b) of the Code. A person who is a non-resident for the entire taxable year shall not qualify for the credit. If the amount of the credit allowed under this subsection exceeds the taxpayer’s tax liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the entire amount of the excess without interest.
SECTION 23. Section 6I of said chapter 62 is hereby amended by striking out, in line70, as so appearing, the figure “$40,000,000” and inserting in place thereof the following figure:- $60,000,000.
SECTION 24. Section 6 of chapter 62C of the General Laws, as so appearing, is hereby amended by striking subsection (a) and inserting in place thereof the following subsection:-
(a)(1) Every individual inhabitant of the commonwealth who receives or accrues during the taxable year Massachusetts gross income, as defined in section 2 of chapter 62, in excess of $8,000 shall make a return of such income.
Every nonresident whose Massachusetts gross income, determined in accordance with section 5A of chapter 62, exceeds $8,000 or the personal exemption to which such nonresident may be entitled under section 3 of said chapter 62, whichever is the lesser, and every partnership, association or trust whose federal gross income, as defined in section 1 of said chapter 62, exceeds one $100, shall make a return of such income.
Every individual, not otherwise required to file a return under this subsection, who is a resident for a portion of a 12-month period beginning on the first day of a taxable year and a nonresident for a portion of the same 12-month period and whose Massachusetts gross income, as defined in section 2 of chapter 62, exceeds $8,000 shall make separate returns as a resident and a nonresident of his income subject to taxation under said chapter 62.
(2) A married couple shall file a joint return for any year in which they file a joint federal income tax return. In cases where 1 spouse or both spouses are non-residents of the commonwealth and have items of income, exemptions or deductions unrelated to their Massachusetts income, the department shall provide by regulation for appropriate adjustments or for exemption from the requirement to file a joint return.
SECTION 25. Section 5 of chapter 62F of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(e) Monthly, the department of revenue shall submit a report to the clerks of the senate and the house of representatives, the joint committee on revenue and the senate and house committees on ways and means on net state tax revenue for the current fiscal year, projections for net state tax revenue for the remainder of said fiscal year and an estimate of if, and when, net state tax revenue may exceed allowable state tax revenue for said fiscal year.
SECTION 26. Section 38Q of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the figure “2023” and inserting in place thereof the following figure:- 2028.
SECTION 27. Said section 38Q of said chapter 63, as so appearing, is hereby further amended by striking out, in line 9, the figure “2024” and inserting in place thereof the following figure:- 2029.
SECTION 28. Subsection (d) of said section 38Q of said chapter 63, as so appearing, is hereby amended by adding the following sentence:- For the purpose of the Brownfields Redevelopment Fund, “state financial assistance” shall mean the amount of any grant or principal amount of any loan, but shall not include any loan principal repaid as of the date the credit application is filed with the commissioner. Net response and removal costs shall not include any reimbursement that is received, or will be received, by the applicant, or any amounts paid on behalf of the applicant from any source for these costs.
SECTION 29. Section 38Z of said chapter 63, as so appearing, is hereby amended by striking out, in line 28, the figure “$6,000,000” and inserting in place thereof the following figure:- $8,000,000.
SECTION 30. Section 38BB of said chapter 63 is hereby amended by striking out subdivision (5), as so appearing, and inserting in place thereof the following subdivision:-
(5) EOHLC may authorize up to $30,000,000 in credits annually under this section and subsection (q) of section 6 of chapter 62. EOHLC may authorize annually any credits under this section or said subsection (q) of said section 6 of said chapter 62 returned to EOHLC by a certified housing development project. The total amount of credits authorized during a year shall include: (1) credits granted during the year under this section or said subsection (q) of section 6 of chapter 62; and (2) carry forwards of credits from prior years under this section or said subsection (q) of section 6 of chapter 62, to the extent that such credit carry forwards are estimated by the commissioner of revenue to offset tax liabilities during the year. Any portion of the $30,000,000 annual cap not awarded by EOHLC in a calendar year shall not be applied to awards in a subsequent year. EOHLC shall provide the commissioner of revenue with any documentation that the commissioner deems necessary to confirm compliance with the annual cap and the commissioner shall provide a report confirming compliance with the annual cap to the secretary of administration and finance and the secretary of housing and economic development.
SECTION 31. Section 38HH of said chapter 63, as so appearing, is hereby amended by inserting after the figure “31-33”, in line 18, the following words:- or other expansion industries the secretary of labor and workforce development identifies as critical to a regional labor market economy.
SECTION 32. Section 2A of chapter 65C of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place the following subsection:-
(a) A tax is hereby imposed upon the transfer of the estate of each person dying on or after January 1, 1997 who, at the time of death, was a resident of the commonwealth. The amount of the tax shall be equal to the credit for state death taxes that would have been allowable to a decedent’s estate as computed under section 2011 of the Code, as in effect on December 31, 2000, hereinafter referred to as the “credit”. If the federal gross estate of a person includes real or tangible personal property located outside of the commonwealth at the time of death, the tax shall be reduced by an amount equal to the proportion of such allowable credit as the value of such real or tangible personal property located outside of the commonwealth bears to the value of the entire federal gross estate wherever situated, as determined under section 2011 of the Code, as in effect on December 31, 2000.
SECTION 33. Said section 2A of said chapter 65C, as so appearing, is hereby further amended by adding the following 2 subsections:-
(f) For the estates of decedents dying on or after January 1, 2023, a credit shall be allowed against the tax imposed by subsections (a) and (b) equal to the amount of such tax; provided, however, that the credit shall not exceed $99,600.
(g) The estates of decedents dying on or after January 1, 2023 shall not be required to pay any tax under subsections (a) and (b) if the value of the federal taxable estate is not more than $2,000,000.
SECTION 34. Section 21 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in lines 20 and 21, the words “six per cent of alcohol by weight” and inserting in place thereof the following words:- 8½ per cent of alcohol by volume.
SECTION 35. Said section 21 of said chapter 138, as so appearing, is hereby further amended by striking out, in line 25, the word “six” and inserting in place thereof the following figure:- 8 ½.
SECTION 36. Sections 46, 48, 61, 63 and 124A of chapter 287 of the acts of 2014 are hereby repealed.
SECTION 37. Chapter 358 of the acts of 2020 is hereby amended by striking out section 59.
SECTION 38. Section 112 of said chapter 358 is hereby amended by striking the words “Sections 59 and” and inserting in place thereof the following word:- Section.
SECTION 39. Notwithstanding any general or special law to the contrary, in calendar year 2023, the executive office of housing and livable communities may authorize not more than $57,000,000 in credits under subsection (q) of section 6 of chapter 62 of the General Laws and section 38BB of chapter 63 of the General Laws. Any portion of this amount that is not authorized in calendar year 2023 shall be added to the amount the executive office of housing and livable communities may authorize in subsequent years under said subsection (q) of said section (6) of said chapter 62 and said section 38BB of said chapter 63.
SECTION 40. The executive office for administration and finance shall conduct a study on the feasibility of creating a program of advance quarterly payments to taxpayers for credits that the department of revenue estimates would be treated as allowed for a taxpayer under subsection (x) of section 6 of chapter 62 of the General Laws for a taxable year. The study shall include, but not be limited to: (i) an operational plan for how the department of revenue could establish and maintain such a program; (ii) a description of the processes by which the department could collect information from taxpayers and from other agencies to maximize the accuracy of the department’s estimate of the amount that would be treated as allowed for a taxpayer under said subsection (x) of said section 6 of said chapter 62 for a taxable year; (iii) a description of the options for maximizing participation in such a program by taxpayers who are eligible for credits under said subsection (x) of said section 6 of said chapter 62; (iv) an analysis of any other credits against tax included in said section 6 of said chapter 62 that the department could include in an advance quarterly payment program; (v) potential challenges to the establishment of such a program and strategies by which the department could address those challenges; (vi) any legislative recommendations to support the establishment of such a program, if applicable; and (vii) an estimate of the funds that would be necessary for the department to establish and maintain such a program, if applicable.
The executive office shall submit a report of its findings to the house and senate committees on ways and means not later than January 1, 2024.
SECTION 41. Notwithstanding any general or special law to the contrary, the department of revenue shall analyze the potential impact of implementing an additional, elective entity-level tax of up to 4 per cent on a portion of qualified taxable income in the commonwealth of eligible pass-through entities defined in section 1 of chapter 63D of the General Laws, coupled with a refundable tax credit. The analysis shall consider: (i) the impacts on the commonwealth’s taxpayers and tax revenue; (ii) the feasibility of administering the additional elective tax; (iii) the feasibility of determining the portion of qualified income taxable in the commonwealth pursuant to this section based on: (A) an annual threshold tied to the threshold under Article XLIV of the Amendments of the Constitution; or (B) the consent of each qualified member to have a portion of the member’s share of qualified income taxable in the commonwealth subject to the additional tax; (iv) passthrough entity tax regimes in other states; and (v) the impact of any tax on qualified members with taxable income below the annual threshold under said Article XLIV.
The department of revenue shall submit a report of its findings to the clerks of the senate and house of representatives, the joint committee on revenue and the senate and house committees on ways and means not later than October 1, 2023.
SECTION 42. The department of revenue, in consultation with the executive office of housing and livable communities, shall conduct a study on establishing a closing costs assistance program to be operated in tandem with a first-time homebuying savings program for income-eligible first-time homebuyers. The study shall include, but not be limited to: (i) an analysis of the impact that such a program would have for first-time homebuyers; (ii) an analysis of the funding necessary to make such a program effective; (iii) recommendations on any income restriction for recipients of grants awarded from such a program that would make the program most impactful; (iv) an assessment of best practices for partnering with financial institutions to implement first-time homebuyer savings accounts; (v) any anticipated cost or revenue impact to the commonwealth associated with such an assistance and savings program; and (vi) the feasibility of and a detailed plan to implement such programs. The department of revenue shall submit its findings and recommendations to the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on housing not later than January 1, 2024.
SECTION 43. Sections 3, 9 and 18 shall apply to tax years beginning on or after January 1, 2023.
SECTION 44. Sections 20 and 30 shall take effect as of January 1, 2024.
SECTION 45. Section 24 shall apply to tax years beginning on or after January 1, 2023.
SECTION 46. Sections 32 and 33 shall take effect for the estates of decedents dying on or after January 1, 2023.
SECTION 47. Except as otherwise specified, this act shall take effect for taxable years beginning on or after January 1, 2023.
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An Act to amend the provisions of Chapter 381 of the Acts of 2020 to continue the town of Hingham senior means-tested property tax exemption
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S2407
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SD2660
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-15T13:47:12.86'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-15T13:47:12.86'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-06-15T14:18:49.08'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2407/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 2407) of Patrick M. O'Connor and Joan Meschino (by vote of the town) for legislation to amend the provisions of Chapter 381 of the Acts of 2020 to continue the town of Hingham senior means-tested property tax exemption. Revenue. [Local approval received]
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SECTION 6 of Chapter 381 of the Acts of 2020 is hereby deleted to remove the expiration date of said Act to allow for the continuance of the Town of Hingham Senior Means-Tested Property Tax Exemption.
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[{'Description': 'S2407 -- Hingham', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16788&title=S2407%20--%20Hingham'}]
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An Act relative to advancing the profession of commercial interior design
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S2408
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{'Id': 'J17', 'Name': 'Joint Committee on Consumer Protection and Professional Licensure', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17', 'ResponseDate': '2023-06-24T12:12:55.607'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:16:44.1366667'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-17T12:41:10.1466667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-23T09:35:21.9666667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-06T12:50:44.9033333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-06-26T11:45:37.82'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-08T12:24:29.76'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-13T09:29:41.1533333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-13T17:39:18.0833333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-04-20T14:33:30.5533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2408/DocumentHistoryActions
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Bill
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Senate, June 29, 2023 -- The committee on Consumer Protection and Professional Licensure, to whom was referred the petitions (accompanied by bill, Senate, No. 185) of Joan B. Lovely for legislation relative to advancing the profession of interior design; and (accompanied by bill, House, No. 315) of Patricia A. Haddad and others relative to registered interior designers, reports the accompanying bill (Senate, No. 2408).
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SECTION 1. Section 45 of chapter 7C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following:-
Section 45. (a) There shall be located within the executive office for administration and finance a designer selection board consisting of 13 members. Ten members shall be appointed by the governor; 3 of whom shall be registered architects, or currently unregistered but with at least 10 years' experience as an architect registered by a national council of architectural registration boards member board or who may be architects emeritus; 3 of whom shall be certified interior designers with not less than 10 years of experience as a National Council for Interior Design Qualifications certified Massachusetts interior designer; 2 of whom shall be registered engineers or currently unregistered but with at least 10 years' experience as a registered engineer and none of whom shall have a record of disciplinary action; and 2 of whom shall be representatives of the public who are not architects, engineers or construction contractors. One member who shall be a registered architect shall be appointed by the Massachusetts State Association of Architects. One member who shall be a registered engineer shall be appointed by the government affairs council of design professionals. One member who shall be general contractor shall be appointed by Associated General Contractors of Massachusetts. No member shall have a record of disciplinary action. Members shall be appointed for terms of 2 years and may be reappointed for no more than 1 successive 2-year term. The director shall designate a representative, who shall be the project manager in the case of a project under the jurisdiction of the office of project management, to act as a nonvoting member of the board for each project under their jurisdiction under consideration by the board. No provision of this section shall operate to reduce the tenure of members of the board serving at the time of the effective date of this section.
SECTION 2. Chapter 13 of the General Laws, as so appearing, is hereby amended by inserting after Section 109 the following new section:-
Section 110. (a) There shall be a board of registration of commercial interior designers, herein after called the board, which shall consist of five members appointed by the governor, four of whom shall each have been engaged in the practice of interior design for a period of 10 or more years prior to their appointment, and shall be registered commercial interior designers, and one member of the general public. Members of the board shall be residents of the commonwealth.
(b) Each member of the board shall serve for a term of three years and until the governor appoints a successor. No member shall be appointed to more than two consecutive full terms. A member appointed for less than a full term may serve two full terms in addition to such part of a full term. A former member shall be eligible for appointment after a lapse of one year.
(c) A member may be removed by the governor for neglect of duty, misconduct or malfeasance or misfeasance in office after a written notice of the charges against them and an opportunity to be heard. Upon the death, resignation or removal for cause of any member of the board, the governor shall fill the vacancy for the remainder of that member's year.
(d) The members of the board shall serve without compensation but shall be reimbursed for actual and necessary expenses reasonably incurred in the performances of their duties as members or on behalf of the board.
(e) The board shall hold at least two regular meetings each year, and may hold special meetings as required. At the first regular meeting each year, the board shall organize and choose from its own members, a chairman, a vice chairman and a secretary. A quorum shall consist of three members.
(f) The board may make such rules or by-laws as it may deem necessary in the performance of its duties. The board shall have a seal, and its members may administer oaths in the performance of its duties. The board shall have power to summon witnesses, take testimony and require proofs concerning all matters within its jurisdiction. The board shall annually file to the commissioner of the division of professional licensure a report of its proceedings, which shall include an itemized statement of all receipts and expenses of the board for the year.
SECTION 3. Chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after section 289 the following 7 new sections:-
Section 290. For the purposes of this section and sections 291 to 296, inclusive, the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Board”, means the board of registration of commercial interior designers established in section 110 of chapter 13.
"Building", means an enclosed structure that has human occupancy or habitation as its principal purpose as defined in the Massachusetts State Building Code.
“Certificate of registration”, means the two-year license to practice commercial interior design issued by the board.
"International Building Code", means the edition of the International Building Code, issued by the International Code Council, most recently adopted by the commonwealth, including Massachusetts amendments.
“Practice of commercial interior design", means, in relation to obtaining a building permit independent of an architect licensed under sections 60A through 60Q, inclusive, the preparation of a plan or specification for, or the supervision of new construction, alteration, or repair of, an interior space within a newly constructed or existing building when the core and shell structural elements are not going to be changed; provided, however, that it does not include: (a) providing commercial construction documents, independent of a licensed architect, for a space that: (1) does not already have base building life safety components installed or designed and permitted, including required exit stairs and enclosures, paths of travel, ramps, horizontal exit passageways, disabled access, fire alarm systems, and base building fire suppression systems; or (2) is undergoing a change of occupancy classification as described in the International Building Code; or (b) changes to or the addition of foundations, beams, trusses, columns, or other primary structural framing members or seismic systems; structural concrete slabs, floor and roof framing structures, or bearing and shear walls; openings in roofs, floors, exterior walls, or bearing and shear walls; exterior doors, windows, awnings, canopies, sunshades, signage, or similar exterior building elements; as described in the International Building Code, life safety equipment, including smoke, fire, or carbon dioxide sensors or detectors, or other overhead building elements; as described in the International Building Code, bracing for partial height partitions if the top of the partition is more than eight feet above the floor; or heating, ventilating, or air conditioning equipment or distribution systems, building management systems, high or medium voltage electrical distribution systems, standby or emergency power systems or distribution systems, plumbing or plumbing distribution systems, fire alarm systems, fire sprinklers systems, security or monitoring systems, or related building systems.
Section 291. Upon approval by the board, any individual who has passed the interior design examination administered by the National Council for Interior Design Qualification may use the title “Registered Commercial Interior Designer.” Such individual shall, upon satisfactory completion of the aforementioned requirements and any other requirements and qualifications as deemed necessary by the board, send to the board a copy of documentation of the proof of passage of said exam, of graduation and completion of said program, and any certifications awarded to said individual by the National Council for Interior Design Qualification, and any other documentation as required by the board. Such documentation shall include the individual’s name, mailing address and email address; provided, that such individual shall update the board of any changes to such information as they occur. Such documentation shall be placed on file with the division of professional licensure.
Section 292. (a) Each applicant seeking to become a registered commercial interior designer shall pay to the board, upon filing their original application, a fee to be determined annually by the commissioner of administration. After verification of the aforementioned documentation and receipt of the application fee, the board shall issue a certificate of registration for a period of two years. The director of the division of professional licensure, or their designee, as the custodian of any documentation required by this section, shall enforce the provisions of said section and may use said documentation, or any lack thereof, as they, or their designee, deems necessary, notwithstanding any general or special law, or rule or regulation to the contrary.
A registered commercial interior designer shall be required to complete continuing education courses. Continuing education shall be gained through coursework delivered in education credits. The quantity and content designation of education credits shall be determined by the board.
It shall be unlawful for any individual, who is not so approved by the board, to use the title “Registered Commercial Interior Designer” or any title or device indicating that an individual is a “registered commercial interior designer.”
Nothing herein shall prohibit any person from performing commercial interior design services or using the title “commercial interior designer”, “commercial interiors consultant”, “commercial interior decorator” or the like, so long as the word “registered” is not used in conjunction with the word “commercial interior designer.”
Nothing herein shall authorize any individual to engage in the practice of architecture, engineering, or any other occupation regulated under the laws of this state or to prepare, sign or seal plans with respect to such practice or in connection with any governmental permits unless licensed or otherwise permitted to do so under such laws.
Nothing herein shall prohibit any person from performing professional services limited to the planning, design, and implementation of kitchen and bath spaces or the specification of products for kitchen and bath areas.
Nothing in this section shall prohibit an employee of a retail establishment providing consultation regarding interior design, decoration, furnishings, furniture or fixtures offered for sale by such establishment from receiving compensation from such establishment.
(b) Notwithstanding any general or special law to the contrary, an individual who has completed at least 10 years of full-time, diversified, verifiable professional experience in the profession of interior design shall be eligible for provisional registration provided that within 12 months after the first meeting of the board, said individual has applied for registration.
Said applicant, upon review and consent of the board, may be issued a provisional registration and be given three calendar years from the first meeting of the board to provide substantial proof to the board of successful passage of the National Council for Interior Design Qualification examination, at which time full registration will be granted. If proof is not provided to the board within the allotted time period, said applicant’s provisional registration shall be revoked. Reapplication, including satisfaction of all requirements at the time of re-application, shall be required for registration. During the time period of provisional registration said individual is required to maintain all current fees and uphold all requirements registration and renewal until such time as the examination requirement is fulfilled.
(c) Any individual violating the provisions of sections 290 to 296, inclusive, may be punished by a fine of not more than $500 or by imprisonment in a jail or house of correction for not more than 3 months, or both, or by revocation of registration by the board.
Section 293. Every registered commercial interior designer shall have a seal of a design authorized by the board. All plans, specifications and reports prepared by a registered commercial interior designer or under their supervision shall be stamped with the impression of such seal. A registered commercial interior designer shall impress their seal on any plans or specifications if their certificate of registration is in full force and if they were the author of such plans and specifications or in responsible charge of their preparation.
Section 294. A roster showing the names and the last known places of business of all registered commercial interior designers shall be prepared by the board in the month of January of each year. Such roster shall be posted on a publicly available website.
Section 295. (a) Upon receipt of a written application, the board may grant a certificate of registration as a commercial interior designer emeritus to an interior designer who has retired from the active practice of commercial interior design in the commonwealth. To be eligible for a certificate of registration as a commercial interior designer emeritus, the applicant shall: (i) submit an application together with a fee prescribed by the board; (ii) have been a commercial interior designer in good standing in the commonwealth at the time of his retirement; (iii) be at least 65 years of age; (iv) have been a registered a commercial interior designer in the commonwealth for at least 10 years; (v) have relinquished his license to practice commercial interior design; and (vi) satisfy any other requirements as may be prescribed by the board.
(b) A commercial interior designer emeritus shall neither engage in nor hold themselves out as engaging in the practice of commercial interior design. A commercial interior designer emeritus shall be exempt from the continuing education requirements established in section 292.
(c) A commercial interior designer emeritus seeking reinstatement as a commercial interior designer shall: (i) file an application for reinstatement with the board; (ii) pay an administrative fee that shall be determined by the board; and (iii) comply with education or other requirements established by the board.
Section 296. The board shall be charged with the enforcement of sections 290 to 296, inclusive. If any person refuses to obey any decision of the board, the attorney general shall, upon request of the board, file a petition for the enforcement of such decision in equity in the superior court for Suffolk county or for the county in which the defendant resides or has a place of business. After due hearing, the court shall order the enforcement of such decision or any part thereof, if legally and properly made by the board.
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[{'Action': 'Redraft', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act to revitalize agriculture, conditioning and simulcasting
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S2409
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{'Id': 'J17', 'Name': 'Joint Committee on Consumer Protection and Professional Licensure', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17', 'ResponseDate': '2023-06-24T12:03:05.553'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-17T14:22:04.5166667'}, {'Id': None, 'Name': 'Massachusetts Gaming Commission', 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-02T12:50:02.3233333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T17:19:53.8166667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-01-20T14:57:59.2766667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-20T15:08:58.1866667'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:00:13.0066667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:27:49.9333333'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T16:48:16.4233333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T15:44:48.89'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:55:15.8733333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:41:50.9066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2409/DocumentHistoryActions
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Bill
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Senate, June 29, 2023 -- The committee on Consumer Protection and Professional Licensure, to whom was referred the petitions (accompanied by bill, Senate, No. 172) of Paul R. Feeney and Tackey Chan for legislation to revitalize agriculture, conditioning and simulcasting; (accompanied by bill, House, No. 273) of Tackey Chan relative to extending simulcasting and live horse racing authorization; (accompanied by bill, House, No. 342) of Bradley H. Jones, Jr., and others for legislation to authorize the comptroller to transfer funds from the Race Horse Development Fund to the Community Preservation Trust Fund; (accompanied by bill, House, No. 361) of Adrian C. Madaro relative to extending simulcasting and horse racing authorization; and (accompanied by bill, House, No. 362) of Adrian C. Madaro relative to regulating horse racing, simulcasting and wagering; and so much of the recommendations of the Massachusetts Gaming Commission (House, No 3) as relates to further regulate horse racing (House, No. 4), reports the accompanying bill (Senate, No. 2409).
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SECTION 1. Section 7 of chapter 4 of the General Laws, as appearing in the 2020 Official Edition, as amended by section 1 of chapter 173 of the acts of 2022, is hereby further amended by striking out clause Tenth and inserting in place thereof the following:-
Tenth, “Illegal Gaming”, a banking or percentage game played with cards, dice, tiles, dominoes, or an electronic, electrical or mechanical device or machine for money, property, checks, credit or any representative of value, but excluding: (i) a lottery game conducted by the state lottery commission under sections 24, 24A and 27 of chapter 10; (ii) a game conducted under chapter 23K; (iii) sports wagering conducted under chapter 10; (iv) wagering on races under chapters 23K ¼ and 23K ½; (v) a game of bingo conducted under chapter 271; (vi) charitable gaming conducted under said chapter 271; and (vii) a fantasy contest conducted under section 11M1/2.
SECTION 2. Section 2 of chapter 23K of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Application”, the following definition:-
“Board”, the state racing board established in section 7A.
SECTION 3. Section 4 of chapter 23K of the General Laws, as so appearing, is hereby amended in clause (29) by inserting after the word “the”, in line 113, the following:- board or.
SECTION 4. Section 7 of chapter 23K of the General Laws, as amended by section 117 of chapter 194 of the acts of 2011, is hereby further amended by striking out the section entirely, and inserting in place of the following:-
Section 7. (a) The commission shall administer and enforce appeals of decisions of the board related to pari-mutuel wagering and simulcasting.
(b) The commission may grant a simulcasting license to a gaming establishment subject to the provisions of sections 8 and 9 of chapter 23K ½; provided, however, that in granting any such license to a gaming establishment, the commission shall take into consideration the impact on facilities licensed under chapters 23K ¼ and 23K ½.
SECTION 5. Said chapter 23K of the General Laws, as so appearing, is hereby amended by inserting after section 7 the following section:-
Section 7A. There shall be within the commission a board to be known as the state racing board, in this chapter and in chapters 23K ¼ and 23K ½ called the board.
The board shall consist of three members, one who shall serve as chair, all to be appointed by the governor. Not more than two of such members shall be of the same political party. No person shall be appointed to the board nor be an employee thereof nor officiate at pari-mutuel meetings conducted in this commonwealth who is licensed or regulated, directly or indirectly, by the board other than for the position to which such person is appointed nor shall such person have any legal or beneficial interest, direct or indirect, pecuniary or otherwise, in any firm, association or corporation so licensed or regulated or which participates in pari-mutuel wagering or simulcasting in any manner nor shall such person participate in pari-mutuel wagering or simulcasting in any manner other than in such person’s official capacity. No person shall be a member of the board who is not of good moral character or who has been convicted of, or is under indictment for, a felony under the laws of Massachusetts or any other state, or the United States. Members of the board shall each possess not less than five years of responsible administrative experience in public or business administration; provided that the chair shall also have professional experience in gaming or racing regulatory administration or gaming or racing industry management; provided, further, that at least one member shall be licensed to practice veterinary medicine in the commonwealth with equine racing diagnosis and treatment or research experience.
Members shall receive salaries not greater than three-fourths of the salary of the commissioner of administration under section 4 of chapter 7; provided, however, that the chair shall receive a salary equal to the salary of the commissioner of administration. Members shall devote their full time and attention to the duties of their office.
Each member shall serve for a term of five years and shall hold office until reappointment, or the appointment and qualification of their successor; provided, however, that no member shall serve more than 15 years. The governor may remove any member for cause and shall fill any vacancy for the unexpired term. Whenever any action by the board is required to be in writing, such writing shall be sufficient when signed by the board chair.
Notwithstanding the provisions of section 7, the board shall administer and enforce chapters 23K ¼ and 23K ½ and any general and special law related to live racing, pari-mutuel wagering and simulcasting. The board shall serve as a host racing commission and an off-track betting commission for purposes of 15 U.S.C. 3001, et seq.
The day-to-day operations and general administration of the board, including all administrative functions of the board and all actions not expressly required by statute or regulation to be carried out by the board itself, shall, at the direction and under the board, be under the supervision of an executive director of racing, who shall be appointed by the chair of the board. The executive director of racing shall devote their full time during business hours to their duties hereunder. Subject to the provisions of subsections (k) through (w), inclusive, of section 3, the board may employ such other persons, in addition to the aforementioned executive director of racing, as the board may determine to be necessary to carry out such day-to-day operations and general administration of the board.
The board shall make an annual report in January of each year to the general court. That report shall include the following information with respect to the previous calendar year: statements of monies deposited in the Race Horse Development Fund established under section 60, the Thoroughbred Horse Capital Improvements Trust Fund established under section 60A, and the Standardbred Horse Capital Improvements Trust Fund established under section 60B, together with a detailed account of monies disbursed from the funds, the specific capital improvements for which the disbursements were intended, and a report on which of the improvements have been accomplished; a statement of racing dates awarded to licensees, including those awarded in connection with a state or county fair; and a statement of the total amounts wagered at each race track, together with the monies paid to the commonwealth and the board, purses paid to horse owners and monies retained by each licensee, together with a statement of the net profit of each licensee taken from the financial statements filed under section 11 of chapter 23K ¼. Copies of the report shall be transmitted to the governor, the president of the senate, the speaker of the house of representatives, the chairs of the house and senate committees on ways and means, the joint committee on consumer protection and professional licensure, and the joint committee on revenue.
SECTION 6. Section 19 of said chapter 23K, as so appearing, is hereby amended by striking out the figure “128A” each time it appears, and inserting in place thereof the following:- 23K ¼.
SECTION 7. Said section 19 of said chapter 23K, as so appearing, is hereby further amended by striking out figure “128C” each time it appears, and inserting in place thereof the following:- 23K ½.
SECTION 8. Section 20 of said chapter 23K, as so appearing, is hereby amended by striking out the figure “128A” each time it appears, and inserting in place thereof the following:- 23K ¼.
SECTION 9. Said section 20 of said chapter 23K, as so appearing, is hereby further amended by striking out figure “128C” each time it appears, and inserting in place thereof the following:- 23K ½.
SECTION 10. Section 24 of said chapter 23K, as so appearing, is hereby amended by striking out the figure “128A”, in line 2, and inserting in place thereof the following:- 23K ¼.
SECTION 11. Chapter 23K of the General Laws, as so appearing, is hereby amended by striking out section 60, and inserting in place thereof the following:-
Section 60. (a) There shall be established and set up on the books of the commonwealth a Race Horse Development Fund to be administered by the board. The fund shall consist of monies deposited under subsection (c) of section 55. The board shall make distributions from the Race Horse Development Fund to each licensee under chapter 23K ¼.
(b) The board shall make recommendations on how the funds received in subsection (a) shall be distributed between thoroughbred and standardbred racing facilities to support the thoroughbred and standardbred horse racing industries under this section. In making its recommendations, the board shall consider certain criteria including, but not limited to: (i) the average purses awarded at thoroughbred and standardbred racing facilities; (ii) the total employment numbers, both direct and indirect, attributable to each horse racing industry; (iii) the relative needs of each horse racing industry for increased purses; (iv) the amount of the live racing handle generated by each horse racing industry; and (v) the number of breeding and training farms of each industry that are located in the commonwealth. The board shall submit distribution recommendations to the clerks of the senate and house of representatives not later than 30 days before changing the distribution percentage; provided, however, that the total distribution percentage between the thoroughbred and standardbred racing industries shall not be changed by more than 10 percentage points in a given year.
(c) Funds received from the Race Horse Development Fund shall be distributed between thoroughbred and standardbred accounts, as approved by the board, as follows:
(i) 80 per cent of the funds approved by the board shall be deposited weekly into a separate, interest-bearing purse account to be established by and for the benefit of the horsemen; provided, however, that the earned interest on the account shall be credited to the purse account; and provided further, that licensees shall combine these funds with revenues from existing purse agreements to fund purses for live races consistent with those agreements with the advice and consent of the horsemen;
(ii) 16 per cent of the funds approved by the board shall be deposited as follows: (A) for a thoroughbred track, into the Massachusetts Thoroughbred Breeding Program authorized by the board; or (B) for a standardbred track, into the Massachusetts Standardbred Breeding Program authorized by the board;
(iii) 4 per cent shall be used to fund health and pension benefits for the members of the horsemen's organizations representing the owners and trainers at a horse racing facility for the benefit of the organization's members, their families, employees and others under the rule and eligibility requirements of the organization, as approved by the board; provided, however, that this amount shall be deposited within 5 business days of the end of each month into a separate account to be established by each respective horsemen's organization at a banking institution of its choice; and provided further, that of this amount, the board shall determine how much shall be paid annually by the horsemen's organization to the thoroughbred jockeys or standardbred drivers organization at the horse racing facility for health insurance, life insurance or other benefits to active and disabled thoroughbred jockeys or standardbred drivers under the rules and eligibility requirements of that organization.
SECTION 12. Said Chapter 23K of the General Laws, as so appearing, is hereby amended by inserting after section 60, the following 2 new sections:-
Section 60A. There shall be established and set up on the books of the commonwealth a Thoroughbred Horse Capital Improvements Trust Fund to be administered by the board. During each calendar year each running horse track licensee under section 3 of chapter 23K ¼, other than a licensee holding a racing meeting in connection with a state or county fair, shall daily pay: the total sum of the so-called breaks, as defined in section 9 of said chapter 23K ¼ , less one hundred thousand dollars, into the said trust fund under the direction and supervision of the state racing board members, as they are individuals, as trustees of said trust; provided, however, that the aforementioned sum of one hundred thousand dollars shall be allocated, subject to appropriation, to the Massachusetts council on compulsive gambling. Said trustees shall deposit all monies in said trust fund in one or more banks, at interest, within the commonwealth.
Said trustees may expend without appropriation all or any part of the Thoroughbred Horse Capital Improvements Trust Fund to a running horse track licensee in proportion to the amount deposited in said fund by said running horse track licensee for use as all or part of a capital expenditure for alterations, additions, replacements, changes, improvements or major repairs to or upon the property owned or leased by such licensee and used by it for the conduct of racing, but not for the costs of maintenance or of other ordinary operations, whether such costs have been incurred or not. Said trustees may expend to a licensee all amounts accumulated in such trust fund which are attributable to racing operations conducted at a running horse track.
Said trustees shall prescribe terms and conditions for such grants and may designate specific capital improvements to be undertaken by a licensee; provided, however, that, prior to approving any expenditures from said trust funds for purposes not designated by the trustees, the trustees shall require the licensee to submit to them detailed business plans describing the specific capital improvements contemplated by the licensee and shall formally vote to permit such expenditures; provided, further, that under no circumstances shall the trustees permit the expenditure of trust funds for purposes not directly related to the improvement of running horse racing; and provided, further, that such terms and conditions for capital improvement projects shall include schedules of periodic payments to be prepared by the trustees in accordance with schedules contained in construction contracts for such capital improvement projects. Such licensee shall comply with all applicable provisions of chapter 149 unless such compliance is waived by the commission for cause.
No such expenditure for such capital improvements shall be approved by the trustees if such improvements are to be accomplished pursuant to a contract with a person, corporation, partnership, trust or any combination of the same or any other entity owned wholly or in part by a person, corporation, partnership, trust or any combination of the same or any other entity which owns or operates or holds any interest in any racetrack in the commonwealth.
The trustees shall hire the services of such architectural and engineering consultants or the services of such other consultants as they deem appropriate to advise them generally and to evaluate proposed capital improvement projects submitted to them for their approval.
Nothing herein contained shall preclude a running horse track from making capital improvements not funded in whole or in part from such funds; provided, however, that all sums approved by said trustees hereunder shall be expended in their entirety for capital improvements; provided, further, that any revision by said licensee in the making of capital improvements as hereinbefore provided, shall require separate written approval by the trustees therefor. All financial statements required under section 11 of chapter 23K ¼ shall be accompanied by a statement signed under the pains and penalties of perjury by the chief financial officer of the licensee, setting forth the capital improvements made with funds obtained under this section and further certifying that such expenditures are treated as capital expenditures in the accompanying financial statements.
The trustees shall require from a running horse racetrack such vouchers, cancelled checks or other documents as said trustees deem necessary to verify that the expenditures from said funds were carried out in accordance with the provisions of this section.
Funds paid by licensees and deposited by the board in the Thoroughbred Horse Capital Improvements Trust Fund shall remain in said funds until expended under this section; provided, however, that any amount in said accounts as of December 31st of each year which has not been so expended or as to which no binding commitment has been made by said trustees shall thereupon be deposited in the Race Horse Development Fund established under section 60 of chapter 23K.
Section 60B. There shall be established and set up on the books of the commonwealth a Standardbred Horse Capital Improvements Trust Fund to be administered by the board. During each calendar year each harness horse track licensee under section 3 of chapter 23K ¼, other than a licensee holding a racing meeting in connection with a state or county fair shall daily pay: the total sum of the so-called breaks, as defined in section 9 of said chapter 23K ¼ , and a sum equal to 2 per cent of the total amount wagered by patrons wagering on the speed or ability of a combination of more than one harness horse in a single pool, exotic wagering, so-called, into the said trust fund under the direction and supervision of the state racing board members, as they are individuals, as trustees of said trust. Said trustees shall deposit all monies in said trust fund in one or more banks, at interest within the commonwealth.
Said trustees may expend without appropriation all or any part of the Standardbred Horse Capital Improvements Trust Fund to a harness horse track licensee for use as all or part of a capital expenditure for alterations, additions, replacements, changes, improvements or major repairs to or upon the property owned or leased by such licensee and used by it for the conduct of racing, but not for the costs of maintenance or of other ordinary operations, whether such costs have been incurred or not. Said trustees may expend to a licensee all amounts accumulated in such trust fund which are attributable to racing operations conducted at a harness horse track.
Said trustees shall prescribe terms and conditions for such grants and may designate specific capital improvements to be undertaken by the licensee; provided, however, that prior to approving any expenditures from said trust fund for purposes not designated by the trustees, the trustees shall require the licensee to submit to them detailed business plans describing the specific capital improvements contemplated by the licensee and shall formally vote to permit such expenditures; provided, further, that under no circumstances shall the trustees permit the expenditure of trust funds for purposes not directly related to the improvement of harness horse racing; provided, further, that such terms and conditions for capital improvement projects shall include schedules of periodic payments to be prepared by the trustees in accordance with schedules contained in construction contracts for such capital improvement projects. Such licensee shall comply with all applicable provisions of chapter 149 unless such compliance is waived by the commission in writing for cause.
No such expenditure for capital improvements shall be approved by the trustees if such improvements are to be accomplished pursuant to a contract with a person, corporation, partnership, trust or any combination of the same or any other entity owned wholly or in part by a person, corporation, partnership, trust or any combination of the same or any other entity which owns or operates or holds any interest in any racetrack in the commonwealth.
The trustees shall hire the services of such architectural and engineering consultants or the services of such other consultants as they deem appropriate to advise them generally and to evaluate capital improvement projects submitted to them for their approval.
Nothing herein contained shall preclude a harness horse track from making capital improvements not funded in whole or in part from such funds; provided, however, that all sums approved by said trustees hereunder shall be expended in their entirety for capital improvements; provided, further, that any revision by said licensee in the making of capital improvements as hereinbefore provided, shall require separate written approval by the trustees therefor. All financial statements required under section 11 of chapter 23K ¼ shall be accompanied by a statement signed under the pains and penalties of perjury by the chief financial officer of the licensee, setting forth the capital improvements made with funds obtained under this section and further certifying that such expenditures are treated as capital expenditures in the accompanying statements.
The trustees shall require from a harness racetrack such vouchers, cancelled checks or other documents as said trustees deem necessary to verify that the expenditures from said funds were carried out in accordance with the provisions of this section.
Funds paid by licensees and deposited by the board in the Standardbred Horse Capital Improvements Trust Fund shall remain in said funds until expended under this section; provided, however, that any amount in said accounts as of December 31st of each year which has not been so expended or as to which no binding commitment has been made by said trustees shall thereupon be deposited in the Race Horse Development Fund established under section 60 of chapter 23K.
SECTION 13. The General Laws, as so appearing, is hereby amended by inserting after Chapter 23K the following two chapters:-
CHAPTER 23K ¼.
HORSE RACING MEETINGS.
Section 1. Terms used in this chapter shall, unless the context otherwise requires, be construed as follows:-
“Board”, the state racing board established in chapter 23K.
''Breaks'', in the case of racing meetings conducted in the commonwealth by a racing meeting licensee, the odd cents over any multiple of 10 cents of winnings per $1 wagered.
''Commission'', the Massachusetts gaming commission established in chapter 23K.
''Racing meeting'' shall include every meeting within the commonwealth where horses are raced and where any form of betting or wagering on the speed or ability of horses shall be permitted, but shall not include any meeting where no such betting or wagering is permitted even though horses or their owners, are awarded certificates, ribbons, premiums, purses, prizes or a portion of gate receipts for speed or ability shown.
''Race track'' shall include the track, grounds, auditorium, amphitheatre or bleachers, if any, and adjacent places used in connection therewith, where a horse racing meeting may be held; provided, however, that each person licensed to conduct a running horse racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall conduct the racing meeting on a race track with a racing strip of not less than 1 mile.
''Rebate'', money returned, which was not the result of winning a prize from the wagered competition pursuant to this chapter and chapter 23K ½, to a bettor by a racing meeting licensee based on a percentage of his wager.
''State or county fair'' shall mean an agricultural fair or exhibition, the main purpose of which is the encouragement, improvement or extension of agriculture by competitive exhibits of agricultural products, including exhibits described in paragraph (f) of section 2 of chapter 128, and of varied types of available livestock, with youth participation therein, and the display of agricultural machinery, implements and other improvements of interest to dairy and produce farmers and horticulturists.
Section 2. Any person desiring to hold or conduct a horse racing meeting within the commonwealth shall make an application to the state racing board established in chapter 23K for a license so to do. Such application shall state:
(1) The name of the applicant.
(2) The post office address of the applicant, and if a corporation, the name of the state under the laws of which it is incorporated, the location of its principal place of business and the names and addresses of its directors and stockholders.
(3) The location of the race track where it is proposed to hold or conduct such meeting.
(4) The days on which it is intended to hold or conduct such a meeting.
(5) The hours of each day between which it is intended to hold or conduct racing at such meeting, which hours shall be not before ten o'clock ante meridian for horse racing except as provided for in section 3, nor later than seven o'clock post meridian for running horse racing nor later than twelve o'clock midnight for harness horse racing.
(6) Answers to such other questions as the board may prescribe, and
(7) That the applicant will comply, in case such license be issued, with all applicable laws and with all applicable rules and regulations prescribed by the board.
Such application shall be filed with the board on or before October 1st of the calendar year preceding the calendar year for which application requests a license to be issued under this chapter; and the board shall grant or dismiss such application not later than the November 15th next following; provided, however, that a supplementary application by a licensee for a subsequent license in the calendar year for which a license had theretofore been issued to such licensee and relating to the same premises as were specified in the previously issued license, and supplementary applications by a licensee for additional licenses under section 4, may be filed with the board at any time prior to the expiration of said calendar year for which a license had theretofore been issued to said licensee; and the board shall grant or dismiss such applications within 30 days of the date of filing. Such applications shall be signed and sworn to, if made by an individual, by such individual; if made by two or more individuals or a partnership, by one of such individuals or by a member of such partnership, as the case may be, if made by a trust, by a trustee of such trust, and, if made by an association or corporation, by the president or vice president thereof. The board may prescribe forms to be used in making such applications.
With such application there shall be delivered to the board a certified check or bank draft, payable to the board, weekly in advance for the full amount of the license fee required by this chapter.
Section 3. If any application for a license, filed as provided by section 2, shall be in accordance with the provisions of this chapter, the board, after reasonable notice and a public hearing in the city or town wherein the license is to be exercised, may issue a license to the applicant to conduct a racing meeting, in accordance with the provisions of this chapter, at the race track specified in such application; provided, that if the board has already taken action on an application for any calendar year, after such notice and public hearing, no other public hearing need be held on any other application from the same applicant relating to the same premises filed prior to the expiration of said year; and provided, further, that on an application for a license to conduct a horse racing meeting in connection with a state or county fair the applicant shall show a certificate from the commissioner of food and agriculture that (1) such fair is a state or county fair as defined in section one, (2) such fair has been operating for each of the five consecutive years immediately preceding the date of filing such application and had received for each of said five consecutive years assistance from the agricultural purposes fund, (3) such fair is properly qualified as hereinafter in this paragraph provided and (4) the location where such racing meeting is to be held is annually approved by him and by the board of agriculture; and provided, further, that on an application for a license to conduct a horse racing meeting in connection with a state or county fair by an applicant to whom a prior license to conduct such a racing meeting at the race track specified in said application has been granted by the board, no hearing need be held, unless a request, signed by at least one per cent of the registered voters of the city or town in which the track is located, is filed with the board not later than thirty days following the granting of said license. In determining whether a fair is properly qualified under this paragraph, the commissioner of food and agriculture shall consider the number of days such fair has operated each previous year, the area of the land used for fair purposes, the number of entries in agricultural show events in previous years, the number and value of prizes offered in such events and whether or not the granting of a racing license would tend to promote the agricultural purposes of the fair.
Such license shall state:
(1) The name of the person to whom the same is issued,
(2) The location of the race track where the racing meeting thereby authorized is to be held,
(3) The days on which such meeting may be held or conducted,
(4) The hours of each day between which racing may take place at such meeting, and
(5) That the required license fee has been received by the commission.
No license shall be issued which would permit a racing meeting to be held or conducted except under the following conditions:
(a) No license shall be issued for more than an aggregate of 200 racing days in any 1 year at all running horse racing meetings combined, not including running horse racing meetings held in connection with state or county fairs.
(b) No license shall be issued for more than an aggregate of 200 racing days in any 1 year at all harness horse racing meetings combined, including harness horse racing meetings at state or county fairs.
(c) Licenses shall permit racing meetings only between the hours of 10:00 a.m. and 12:00 midnight. The board shall grant authorized dates at such times that are consistent with the best interests of racing and the public; provided, however, that dates for racing meetings held in connection with a state or county fair may only be awarded during the period between June 15 and October 15. The board may, in its discretion, on written application from a racing licensee made at least 7 days prior to the date of any proposed change of time stated in the racing license and without necessity for further public hearing, change the hours of conducting such racing meeting between any of the aforesaid hours, notwithstanding the hours set forth on the license; provided, however, that, if by reason of state or national emergency, night illumination is forbidden by public authority, then the board may, in its discretion, issue a license to permit racing at such hours as the board shall determine between the hours of 10:00 a. m. and 12:00 midnight. For the purpose of imposing the fee provided for in section 4, computing the sums payable to the board under section 9 and counting the number of days authorized by clauses (a) and (b), any racing meeting held after 7:00 p.m. on the same day on which a racing meeting is held at the same race track prior to 7:00 p.m. shall be considered a separate day of racing.
(d) Each county shall have not more than 1 racing meeting licensee, except in connection with a state or county fair.
(e) No license shall be issued to any person who is in any way in default, under the provisions of this chapter, in the performance of any obligation or in the payment of any debt to the board; provided, however, that no license shall be issued to any person who has, within 10 years of the time of filing the application for the license, been convicted of violating section 9.
(f) In granting authorized dates under this section, the board shall take into consideration, in addition to any other appropriate and pertinent factors, the following: the financial ability of an applicant to operate a race track; the maximization of state revenues; the suitability of racing facilities for operation at the time of the year for which dates are assigned; the circumstance that large groups of spectators require safe and convenient facilities; the interest of members of the public in racing competition honestly managed and of good quality; the necessity of having and maintaining proper physical facilities for racing meetings and the necessity of according fair treatment to the economic interest and investments of those who in good faith have provided and maintain such facilities. Notwithstanding the foregoing provisions of this section, the board shall have the right to review and reconsider without further notice or public hearing any application made prior to October 1 for which racing dates have been requested for the following year; provided that the application has had a public hearing prior to November 15; and provided, further, that any applicant who has been denied these racing dates makes a written request for review and reconsideration within 90 days of receiving notice of the denial; and provided further, that the commission shall reconsider and review the request within 180 days of the denial.
(g) No license shall be transferable, except with the approval of the board.
(h) No license shall be issued to permit horse racing meetings to be held on premises owned by the commonwealth or any political subdivision thereof.
(j) No license shall be issued to any person to hold or conduct a horse racing meeting in connection with a state or county fair or any exhibition for the encouragement or extension of agriculture under the reduced license fee provided in section 4, unless the applicant shall first satisfy the board that the main purpose of the fair or exhibition is the encouragement or extension of agriculture and that the same constitutes a bona fide exhibition of that character. No license shall be issued to a person to hold or conduct a horse racing meeting in connection with a state or county fair or any exhibition for the encouragement or extension of agriculture for more than 15 days in a calendar year.
(k) No license shall be issued unless the person applying therefor shall have executed and delivered to the board a bond payable to the board in the amount of $1,250,000 with a surety or sureties approved by the board conditioned upon the payment of all sums which may become payable to the board under this chapter; provided, however, that the amount of such bond, in the case of any person holding or conducting a racing meeting in connection with a state or county fair, shall be $250,000.
(l) Every license shall be recorded in the office of the clerk of the city or town in which the racing meeting is held or conducted at a time not less than 5 days before the first day of the meeting or forthwith upon the issuance of the license if the same shall be issued after that time. After the license is so recorded, a duly certified copy thereof shall forthwith be conspicuously displayed and shall be kept so displayed continuously during the racing meeting in the principal business office at the race track where the meeting is held and at all reasonable times shall be exhibited to any person requesting to see the same.
(m) Every licensee shall keep conspicuously posted in various places on its premises a notice containing the name and numbers of the council on compulsive gambling and a statement of its availability to offer assistance.
Section 4. The fee for the license provided for in section 3 shall be $300 or three-fourths of one-tenth of one per cent of the average daily handle of the previous calendar year for each day of any running horse or harness horse racing meeting, whichever is the greater amount; provided, however, that a reduced fee, applicable to a license to any person holding or conducting a horse racing meeting in connection with a state or county fair, or any exhibition for the encouragement or extension of agriculture, shall not exceed $100 for each day of such horse racing meeting.
If for any reason or cause, beyond the control of and through no fault or neglect of any licensee and while such licensee is not in default, it should become impossible or impracticable to conduct racing upon any day or successive days specified in a license issued by the board, the board at the request of the licensee may, and upon proper showing shall, request the state treasurer to refund to the licensee an amount equal to the license fees paid for days on which such licensee does not hold or conduct a racing meeting under the terms of the license issued for such purpose. Upon receipt of such request, the state treasurer shall forthwith pay such amount to such licensee. The board may, upon application of any such licensee, and upon the payment of the required license fees, grant an additional license for not more than the number of days on which it was impossible or impracticable to conduct racing, which days shall not be counted in the aggregate of racing days permitted by section 3. The decision of the board as to such impossibility or impracticability shall be final.
No license fee for the privilege of holding or conducting a horse racing meeting, or for any other purpose peculiarly incidental to the holding or conducting of such a meeting, shall be imposed upon or collected from such a licensee by any city or town.
Section 5. (a) The provisions of section 181 of chapter 140, and of sections 31, 33 and 34 of chapter 271, and of chapter 494 of the acts of 1908 shall not apply to race tracks or racing meetings laid out and conducted by licensees under this chapter or to animals eligible to race at such meetings; except that no license shall be granted by the board for a racing meeting in any city or town, except in connection with a state or county fair, unless the location of the race track where such meeting is to be held or conducted has been once approved by the mayor and city council or the town council or the selectmen as provided by said section 33 of said chapter 271, after a public hearing, seven days’ notice of the time and place of which hearing shall have been given by posting in a conspicuous public place in such city or town and by publication in a newspaper published in such city or town, if there is any published therein, otherwise in a newspaper published in the county wherein such city or town is situated, and a majority of the registered voters of such city or town voting on the described location relative to granting such licenses have voted in the affirmative within the same calendar year as such approval by a mayor and city council or the town council or the selectmen.
(b) A certified copy of the results of a vote on a question submitted to the voters of a political subdivision, in accordance with the provisions of this chapter, relative to granting a license for a horse racing meeting or horse races at fairs, shall be sent by the state secretary, or by the city or town clerk in the case of a vote by a city or town, to the board within 90 days after the election.
Section 6. The board shall have full discretion to refuse to grant a license to any applicant for a license or to suspend or revoke the license of any licensee. If any license is suspended or revoked, the board shall make a record of its reasons for doing so and such record shall be made available to any person requesting to inspect the same.
Section 7. Except in the case of a publicly held corporation, no person, firm, partnership, trust, association or corporation who has been granted a license to conduct a horse racing meeting, or an officer, director or the beneficial owner of 10 per cent or more of the stock of a corporation holding such a license, shall sell, transfer, convey or cause to be transferred, singly or in concert with others, more than 10 per cent of the value or stock of the facility or corporation so licensed without first obtaining the written approval of the board.
The board shall approve such sale, transfer or conveyance unless it finds that the consideration therefor is (i) inadequate or (ii) without good cause, (iii) that the sale or transfer results in an undesirable concentration of ownership of racing facilities within the commonwealth, or (iv) that the sale or transfer has an adverse impact upon the integrity of the racing industry.
A publicly held corporation, shall, prior to the sale, transfer or conveyance of more than 10 per cent of the stock of the corporation, file notice of such action with the board. A copy of any filing required by state or federal securities law regarding notice of such sale, transfer or conveyance shall be simultaneously filed with the board. The board shall have the same rights as to transferees as it would have with respect to original applicants for licensure.
Section 8. At least 85 per cent of the persons employed by a licensee at a racing meeting held or conducted by them shall be citizens of the commonwealth and shall have been such citizens for at least two years immediately prior to such employment.
Section 9. (a) Before holding or conducting a racing meeting, every licensee shall provide a place or places, equipped as hereinafter provided, on the grounds where such meeting is held or conducted or adjacent thereto, but not elsewhere, at which such licensee shall conduct and supervise the pari-mutuel or certificate system of wagering on the speed or ability of horses performing in the races held or conducted by such licensee at such meeting, and such pari-mutuel or certificate method of wagering upon such races so conducted shall not under any circumstances be held or construed to be unlawful, notwithstanding any general or special law to the contrary. Such place or places shall be equipped with automatic betting machines capable of accurate and speedy determination of awards or dividends to winning patrons, and all such awards or dividends shall be calculated by a totalisator machine or like machine, except at state or county fairs.
(b) No other place or method of betting, poolmaking, wagering or gambling shall be used or permitted by the licensee, nor shall this chapter be deemed to authorize or legalize the pari-mutuel or certificate system of wagering on any races except at the track where such pari-mutuel or certificate system of wagering is conducted; provided, however, that this prohibition shall not apply to simulcast wagering authorized under chapter 23K ½ nor to account wagering authorized under section 10 of said chapter.
(c) Each licensee conducting a running horse racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall return to the winning patrons wagering on the speed or ability of any 1 running horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 running horse; and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 26 per cent of the total amount deposited. Each licensee shall:
(1) pay to the board on the day following each day of such running horse racing meeting a sum equal to 0.75 per cent of the total amount deposited on the preceding day by patrons so wagering at the meeting, the percentage to be paid from the 19 per cent or 26 per cent withheld, as provided in this section, from the total amount wagered;
(2) pay to the Massachusetts Thoroughbred Breeders Association, Inc. on the day following each day of such running horse racing meeting a sum equal to 1 per cent of the total amount deposited by the patrons, less the breaks, and taken from the 19 per cent withheld and from the 26 per cent withheld from exotic wagers, the monies to be used for the purposes of subsection (g) of section 2 of chapter 128;
(3) allocate from the total amount deposited daily by the patrons wagering at the meeting a sum equal to 8.5 per cent from the 19 per cent withheld and a sum equal to 9.5 per cent from the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses to the horse owners in accordance with the rules and established customs of conducting running horse racing meetings and, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations, and the monies shall be in addition to monies deposited into a separate purse account as simulcast premiums received pursuant to section 2 of chapter 23K ½;
(5) pay a sum equal to 0.25 per cent from the 19 per cent and 26 per cent withheld from the total amount wagered by patrons so wagering and the total sum of the breaks annually into the trust fund known as the Thoroughbred Horse Capital Improvements Trust Fund, under the direction and supervision of the state racing board members as they are individuals as trustees of said trust;
(6) pay to Tufts University School of Veterinary Medicine on the day following each day of such running horse racing meeting a sum equal to 0.5 per cent of the total amount deposited by the patrons, less the breaks, from the 26 per cent withheld from exotic wagers, to be used for equine research scholarships and loans.
Each licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from the total amounts wagered less the amounts required to be paid under clauses (1) to (6), inclusive.
(d) Each licensee conducting a harness horse racing meeting shall return to the winning patrons wagering on the speed or ability of any 1 harness horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 harness horse; and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 26 per cent of the total amount so deposited. Each such licensee, including a licensee holding a harness horse racing meeting in connection with a state or county fair, shall:
(1) pay to the board on the day following each day of such harness horse racing meeting, excluding races conducted in connection with a state or county fair, a sum equal to 0.75 per cent of the total amount deposited on the preceding day by patrons so wagering at the meeting, the percentage to be paid from the 19 per cent withheld from the straight wagers or 26 per cent withheld from the exotic wagers as provided under this section;
(2) pay to the Massachusetts Standardbred Breeders program established under subsection (j) of section 2 of chapter 128, on the day following each day of the harness horse racing meeting a sum equal to 0.5 per cent of the total amount deposited by the patrons, less the breaks, and taken from the 19 per cent withheld from the straight wagers and a sum equal to 1.5 per cent of the total amount deposited by the patrons, less the breaks, from the 26 per cent withheld from the exotic wagers; the monies to be used for the purposes of said subsection (j) of said section 2 of said chapter 128;
(3) allocate from the total amount deposited daily by the patrons wagering at such meeting a sum equal to 8 per cent from the 19 per cent withheld and a sum equal to 10 per cent from the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses to the horse owners in accordance with the rules and established customs of conducting harness horse racing meetings; the monies shall be in addition to monies deposited into a separate purse account as simulcast premiums received under section 2 of chapter 23K ½ ;
(5) pay the total sum of the breaks and a sum equal to 2 per cent of the total amount of the exotic wagers into the trust fund known as the Standardbred Horse Capital Improvements Trust Fund, under the direction and supervision of the state racing board members as they are individuals as trustees of the trust.
Each licensee may retain as its commission on the total of all sums deposited, a sum not exceeding the balance of the 19 per cent withheld from the straight wagers or the 26 per cent withheld from the exotic wagers as provided in this section less the amounts required to be paid under clauses (1) to (5), inclusive.
(f) Each licensee conducting a running horse racing meeting in connection with a state or county fair shall return to the winning patrons wagering on the speed or ability of any 1 running horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any 1 running horse.
Each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than 1 horse in a single pool, also called an exotic wager, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 26 per cent of the total amount so deposited. Each licensee shall:
(1) pay to the board on the day following each day of such running horse racing meeting a sum equal to 0.75 per cent of the total amount deposited on the preceding day by patrons wagering at the meeting, the percentage to be paid from the 19 per cent and 26 per cent withheld, as provided under this section, from the total amount wagered on straight wagers and exotic wagers, respectively;
(2) allocate from the total amount deposited daily by the patrons wagering at the meeting a sum equal to 8 per cent from each of the respective 19 per cent withheld and 26 per cent withheld as provided in this subsection to be used solely for the payment of purses to the horse owners in accordance with the rules and established customs for the conduct of running horse racing meetings; and
(3) pay a sum equal to 1 per cent of the total handle at the end of its racing schedule to the Massachusetts Thoroughbred Breeders Association, Inc.; provided, however, that the Association shall utilize the monies to develop a program to support horse racing at agricultural fairs including, but not limited to, owners' and breeders' awards for Massachusetts-bred thoroughbreds and provisions to supplement the purses of races or to provide the entire purse for the Massachusetts-bred thoroughbred races.
Each licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from the total amounts wagered less the amounts required to be paid under clauses (1) to (3), inclusive.
(h) All pari-mutuel taxes paid to the board under this section, together with all pari-mutuel taxes paid to the board under section 2 of chapter 23K ½, and all assessments, association licensing fees, occupational licensing fees, fines, penalties and miscellaneous revenues, other than unclaimed wagers, paid to the board shall be deposited in the race horse development fund established in chapter 23K.
(j) 3.5 per cent of all purses at all running horse racing meeting licensees' tracks in the commonwealth shall be paid to the Massachusetts Thoroughbred Breeders' Association, Inc.
Section 10. Monies from all unclaimed live wagers made under this chapter and chapter 23K ½ shall be deposited with the board. Subject to the rules and regulations established by the board, the board shall deposit the unclaimed live wagers into the purse accounts of the racing meeting licensees that generated those unclaimed live wagers. A notice of the limitation prescribed by this section, in such form as the board shall prescribe, shall be posted by each licensee in a conspicuous place at each window or booth where pari-mutuel tickets are sold.
Section 11. Accurate records and books shall at all times be kept and maintained by each licensee, showing the number, nature and amount of all wagers made in connection with such meeting. The board, or its duly authorized representatives, shall at all reasonable times have access to the records and books of any licensee for the purpose of examining and checking the same, and ascertaining whether or not the proper amount has been or is being paid to the commission as herein provided.
Within 60 days after the close of a racing meeting, each licensee conducting a horse racing meeting shall submit, on forms prescribed by the board, financial statements certified to the board by a certified public accountant; provided, however, that said licensee with the prior written approval of the board, may submit said statements annually within 60 days after the close of its fiscal year, if any. The board, or its duly authorized representatives, shall at all reasonable times have access to all records and books of the licensee for the purpose of examining and certifying the same.
The board may also from time to time require sworn statements of such wagers and may prescribe blanks upon which such reports shall be made. Any licensee failing or refusing to make such report as herein provided, or failing or refusing to pay the amount found to be due as provided in this chapter, shall be deemed guilty of larceny and upon conviction shall be punished by a fine of not less than $1,000 nor more than $10,000.
Section 12. The board shall appoint two stewards to each track licensed to conduct racing meetings, who shall not be subject to chapter 31 or section 9A of chapter 30. The board shall assign, by regulation, duties to be performed by him. The compensation of the board-appointed steward shall be fixed by the board.
The board may also appoint one or more other representatives to attend each racing meeting held or conducted under a license issued under this chapter, and the appointment of said representatives shall not be subject to chapter 31 or section 9A of chapter 30. The compensation and duties of each such representative shall be fixed by the board.
Each such representative appointed by the board to attend a racing meeting shall have full and free access to the space or enclosure where the pari-mutuel or certificate system of wagering is conducted or supervised for the purpose only of ascertaining whether or not the provisions of this chapter are being properly observed. They shall also, for the same purpose only, have full and free access to the books, records and papers pertaining to such pari-mutuel or certificate system of wagering. All employees of the board assigned to the tracks for security purposes and all police officers assigned to the board shall be under the control and authority of one of the representatives of the board at each track. Said representative shall have full and free access to any other areas used in connection with the conduct of racing. They shall investigate, ascertain and report to the board in writing under oath as to whether or not he has discovered any violation at such meeting of any of the provisions of this chapter, and, if so, the nature and character of such violations. Such report shall be made within 10 days after the termination of the duties of such representative at any racing meeting.
If any such report shows any violation of this chapter, the board shall transmit a copy of such report to the attorney general for such action as they shall deem proper.
Section 13. The board shall apply to the department of public safety for the assignment of a complement of police officers to the board on a regular basis and said department shall assign such complement to the board. The board shall assign such police officers to guard and protect the lives and safety of the public, property and the animals to be raced at any such meeting, and to perform any such other duties which may be required by said board in order to maintain fair and honest pari-mutuel racing at any such meeting. The police officers so assigned shall, except in the case of an emergency, and while on duty at any such racing meeting, be subject to the operational authority of the board; provided, however, that such assignment or reassignment shall not in any way impair any rights to which any officer may be entitled.
The board shall from funds available pay to the department of public safety the cost of the salaries of the police officers so assigned from funds appropriated to the board.
All assignments and reassignments to the board, except as the commissioner of public safety shall determine that an emergency exists or is threatened, shall be subject to the approval of the chair of the board. Nothing herein shall prevent licensees from applying to the state police if they have jurisdiction in the area where a racing meeting is to be held, or to the police department of a city or town wherein a racing meeting is to be held, in order that such police agency may furnish a police detail for safety or traffic purposes at any racing meeting authorized by this chapter. The total cost for any such police detail shall be a sum equal to the salaries of the police officers comprising such detail, plus a sum to cover the administrative expenses incurred by the department of each such police officer.
The board shall employ as many veterinarians, chemists and laboratory technicians as it deems necessary to insure the legitimate performance of the animals to be raced at any racing meetings authorized by this chapter and to protect the health of such animals and the department of public safety shall provide that such veterinarians, chemists and laboratory technicians shall have access to the department's laboratory facilities.
Section 14. The board shall make periodic inspections of all of the installations and facilities operated by its licensees, including stable areas and the office of the racing secretary during the time that entries are being filed. Each member shall from time to time personally visit the jockeys' room to observe the activity of the custodians and valets, and the operation of the clerk of the scales, weighing procedures and security provisions. The activities of stewards, placing judges, patrol judges and starters shall be closely supervised by said board and the calculating and tote control room of the various tracks shall be regularly spot-checked to insure fair and equitable results for the wagering public.
Section 15. The board shall have full power to prescribe rules, regulations and conditions under which all horse races at horse racing meetings shall be conducted in the commonwealth and may by rule or regulation prohibit licensees from admitting minors to horse racing meetings.
The board shall have power to prescribe special rules, regulations and conditions applicable to horse racing meetings held under licenses granted hereunder in connection with a state or county fair, or any exhibition for the encouragement or extension of agriculture.
The board shall prescribe rules and regulations under which betting accounts for account wagering, as provided in section 10 of chapter 23K ½, shall be established, maintained and operated.
Rules and regulations so prescribed shall be printed by the board and furnished in reasonable numbers to anyone who may request them.
Any person violating any such rule or regulation shall, upon a complaint brought by the board, be punished by a fine not exceeding $5,000 or by imprisonment not exceeding one year, or by both.
Section 16. For the purpose of enabling the board to exercise and maintain a proper control over horse racing conducted under the provisions of this chapter, the rules, regulations and conditions prescribed by the board under section 15 shall provide for the licensing and registering at reasonable and uniform fees, of agents, assumed names, colors, partnerships and minor agreements and shall provide for the licensing at reasonable and uniform fees of veterinarians, blacksmiths, owners, trainers, jockeys and stable employees at horse tracks participating in such racing, and any other persons having access to horses and all pari-mutuel clerks and other persons with access to money wagered on races.
Such rules and regulations shall also provide for the fingerprinting of all licensees. Every person so licensed shall be required to display and wear a badge containing a photograph. Such rules and regulations may also provide for the suspension and revocation of licenses so granted and for the imposition on persons so licensed of reasonable forfeitures and penalties for the violation of any rule or regulation prescribed by the board and for the use of the proceeds of such penalties and forfeitures.
The board shall have access to criminal offender record information of applicants for any license granted under this chapter or chapter 23K ¼, including officers, directors and beneficial owners of 10 per cent or more of the stock of a corporation applying for such a license, and for applicants for employment by the board. Such access shall be exercised in accordance with sections 167 to 178, inclusive, of chapter 6.
Section 17. Notwithstanding the provisions of section 5 of chapter 30A, no rule, regulation or condition of the board promulgated under the provisions of this chapter shall take effect except as hereinafter provided.
A copy of every such rule, regulation or condition shall be filed with the clerk of the senate and shall be forthwith referred by them to the joint committee on consumer protection and professional licensure.
Said committee shall file a written report with the clerks of the house and senate within 30 days after the filing of the copy thereof with said clerks, stating whether said rules, regulations and conditions are consistent with the statutory provisions under which they were promulgated.
Said rules, regulations and conditions shall take effect unless disapproved by a majority vote of both branches of the general court within 60 days after the filing of the copy thereof with the clerks of the house and senate unless the general court has prorogued within said 60 days.
If the general court prorogues within 60 days of the filing, with the clerks of the house and senate of such rules, regulations and conditions, the clerks of the house and senate shall refer the same to the committee on consumer protection and professional licensure the next session of the general court.
Said committee shall report as hereinbefore provided within 30 days of the first day of such session and such rules, regulations and conditions shall take effect unless disapproved by a majority vote of both branches of the general court within 60 days of the first day of such session.
The clerks of the house and senate shall notify the board of the action taken thereon by the general court.
Notwithstanding the provisions of this section, the board may adopt emergency rules or regulations to protect the health or safety of the public, participants, or animals; provided, however, that no emergency rule or regulation shall attempt to regulate the dates, manner of wagering, or economic terms or conditions of horse racing within the commonwealth; and provided, further, that such emergency rules and regulations shall expire within 90 days.
Section 18. (a) Whoever, being under 21 years old, participates, whether personally or through an agent, in the pari-mutuel or certificate system of wagering at a racing meeting held or conducted by a licensee shall be punished by a fine not to exceed $1,000.
(b) Whoever, being a licensee or an employee of a licensee, who knowingly allows a person under the age of 21 to participate, whether personally or through an agent, in the pari-mutuel or certificate system of wagering at a racing meeting held or conducted by such licensee shall be punished, for a first offense, by imprisonment in the house of correction for not more than 1 year or a fine not to exceed $10,000, or both, and in the case of a person other than a natural person, by a fine not to exceed $500,000 and, for a second or subsequent offense, by imprisonment in the house of correction for not more than 2 years or a fine not to exceed $50,000, or both, and in the case of a person other than a natural person, by a fine not to exceed $1,000,000.
(c) Whoever knowingly participates in the pari-mutuel or certificate system of wagering at a racing meeting held or conducted by such licensee for or on behalf of a person under 21 years of age shall be punished by imprisonment in a house of correction for not more than 6 months or by a fine of not more than $1,000 or both.
Section 19. Whoever, with intent to defraud, falsely makes, alters or forges a pari-mutuel betting ticket issued under the provisions of section 9, or whoever, with intent to defraud, utters and publishes as true a false, forged or altered pari-mutuel betting ticket issued under the provisions of said section 9, knowing the same to be false, forged or altered, shall be punished by a fine of not more than $1,000 or by imprisonment in the state prison for not more than five years or in a jail for not more than two years.
Section 20. Any person making a handbook, at any race track within the commonwealth, or holding or conducting a gambling pool or managing any other type of wagering or betting on the results of any horse or dog race, or aiding or abetting any of the foregoing types of wagering or betting, except as permitted by this chapter, shall for a first offence be punished by a fine of not more than two thousand dollars and imprisonment for not more than one year, and for a subsequent offence by a fine of not more than $10,000 and imprisonment for not more than two years.
Section 21. Any jockey, trainer or owner of horses participating in horse racing, if found guilty by the board of unfair riding or crooked tactics, may be barred or suspended from further participation in racing throughout the commonwealth.
Section 22. No person shall administer or cause to be administered any drug, internally or externally by injection, drench or otherwise, to any horse for the purpose of retarding, stimulating or in any other manner affecting the speed of such horse in or in connection with a race conducted under the provisions of this chapter. Whoever violates this section shall be punished by a fine of $5,000 or by imprisonment for one year, or both.
Section 23. No person shall influence, induce or conspire or connive with, or attempt so to do, any owner, trainer, jockey, agent, driver, groom or other person associated with or interested in or having charge of or access to any horse entered or to be entered in a race for the purpose of fraudulently affecting the ultimate result of such race. Whoever violates this section shall be punished by a fine of not less than $100 nor more than $3,000 or by imprisonment for not more than one year, or both.
Section 24. Any board member or representative of the board or any person licensed to conduct a horse racing meeting, including racing meetings conducted in connection with state or county fairs, shall have the right to refuse admission to or eject from its premises any person whose presence on said premises is detrimental, in the sole judgment of the board member or representative of the board or of said licensee, to the proper and orderly conduct of a racing meeting.
Any person who has been notified by any board member or representative of the board or a licensee of a racing meeting not to enter or attempt to enter its premises and who thereafter, without the express approval of any board member or representative of the board or the licensee, enters or attempts to enter such premises while a racing meeting is being conducted therein, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or both. Any person so excluded by any board member or representative of the board or by a licensee shall have a right of appeal to the commission. The commission shall hold a hearing within ten days after any such person requests an appeal and may after such hearing by vote allow such person admission to such meeting.
Section 25. No person shall hold or conduct, or assist, aid or abet in holding or conducting, any horse racing meeting within the commonwealth unless such person shall comply with the provisions of this chapter.
Any person holding or conducting or any person aiding or abetting in holding or conducting, any horse racing meeting within the commonwealth in violation of any of the provisions of this chapter shall, unless some other penalty for such violation is provided in this chapter, be punished for each such offence by a fine of not more than $10,000 or by imprisonment for not more than one year, or both.
For the purpose of this section, each day on which any horse racing meeting shall be held or conducted in violation of any of the provisions of this chapter shall be considered a separate and distinct offence.
Section 26. Notwithstanding the provisions of this chapter or any general or special law to the contrary, no dog racing or racing meeting where any form of betting or wagering on the speed or ability of dogs occurs shall be conducted or permitted in this commonwealth and the board is hereby prohibited from accepting or approving any application or request for racing dates for dog racing.
Any person violating any provision of this section relative to dog racing shall be subject to a civil penalty of not less than $20,000 which shall be payable to the board and used for administrative purposes of the board subject to appropriation.
CHAPTER 23K ½.
SIMULCAST WAGERING OF RACING.
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
"Advance deposit wagering”, a form of pari-mutuel wagering in which a person deposits money in an account with an advance deposit wagering hub operator licensed by the board to conduct advance deposit wagering. The money is used to pay for pari-mutuel wagers made in person, by telephone, or through a communication by other electronic means on horse or dog races held in or outside the Commonwealth.
"Advance deposit wagering hub operator", a simulcast and interactive wagering hub business operated by a racing meeting licensee or gaming licensee directly, or through an agreement with an authorized and licensed service provider, and licensed by the board that, through a subscriber-based service located in this or another state, conducts pari-mutuel wagering on the races that it simulcasts and on other races that it carries in its wagering menu and that uses a computer that registers bets and divides the total amount bet among those who won.
“Board”, the state racing board established in chapter 23K.
''Breaks'', in the case of racing meetings conducted in the commonwealth by a racing meeting licensee, the odd cents over any multiple of 10 cents of winnings per 1 dollar wagered. In the case of racing meetings conducted at a host track outside the commonwealth, the amount of the breaks shall be determined in accordance with the laws of the state in which the host track is located.
''Commission'', the Massachusetts gaming commission established in chapter 23K.
''Dark days'', those days during a racing season on which live racing is not conducted.
''Dark season'', that period of consecutive days between racing seasons during which a racing meeting licensee may not conduct live racing performances.
''Full schedule of live racing performances'', the conduct of no fewer than seven live races at not less than four separate racing performances each full week during a racing season.
“Gaming licensee”, a person or entity who holds a gaming license under chapter 23K.
''Guest track'', a racing meeting licensee or an out-of-state pari-mutuel wagering facility which accepts any simulcast wager on a live race conducted at another track which is presented by simulcast at its facility.
''Host track'', a racing meeting licensee or an out-of-state track which conducts a live race which is the subject of inter-track simulcasting and simulcast wagering.
''Inter-track simulcasting'', the simulcast of a live race conducted at one track to another track, whether either of said tracks is inside or outside the commonwealth, to permit the recipient of the simulcast to accept simulcast wagers on the race.
''Racing card'', a full program of races on a specified day as approved by the state racing commission at a racing meeting licensee, a pari-mutuel licensee, or other licensed wagering facility located outside the commonwealth.
''Racing day'', a day on which 1 or more racing performances are conducted.
''Racing meeting licensee'', a person licensed by the board, under chapter 23K ¼ to conduct live horse racing meetings; provided, however, that for the purposes of this chapter the words racing meeting licensee shall not include licensees holding racing meetings in connection with a state or county fair.
''Racing performance'', the conduct of at least seven live races during one day.
''Racing season'', that period of consecutive days including dark days during which a racing meeting licensee conducts a full schedule of live racing performances pursuant to his operating license.
''Simulcast'', the broadcast, transmission, receipt or exhibition, by any medium or manner, of a live race, including but not limited to, a system, network, or programmer which transmits, or receives, television or radio signals by wire, satellite, or otherwise.
''Simulcast wager'', a wager taken at a guest track on a race conducted live at another track, whether inside or outside the commonwealth.
"Source market fee", the portion of a wager made with a licensed advance deposit wagering hub operator by a Massachusetts resident that is paid to the board.
''Takeout'', that amount of money wagered which is not returned as prize money to the wagerers and which does not include the breaks as defined in section 9 of chapter 23K ¼.
Section 2. A racing meeting licensee, except a licensee operating within Berkshire county, or gaming licensee shall have the right to simulcast live races, for wagering purposes or otherwise, within the commonwealth except in Berkshire county and to and from pari-mutuel licensees or other licensed wagering facilities located outside the commonwealth. Such right shall only be exercised on any calendar day on which a racing meeting licensee conducts a racing performance, a dark day or during a dark season. Any violation of the provisions of this chapter shall be cause for the board to invoke its power to suspend or revoke a racing meeting licensee’s operating license under section 6 of chapter 23K ¼ or for the commission to invoke its power to suspend or revoke a gaming licensee’s operating license under section 3 of chapter 23K. A racing meeting licensee shall make simulcasts of live races conducted by such racing meeting licensee available to all otherwise eligible racing meeting licensees and gaming licensees who have successfully made application to the board or commission to simulcast, on the same terms, to include economic terms, and conditions.
All racing meeting licensees and gaming licensees, whether acting as a host or guest track for simulcasting purposes shall file with the board, clerk of the senate and clerk of the house of representatives a copy of all contracts, agreements, or conditions under which simulcast events are broadcast, transmitted or received which shall include provisions for takeout, commissions and charges.
No racing meeting licensee, whether acting as a guest track or a host track shall simulcast live races unless said licensee conducts a full schedule of live racing performances during a racing season except that if the board determines that a licensee cannot conduct a full schedule of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the board may permit the licensee to continue simulcasting, and if it appears that a racing meeting licensee is or will become unable to conduct a full schedule of live racing performances, the board shall suspend such right to simulcast until said licensee conducts or resumes a full schedule of live racing performances; provided, further, that no racing meeting licensee shall simulcast live races unless each said racing meeting licensee is licensed to conduct no fewer than a total of 60 racing performances.
All simulcasts shall comply with the provisions of the Interstate Horseracing Act of 1978, 15 U.S.C. Sec. 3001 et seq. or other applicable federal law; provided, however, that all simulcasts from states whose racing associations do not require approval in compliance with the Interstate Horseracing Act of 1978, 15 U.S.C. Sec. 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen's Benevolent and Protective Association, or other entity deemed appropriate by the board, prior to being simulcast to any racing meeting licensee within the commonwealth; provided, further, that if said association agrees to approve such simulcast for one racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.
Each racing meeting and gaming licensee shall pay a fee for those days, whether a dark day, a day during a dark season, or any day between periods of racing under an operating license, when no live races are conducted but simulcast races are shown and simulcast wagers are accepted. Such fee shall be determined by the board in accordance with the license fees charged under the provisions of chapter 23K ¼. No other daily fee shall be assessed.
Section 3. All wagers on simulcast races accepted by a racing meeting licensee or gaming licensee within the commonwealth or by a pari-mutuel licensee in another jurisdiction when such licensee is operating as a guest track shall be included in the pari-mutuel pool of the racing meeting licensee which conducts the live race, unless the board approves a different procedure.
The board shall promulgate rules as are necessary to facilitate the commingling of pari-mutuel pools, to ensure the proper calculations and distributions of payments and takeouts on such wagers and to regulate the distribution of net proceeds as provided in this chapter.
Section 4. The unclaimed simulcast wagers collected by the gaming licenses, the running horse racing meeting licensee, and the harness horse racing meeting licensee shall be deposited in a separate account under the control and supervision of the board for payment to the purse accounts of the racing meeting that generated the unclaimed wagers.
Section 5. (a) Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live running horse race from a host track within the commonwealth shall pay daily from such simulcast wagers a sum equal to 0.125 per cent and the total sum of the breaks into the trust fund known as the Thoroughbred Horse Capital Improvements Trust Fund under the direction and supervision of the state racing board members.
Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less such breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any one running horse, also known as a straight wager, and, each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks, and less an amount not to exceed 26 per cent of the total amount so deposited.
The licensee shall pay to the board on behalf of the commonwealth on the day following each day of simulcasting, a sum equal to 0.375 per cent; a sum equal to 0.5 per cent to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding in the commonwealth pursuant to law; a sum equal to 5 per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26 per cent withheld to the horse owners at the host track for purses in accordance with the rules and established customs of conducting running horse racing meetings or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations; said percentage to be paid from the 19 per cent and the 26 per cent withheld, as provided in this section.
The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track; 8.75 per cent of the straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations, said percentages to be paid from the 19 per cent and 26 per cent withheld as provided in this section.
(b) Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live running horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the sum of 0.125 per cent and the total sum of the such breaks into the trust fund known as the Thoroughbred Horse Capital Improvements Trust Fund under the direction and supervision of the state racing board members.
Each licensee shall return to the winning patrons all sums so deposited less the breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that, from the total of the percentages withheld, the sum of 0.375 per cent shall be paid daily to the board on behalf of the commonwealth; the sum of 0.5 per cent shall be paid daily to the breeders' association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of the animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as their commission; provided further, that the running horse racing meeting licensee and the appropriate horseman's association representing the horse owners racing at that race track shall contract between themselves a percentage of not less than 4 per cent and not more than 7.5 per cent of the remaining percentages to be paid to the horse owners.
Section 5A. (a) Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks, and a sum equal to 1 per cent of the exotic wagering pool into the trust fund known as the Standardbred Horse Capital Improvements Trust Fund under the direction and supervision of the state racing board members.
Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the such breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any one harness horse, also known as a straight wager, and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks and less an amount not to exceed 26 per cent of the total amount so deposited.
The licensee shall pay to the board on behalf of the commonwealth on the day following each day of simulcasting a sum equal to 0.375 per cent; a sum equal to 0.25 per cent to the breeders association of the most recent live performance at the guest track for the purpose of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to 5 per cent shall be paid to the horse owners for purses at the host track in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to 5.875 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 7.5 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the 19 per cent withheld from the straight wager as provided in this section.
The licensee shall pay to the board on behalf of the commonwealth on the day following each day of simulcasting a sum equal to 0.375 per cent; a sum equal to 0.75 per cent to the breeders association of the most recent live racing performance at the guest track for the purpose of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to 6 per cent to be paid to the horse owners at the host track for purses in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to 6.875 per cent shall be paid to the racing meeting licensee at the host track; a sum equal to 11 per cent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the 26 per cent withheld from the exotic wager pool as provided in this section.
(b) Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the total sum of such breaks into the trust fund known as the Standardbred Horse Capital Improvement Trust Fund under the direction and supervision of the state racing board members.
Each licensee shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that, from the total of the percentages withheld, the sum of 0.375 per cent shall be paid daily to the board on behalf of the commonwealth; the sum of 1 per cent of the exotic wagering pool shall be paid daily to the Standardbred Horse Capital Improvement Trust Fund under the direction and supervision of the state racing board members; the sums of 0.25 per cent of the straight wagering pool and 0.75 per cent of the exotic wagering pool shall be paid daily to the breeders' association of the most recent live racing performance at the guest track for the purposes of promoting the breeding of the animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as their commission; provided, however, that the harness horse racing meeting licensee and the appropriate horseman's association representing the horse owners racing at the race track shall contract between themselves a percentage of not less than 4 per cent and not more than 7.5 per cent of the remaining percentages to be paid to the horse owners.
Section 6. (a) If a new running horse racing meeting licensee should replace the existing running horse meeting licensee during any point in a calendar year and a new contract is not agreed upon between the new running horse meeting licensee and the horseman's association before the start of the next racing season, then the last signed, executed and completed contract between the previous running horse racing meeting licensee and the horseman's association shall remain in effect for the racing season only or until a new contract is agreed upon.
(b) If a new harness horse racing meeting licensee should replace the existing harness horse meeting licensee during any point in a calendar year and a new contract between the new harness horse meeting licensee and the horseman's association is not agreed upon before the start of the next racing season, then the last signed, executed and completed contract between the previous harness horse racing meeting licensee and the horseman's association shall remain in effect for the racing season only or until a new contract is agreed upon
Section 7. Notwithstanding section 2, a running horse racing meeting licensee, excluding a licensee in Berkshire county, which is conducting running horse racing meetings in connection with a state or county fair, may, with the permission of the board and subject to the approval of the city council and mayor or board of selectmen and town meeting of a city or town where the fair is located, and following a demonstration by said licensee of its ability to complete no less than 50 per cent of the live races performances approved by the board, simulcast unlimited thoroughbred horse races and the intrastate live races of the racing meeting licensees in the commonwealth on any day if such simulcast is conducted in connection with a state or county fair, for wagering purposes or otherwise, from pari-mutuel wagering facilities located within the commonwealth except in Berkshire county; but, if the board determines that a licensee cannot conduct 50 per cent of live racing performances due to weather conditions, race track conditions, strikes, work stoppages, sickness or quarantine not within the control of the licensee, the board may permit the licensee to continue simulcasting on that day despite the stoppage of the performances for said reasons. The total number of days of simulcast at the state or county fair, which is licensed by the board for live running horse racing meetings, shall not exceed the total number of days the live racing licensee is licensed to operate or 15 days, whichever is less. The licensee shall simulcast its live racing performances and receive a fee therefor of 11 per cent; provided, however, that said simulcast shall not be considered a live in-state racing performance for purposes of the fourth paragraph of section 2.
The racing meeting licensees conducting running horse racing meetings in connection with a state or county fair and simulcasting a live running horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks and a sum equal to 0.125 per cent into the host track trust fund known as the Running Horse Capital Improvements Trust Fund, under the direction and supervision of the state racing board members.
The board shall promulgate rules and regulations for the simulcast of pari-mutuel races in connection with state or county fairs.
Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by the patrons wagering on the speed or ability of any one running horse, also known as a straight wager, and, each such licensee shall return to winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also called an exotic wager, all sums so deposited as an award or dividend, less the breaks, and less an amount not to exceed 26 per cent of the total amount so deposited; provided, however, that a sum equal to 0.25 per cent of the total amount deposited on said exotic wagering pool shall be payable to the division of fairs of the commonwealth; provided, further, that the division of fairs may expend such funds without further appropriation and for such purposes as authorized under the provisions of paragraph (f) of section 2 of chapter 128; and provided, further, that such expenditures by the division of fairs shall not exceed $50,000 in any fiscal year.
The licensee shall pay to the board on behalf of the commonwealth on the day following each day of simulcasting, a sum equal to 0.375 per cent; a sum equal to 0.5 per cent to the breeders' association of the most recent live racing performance at the host track for the purposes of promoting the breeding of such animals in the commonwealth pursuant to law; a sum equal to 5 per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26 per cent withheld to the horse owners at the host track for the purses in accordance with the rules and established customs of conducting running horse racing meetings.
The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track; and 8.75 per cent of the straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners, of the most recent live racing performance at the host track, for purses, said percentages to be paid from the 19 per cent and 26 per cent withheld as provided in this section.
All simulcasts shall comply with the provisions of the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3001 et seq. or other applicable federal law; provided, however, that all simulcasts from states which have racing associations that do not require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen's Benevolent and Protective Association, or other entity deemed appropriate by the board, prior to being simulcast to any racing meeting licensee within the commonwealth; provided further, that if the association agrees to approve such simulcast for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.
Section 8. (a) Each gaming licensee within the commonwealth acting as a guest track and simulcasting a live running or harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers a sum equal to 0.125 per cent and the total sum of the breaks into the trust fund of the most recent live performance at the guest track under the direction and supervision of the state racing board members.
Each such gaming licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less such breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any one running horse, also known as a straight wager, and, each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks, and less an amount not to exceed 26 per cent of the total amount so deposited.
The licensee shall pay to the board on behalf of the commonwealth on the day following each day of simulcasting, a sum equal to 0.375 per cent; a sum equal to 0.5 per cent to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding in the commonwealth under law; a sum equal to 5 per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26 per cent withheld to the horse owners at the host track for purses in accordance with the rules and established customs of conducting running horse racing meetings or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations; said percentage to be paid from the 19 per cent and the 26 per cent withheld, as provided in this section.
The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track; 8.75 per cent of the straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the gaming licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations, said percentages to be paid from the 19 per cent and 26 per cent withheld as provided in this section.
(b) Each gaming licensee within the commonwealth acting as a guest track and simulcasting a live running or harness horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the sum of 0.125 per cent and the total sum of the such breaks into the trust fund of the most recent live performance at the guest track under the direction and supervision of the state racing board members.
Each licensee shall return to the winning patrons all sums so deposited less the breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that, from the total of the percentages withheld, the sum of 0.375 per cent shall be paid daily to the board on behalf of the commonwealth; the sum of 0.5 per cent shall be paid daily to the breeders' association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of the animals in the commonwealth under law; and the remaining percentages shall be retained by the gaming licensee as their commission; provided further, that the gaming licensee and the appropriate horseman's association representing the horse owners racing at the host race track shall contract between themselves a percentage of not less than 4 per cent and not more than 7.5 per cent of the remaining percentages to be paid to the horse owners.
Section 9. (a) Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track from outside the commonwealth shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed 19 per cent of the total amount so deposited or an amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that a sum equal to 0.375 per cent of the total amount wagered shall be paid daily to the board on behalf of the commonwealth; a sum equal to 0.5 per cent of the total amount wagered shall be paid to the Capital Improvement Trust Fund of the racing meeting licensee acting as a guest track under the direction and supervision of the state racing board members; and the remaining percentages shall be retained by the racing meeting licensee as their commission; provided, however, that not less than 3.5 per cent shall be paid to the purses of the racing meeting licensee acting as a guest track, and the remaining portion shall be applied to the expenses as the racing meeting licensee is required to pay under contracts negotiated with the host track.
(b) Each gaming licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track from outside the commonwealth shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed 19 per cent of the total amount so deposited or an amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that a sum equal to 0.375 per cent of the total amount wagered shall be paid daily to the board on behalf of the commonwealth; a sum equal to 0.5 per cent of the total amount wagered shall be paid to the Race Horse Development Fund under the direction and supervision of the board members; and the remaining percentages shall be retained by the gaming licensee as their commission; provided, however, that not less than 3.5 per cent shall be paid to for school aid to cities, towns, regional school districts, counties maintaining agricultural schools, independent vocational schools and independent agricultural and technical schools to be distributed under chapters 70 and 76 of the General Laws and section 3, and the remaining portion shall be applied to the expenses as the gaming licensee is required to pay under contracts negotiated with the host track.
Section 10. (a) The board may license an advance deposit wagering hub operator to conduct advance deposit wagering. The board shall impose an initial non-refundable application fee which of $2,500 which shall be paid by each applicant for such license or renewal thereof. Advance deposit wagering is prohibited and illegal unless it is conducted through an advance deposit wagering hub operator licensed by the board.
(b) A licensed advance deposit wagering hub operator:
(1) may only accept advance deposit wagering money for races conducted in compliance with the interstate horse racing act or by a licensed race meet;
(2) may not accept a wager in an amount in excess of the money on deposit in the account of a person who wishes to make the wager;
(3) may not rebate any money to a bettor based on a wager made under this chapter or chapter 23K ¼;
(4) may not allow a person under 18 years of age to open an account with the advance deposit wagering hub operator, make a wager from an account, or otherwise have access to an account;
(5) shall include a statement in any of its advertising for advance deposit wagering that a person under 18 years of age is not allowed to participate;
(6) shall verify the identification, residence, and age of each person seeking to open an advance deposit wagering account which shall not be assignable or otherwise transferable;
(7) shall utilize personal identification numbers and such other technologies as the board may specify to assure that only the account holder has access to the advance deposit wagering account;
(8) may require a minimum balance in an account, which the board shall prescribe by regulation;
(9) shall utilize appropriate totalizator and accounting controls to safeguard the transmission of wagering data, and keep a system of accounts to maintain a separate record of revenues and an accounting of costs relative to the operation of the hub operator;
(10) shall agree to pay to the board a source market fee in an amount equal to a percentage of the total amount wagered by Massachusetts residents from their accounts with the advance deposit wagering hub operator; and
(11) shall agree to a payment schedule of source market fees on or before the fifth business day of each month covering payments due for the period of the preceding calendar month.
(c) A licensed advance deposit wagering hub operator shall pay a source market fee equal to 5 per cent on each wager accepted from Massachusetts residents. Of the amounts collected under this subsection:
(1) 4 per cent shall be payable to for school aid to cities, towns, regional school districts, counties maintaining agricultural schools, independent vocational schools and independent agricultural and technical schools to be distributed under chapters 70 and 76 of the General Laws and section 3;
(2) 6 per cent shall be payable to the Race Horse Development Fund;
(3) 10 per cent shall be payable to the General Fund; and
(4) 80 per cent shall be payable to live race meet licensees based on each live race meet licensee's percentage of the total annual on-track pari-mutuel handle during the previous live race season. Prior to the beginning of each year's live race season, the correct percentage must be distributed by the board to each live race meet licensee to be used for race purses or other purposes that the board considers appropriate for the good of the horseracing industry; provided, however, that a minimum of 20 per cent shall be dedicated to race purses.
(d) Wagers placed with the operators shall result in the combination of all wagers placed with such operators with the wagering pools at the host track so as to produce common pari-mutuel betting pools for the calculation of odds and the determination of payouts from such pools, which payout shall be the same for all winning tickets, irrespective of whether a wager is placed at a host track or at an advance deposit wagering hub operator in compliance with this chapter and chapter 23K ¼.
(e) Each licensee shall, with respect to each betting account established with such licensee, make tax withholdings and provide tax and revenue reporting, all as otherwise required for wagers placed at a racing meeting licensee.
(f) The balance in any betting account maintained by a person licensed under this section, which account has been inactive for a period of 3 years, shall be presumed to be abandoned and paid to the state treasurer under the provisions of chapter 200A.
(g) The licensee may refuse to establish or maintain a betting account and may refuse deposits to any such account if the licensee deems such refusal appropriate; provided, however, that such licensee shall not establish or maintain a betting account for any person who has been banned or prohibited from entering the premises of a racing meeting licensee or gaming establishment in the commonwealth. The licensee may suspend or close any account at any time; provided, however, that the licensee shall return to the account holder any funds that are on deposit in the account at the time it is closed.
(h) No race shall be telecast live to a public location outside of a guest track if used in conjunction with the operation of the account wagering system in a manner that creates an off-track betting center. This section prohibits any contract or other agreement of a person licensed to conduct a running horse or harness horse racing meeting that facilitates or encourages off-track betting as well as any arrangement involving dedicated or direct telephone lines or other electronic connections between the licensee's facility and a public location outside the area of the licensee's facility at which live telecasts of races are presented. This section shall not prohibit television display of races at public locations when account wagering is incidental to the presentation of such races and the telecasting does not occur in conjunction with the operation of an off-track betting center within the commonwealth.
(i) Betting accounts authorized by this section shall be established, maintained and operated in accordance with rules and regulations promulgated by the board. The board shall conduct annual audits of each advance deposit wagering hub operator within 90 days of the end of each calendar year with respect to all monies attributable to account wagers. The board shall report the findings of each such audit within 30 days of the completion of the audit to the house and senate chairs of the joint committee on consumer protection and professional licensure.
(j) A licensee failing to comply with this section shall be punished by a fine of not more than $10,000 or by imprisonment in the house of correction for not more than two years, or both. A licensee failing to comply with the requirements of the section shall also be subject to revocation of their license and civil penalties imposed by the board of not more than $10,000 if, after notice and a hearing, the board finds that a violation has occurred.
Section 11. (a) The board shall have full power to promulgate rules, regulations, and conditions under which all running horse, harness horse, or greyhound racing simulcasts and simulcast and advance deposit wagers shall be conducted in the commonwealth.
(b) Notwithstanding the provisions of this section, the board may adopt emergency rules or regulations to protect the health or safety of the public, participants, or animals, or to insure the integrity of racing and pari-mutuel and advance deposit wagering; provided, however, that no emergency rule or regulation shall attempt to regulate the dates, manner of wagering, or economic terms or conditions of racing within the commonwealth; provided, further, that such emergency rules and regulations shall expire within 90 days of their promulgation.
SECTION 14. Section 2 of chapter 128 of the General Laws, as so appearing, is hereby amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) Promote, develop and encourage through the Massachusetts Thoroughbred Breeding Program, the breeding of thoroughbred horses in the commonwealth by offering cash prizes to breeders of such horses in the following manner: in consultation with the Massachusetts Gaming Commission, the Massachusetts Thoroughbred Breeders Association, Inc. shall, from time to time, after discussion with the chair of the state racing board, set the percentages for: (i) bonuses to be awarded to the breeder of a Massachusetts-bred thoroughbred horse of the purse money won by such thoroughbred horse in a pari-mutuel running horse race if such horse finishes first, second, third, fourth or fifth; (ii) incentives to the owner of the stallion, at the time of service to the dam of such purse winner; provided, however, that (A) the stallion shall have been registered by February 1 and stood the entire breeding season for that year in the commonwealth; (B) the horse shall have finished first, second, third, fourth or fifth; and (C) the stallion shall be registered with the Massachusetts Thoroughbred Breeders Association, Inc. and shall not be registered to stand in any other state that year; and (iii) incentives for the purse monies won by such thoroughbred horse in any unrestricted or restricted pari-mutuel running horse race held within or outside the commonwealth to the owner of a Massachusetts-bred or accredited horse if such horse finishes first, second, third, fourth or fifth.
The Massachusetts Thoroughbred Breeders Association, Inc. may pay incentives for races to be limited to Massachusetts-bred and accredited thoroughbred race horses from the Massachusetts thoroughbred breeding program at licensed pari-mutuel race meetings authorized by the state racing board and after discussion with the chair of said board, and to pay cash incentives to encourage breeding in Massachusetts. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. Purse monies paid by the association under this section may be in such amounts as the association shall determine and may be the sole cash purse for such races or may be supplemental to the cash purses established by the licensee; provided, however, that such discretion shall include the discretion to set an overall cap on awards earned.
No person shall be eligible for the prizes provided herein unless the following standards are met:
(i)(1) The foal of a thoroughbred mare that drops such foal in the commonwealth and is bred back to a Massachusetts-registered stallion; or (2) the foal of a thoroughbred mare who resides in the commonwealth continuously for at least 90 days, including foaling and foals in the commonwealth, shall be a Massachusetts-bred; or
(ii) Any foal that is raised in the commonwealth for 3 months continuously prior to December 31 of its two-year old year shall be a Massachusetts-accredited horse; and
(iii) Each thoroughbred foal dropped or raised in the commonwealth shall be registered with the Jockey Club, the Massachusetts Gaming Commission, and the Massachusetts Thoroughbred Breeders Association, Inc.; and
(iv) Prior to the first day of September of each year, each person standing a thoroughbred stallion in the commonwealth at either private or public service shall file with the Massachusetts Thoroughbred Breeders Association, Inc.: (A) a list of all thoroughbred mares bred to such stallion in that year; and (B) a verified statement representing that said stallion stood the entire breeding season in the commonwealth.
A Massachusetts-accredited thoroughbred shall be eligible for any Massachusetts bred race, except for Massachusetts restricted stakes races. For Massachusetts bred stake races, Massachusetts-accredited horses may enter to fill the race after all Massachusetts-bred horses have already been entered in the race. A full race shall be determined by Massachusetts Thoroughbred Breeders Association, Inc. and the hosting track for the race.
Prior to the first day of September annually, each person raising a weanling or yearling in the commonwealth for six months prior to December 31 of the horse’s two-year old year shall file with the Massachusetts Thoroughbred Breeders Association, Inc. a verified statement that it is raising the horse in the commonwealth and the location of the horse.
The Massachusetts Thoroughbred Breeders Association, Inc. may pay foaling bonuses to the owner of any mare that foals within the commonwealth. To be eligible for such bonus, prior to foaling, the owner of such mare shall file with the Massachusetts Thoroughbred Breeders Association, Inc. a verified statement that the mare is in foal, the expected due date and the location of the mare.
The Massachusetts Thoroughbred Breeders Association, Inc. may expend up to 12 per cent of the amount received each fiscal year for the program for advertising, marketing, promotion, and administration of the thoroughbred breeding program in the commonwealth.
The state auditor shall twice annually audit the books of the Massachusetts Thoroughbred Breeders Association Inc., to ensure compliance with this section.
SECTION 15. Said section 2 of said chapter 128 of the General Laws, as so appearing, is hereby further amended by striking out subsection (j) and inserting in place thereof the following subsection:-
(j) Promote, develop and encourage, through the Massachusetts Standardbred Breeding Program, the breeding of standardbred horses in the commonwealth by offering cash prizes to breeders of such horses. The representative organization of standardbred breeders and owners approved by the state racing board shall, from time to time in consultation with the chair of the racing board and the commissioner of the department of food and agriculture, set the percentages for purses to be awarded to the breeder of a Massachusetts standardbred horse.
The representative organization of standardbred breeders and owners approved by the state racing commission may pay cash purses and stallion awards for stakes races limited to Massachusetts bred standardbred race horses and qualified Massachusetts stallions from the Massachusetts standardbred breeding program at licensed pari-mutuel racing meetings authorized by the state racing board. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. All races for the standardbred breeding program shall be held at a licensed pari-mutuel facility. Purse monies and stallion awards paid by the representative organization of standardbred breeders and owners approved by the state racing commission may be paid in such amounts as the representative organization shall determine and may be either the sole cash purse for such races or may be supplemental to the cash purses established by the licensee of the pari-mutuel facility.
The standardbred horses eligible to participate in the purses provided herein shall be limited to those of racing ages 2 and 3 and shall have met the following requirements:
(1) the qualifying standardbred horses shall have been sired by a Massachusetts registered stallion on file with the department of food and agriculture; provided, however, that the stallion shall have stood the entire breeding season of February 1 to July 15, inclusive, in the commonwealth in the year any such eligible foal was conceived; or
(2) the foal of a standardbred mare that drops the foal in the commonwealth and is bred back to a Massachusetts registered stallion; or the foal of a standardbred mare that resides in the commonwealth from December 1 of the year prior to foaling and continues such residence until foaling and foals in the commonwealth;
(3) in either the case of subparagraph (1) or (2), each standardbred foal dropped in the commonwealth shall be registered with the United States Trotting Association and the department of food and agriculture.
Prior to October 1 of each year, each breeder standing a standardbred stallion in the commonwealth at either private or public service shall file with the department of food and agriculture a list of all standardbred mares bred to such stallion in that year and a verified statement representing that the stallion stood the entire breeding season in the commonwealth.
The representative organization may expend up to 8 per cent of the amount received each fiscal year for the program for advertising, marketing, promotion and administration of the standardbred breeding program in the commonwealth.
The state auditor shall annually audit the books of the qualified organization to ensure compliance with this subsection.
SECTION 16. Section 17A of chapter 271 of the General Laws, as amended by section 18 of chapter 173 of the acts of 2022,, is hereby further amended by striking out the words “section 5C of chapter 128A”, and inserting in place thereof the following words:- section 10 of chapter 23K ½.
SECTION 16A. The first paragraph of section 12A of chapter 494 of the acts of 1978 is hereby amended by striking out the words “and until July 31, 2023”, inserted by section 1 of chapter 128 of the acts of 2022, and inserting in place thereof the following words:- and until July 31, 2024.
SECTION 16B. The first paragraph of section 12A of chapter 494 of the acts of 1978 is hereby amended by striking out the words “and until July 31, 2023”, inserted by section 1 of chapter 128 of the acts of 2022, and inserting in place thereof the following words:- and until July 31, 2024.
SECTION 17. Section 12A of chapter 494 of the acts of 1978 is hereby repealed.
SECTION 17A. The introductory paragraph of section 13 of said chapter 494 is hereby amended by striking out the words “and until July 31, 2023”, inserted by section 3 of said chapter 128, and inserting in place thereof the following words:- and until July 31, 2024.
SECTION 18. Section 13 of said chapter 494 of the acts of 1978 is hereby repealed.
SECTION 18A. Section 15 of said chapter 494 is hereby amended by striking out the words “and until July 31, 2023”, inserted by section 4 of said chapter 128, and inserting in place thereof the following words:- and until July 31, 2024.
SECTION 19. Section 15 of said chapter 494 of the acts of 1978 is hereby repealed.
SECTION 19A. The first paragraph of section 9 of chapter 277 of the acts of 1986 is hereby amended by striking out the words “and until July 31, 2023”, inserted by section 5 of said chapter 128, and inserting in place thereof the following words:- and until July 31, 2024.
SECTION 20. Section 9 of chapter 277 of the acts of 1986 is hereby repealed.
SECTION 20A. The first sentence of the first paragraph of section 3 of chapter 114 of the acts of 1991 is hereby amended by striking out the words “and until July 31, 2023”, inserted by section 6 of said chapter 128, and inserting in place thereof the following words:- and until July 31, 2024.
SECTION 20B. The last paragraph of said section 3 of said chapter 114 is hereby amended by striking out the words “July 31, 2023”, inserted by section 7 of said chapter 128, and inserting in place thereof the following words:- July 31, 2024.
SECTION 20C. The first paragraph of section 4 of said chapter 114 is hereby amended by striking out the words “and until July 31, 2023”, inserted by section 8 of said chapter 128, and inserting in place thereof the following words:- and until July 31, 2024.
SECTION 20D. The last paragraph of said section 4 of said chapter 114 is hereby amended by striking out the words “July 31, 2023”, inserted by section 9 of said chapter 128, and inserting in place thereof the following words:- July 31, 2024.
SECTION 20E. The first paragraph of section 5 of said chapter 114 is hereby amended by striking out the words “and until July 31, 2023”, inserted by section 10 of said chapter 128, and inserting in place thereof the following words:- and until July 31, 2024.
SECTION 21. Sections 3 through 5, inclusive, of chapter 114 of the actions of 1991 are hereby repealed.
SECTION 21A. Section 45 of chapter 139 of the acts of 2001 is hereby amended by striking out the words “July 31, 2023”, inserted by section 11 of said chapter 128, and inserting in place thereof the following words:- July 31, 2024.
SECTION 21B. Section 20 of chapter 449 of the acts of 2006 is hereby amended by striking out the words “July 31, 2023”, inserted by section 12 of said chapter 128, and inserting in place thereof the following words:- July 31, 2024.
SECTION 21C. Section 92 of chapter 194 of the acts of 2011 is hereby amended by striking out the words “July 31, 2023”, inserted by section 13 of said chapter 128, and inserting in place thereof the following words:- July 31, 2024.
SECTION 21D. Section 112 of said chapter 194 is hereby amended by striking out the words “July 31, 2023”, inserted by section 14 of said chapter 128, and inserting in place thereof the following words:- July 31, 2024.
SECTION 22. Section 92 of chapter 194 of the acts of 2011 is hereby repealed.
SECTION 22A. Section 74 of chapter 10 of the acts of 2015 is hereby amended by striking out the words “July 31, 2023”, inserted by section 15 of said chapter 128, and inserting in place thereof the following words:- July 31, 2024.
SECTION 23. Section 17 of chapter 128 of the acts of 2022 is hereby repealed.
SECTION 24. (a) Notwithstanding the live racing takeout structure under subsection (c) of section 9 of chapter 23K ¼ of the General Laws or the simulcast racing takeout structures under sections 5, 5A and 9 of chapter 23K ½, for not more than 5 years, a new running race horse meeting licensee conducting a running horse racing meeting shall return to the winning patrons wagering on the speed or ability of any one running horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any one running horse; and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks and less an amount not to exceed 26 per cent of the total amount deposited. Such licensee shall:
(1) pay to the board on the day following each day of such running horse racing meeting a sum equal to 0.75 per cent of the total amount deposited on the preceding day by patrons so wagering at the meeting, the percentage to be paid from the 19 per cent or 26 per cent withheld, as provided in this section, from the total amount wagered;
(2) pay to the Massachusetts Thoroughbred Breeders Association, Inc. on the day following each day of such running horse racing meeting a sum equal to 1 per cent of the total amount deposited by the patrons, less the breaks, and taken from the 19 per cent withheld and from the 26 per cent withheld from exotic wagers, the monies to be used for the purposes of subsection (g) of section 2 of chapter 128;
(3) allocate from the total amount deposited daily by the patrons wagering at the meeting a sum equal to 8.5 per cent from the 19 per cent withheld and a sum equal to 9.5 per cent from the 26 per cent withheld from the exotic wagers to be used solely for the payment of purses to the horse owners in accordance with the rules and established customs of conducting running horse racing meetings and, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations, and the monies shall be in addition to monies deposited into a separate purse account as simulcast premiums received pursuant to section 2 of chapter 23K ½;
(4) pay to Tufts University School of Veterinary Medicine on the day following each day of such running horse racing meeting a sum equal to 0.5 per cent of the total amount deposited by the patrons, less the breaks, from the 26 per cent withheld from exotic wagers, to be used for equine research scholarships and loans.
Each such licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the 19 or 26 per cent withheld as provided in this section from the total amounts wagered less the amounts required to be paid under clauses (1) to (6), inclusive.
(b) Each such licensee acting as a guest track and simulcasting a live running or harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers a sum equal to 0.125 per cent and the total sum of the breaks into the trust fund of the most recent live performance at the guest track under the direction and supervision of the state racing board members.
Each such licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less such breaks and less an amount not to exceed 19 per cent of the total amount so deposited by patrons wagering on the speed or ability of any one running horse, also known as a straight wager, and, each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks, and less an amount not to exceed 26 per cent of the total amount so deposited.
The licensee shall pay to the board on behalf of the commonwealth on the day following each day of simulcasting, a sum equal to 0.375 per cent; a sum equal to 0.5 per cent to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding in the commonwealth under law; a sum equal to 5 per cent to be paid from the 19 per cent withheld and a sum of 6 per cent to be paid from the 26 per cent withheld to the horse owners at the host track for purses in accordance with the rules and established customs of conducting running horse racing meetings or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations; said percentage to be paid from the 19 per cent and the 26 per cent withheld, as provided in this section.
The sum of 4.25 per cent of the straight wagering pool and 7 per cent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track; 8.75 per cent of the straight wagering pool and 11.75 per cent of the exotic wagering pool shall be retained by the licensee at the guest track; provided, however, that not less than 3.5 per cent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses or, with the approval of the appropriate horsemen's association representing the horse owners racing at that meeting, for payment of administrative and horseracing operations, said percentages to be paid from the 19 per cent and 26 per cent withheld as provided in this section.
(c) Each such licensee acting as a guest track and simulcasting a live running or harness horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the sum of 0.125 per cent and the total sum of the such breaks into the trust fund of the most recent live performance at the guest track under the direction and supervision of the state racing board members.
Each licensee shall return to the winning patrons all sums so deposited less the breaks and less either an amount not to exceed 19 per cent of the straight wagering pool and 26 per cent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over the host track; provided, however, that, from the total of the percentages withheld, the sum of 0.375 per cent shall be paid daily to the board on behalf of the commonwealth; the sum of 0.5 per cent shall be paid daily to the breeders' association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of the animals in the commonwealth under law; and the remaining percentages shall be retained by the licensee as their commission.
(d) Each such licensee acting as a guest track and simulcasting a live greyhound race from a host track from outside the commonwealth shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed 19 per cent of the total amount so deposited or an amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that a sum equal to 0.375 per cent of the total amount wagered shall be paid daily to the board on behalf of the commonwealth; and the remaining percentages shall be retained by the racing meeting licensee as their commission; provided, however, that not less than 3.5 per cent shall be paid to the purses of the racing meeting licensee acting as a guest track, and the remaining portion shall be applied to the expenses as the racing meeting licensee is required to pay under contracts negotiated with the host track.
SECTION 25. (a) Notwithstanding any general or special law to the contrary, the harness race horse meeting licensee located in Norfolk county licensed to conduct live racing under chapter 128A and simulcast wagering under chapter 128C in calendar year 2020 shall not be subject to the provisions of section 5 of chapter 23K ¼ except for at any time that said licensee ceases live racing operations at the licensee’s location.
(b) The state racing board shall convert said licensee’s live racing license issued under chapter 128A to a live racing license issued under chapter 23K ¼, and shall convert said licensee’s simulcast wagering license issued under chapter 128C to a simulcast wagering license issued under chapter 23K ½ for the remaining duration of time as such chapter 128A and 128C licenses, respectively.
SECTION 26. (a) Notwithstanding any general or special law to the contrary, as of the effective date of this section, no person shall be required to pay any money into the Running Horse Capital Improvements Trust Fund and the Running Horse Promotional Trust Fund, each established pursuant to section 11 of chapter 494 of the acts of 1978, or into the Harness Horse Capital Improvement Trust Fund and the Harness Horse Promotional Trust Fund, each established pursuant to section 12 of said chapter 494, or into the Greyhound Capital Improvements Trust Fund and the Greyhound Promotional Trust Fund, each established pursuant to section 12A of said chapter 494, all of which funds are referred to in this section as the “Racing Trust Funds.” Any funds that were previously paid into the Racing Trust Funds and had not been expended prior to the effective date of this section shall be paid by the state racing board, without condition or restriction and within 30 days of the effectiveness of this section, to the Race Horse Development Fund established under section 60 of chapter 23K.
(b) Once all funds in a Racing Trust Fund shall have been so paid, the Racing Trust Funds shall be dissolved.
(There is no SECTION 27)
SECTION 28. Notwithstanding chapter 23K ¼ of the General Laws and sections 1, 2 and 7 of chapter 23K ½ of the General Laws or any other general or special law, rule or regulation to the contrary, the greyhound meeting licensee located in Bristol county and the greyhound meeting licensee located in Suffolk county licensed to conduct live racing under chapter 128A and simulcast wagering under chapter 128C in calendar year 2009, may be authorized by the state racing board to conduct simulcast wagering under said chapter 23K ½ until July 31, 2025; provided, however, that the days between January 1 and December 31 of each year shall be dark days under said chapter 23K ½ and the licensees shall continue to be precluded from conducting live racing during that period and as provided in chapter 388 of the acts of 2008; provided further, that simulcasts shall be subject to section 7 of chapter 23K; provided further, that all simulcasts shall comply with the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3001 et seq. or other applicable federal law; provided further, that all simulcasts from states which have racing associations that do not require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.S.C. Sec. 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen's Benevolent & Protective Association, or other entity deemed appropriate by the board, prior to being simulcast to a racing meeting licensee within the commonwealth; and provided further, that if the association agrees to approve the simulcast for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.
SECTION 28A. Notwithstanding section 2 of chapter 128A of the General Laws and sections 1, 2, 2A and 4 of chapter 128C of the General Laws or any other general or special law to the contrary, the running race horse meeting licensee located in Suffolk county licensed to conduct live racing pursuant to said chapter 128A and simulcast wagering pursuant to said chapter 128C in calendar year 2023 shall remain licensed as a running horse racing meeting licensee until July 31, 2024 and shall remain authorized to conduct simulcast wagering pursuant to said chapter 128C until July 31, 2024; provided, however, that the days between the effective date of this act and July 31, 2023 shall be dark days pursuant to said chapter 128C and the licensee shall be precluded from conducting live racing during that period unless it applies for and is granted a supplemental live racing license pursuant to said chapter 128A; provided further, that all simulcasts shall comply with the Interstate Horse Racing Act of 1978, 15 U.S.C. 3001 et seq. or other applicable federal law; provided further, that all simulcasts from states which have racing associations that do not require approval in compliance with the Interstate Horse Racing Act of 1978, 15 U.S.C. 3004(a)(1)(A) shall require the approval of the New England Horsemen’s Benevolent & Protective Association prior to being simulcast to a racing meeting licensee within the commonwealth; and provided further, that if the association agrees to approve the simulcast for 1 racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.
SECTION 29. Section 14 is hereby repealed.
SECTION 30. Section 29 shall take effect 6 years after the issuance of a new running race horse license by the state racing board.
SECTION 31. Notwithstanding any general or special law or rule or regulation to the contrary, any general and special laws outside of this Act, licenses, authorizations or approvals relative to horse or dog racing, simulcasting or wagering thereof in effect on or before July 31, 2024 are hereby repealed after affirmative review by the state racing board.
SECTION 31A. Sections 16A, 16B, 17A, 18A, 19A, 20A, 20B, 20C, 20D, 20E, 21A, 21B, 21C, 21D, 22A, 23 and 28A shall take effect on July 30, 2023.
SECTION 32. Except as otherwise specified, this act shall take effect on August 1, 2024.
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[{'Action': 'Redraft', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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Resolve establishing a special education funding reform commission
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S241
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SD271
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:53:36.897'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:53:36.8966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:39:00.85'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S241/DocumentHistoryActions
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Resolve
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By Ms. Comerford, a petition (accompanied by resolve, Senate, No. 241) of Joanne M. Comerford that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to special education funding reform. Education.
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Resolved, there shall be a Special Education Financing Commission to review the Commonwealth’s system for financing special education and make recommendations for a more equitable system that provides adequate funding to local school districts to meet the costs of providing high quality education to students with disabilities.
The commission’s review shall evaluate the commonwealth’s current special education financing structure and make recommendations to achieve the following goals:
(1) special education funds shall be sufficient to allow all schools to provide a high quality education in the least restrictive environment that meets the unique needs of each eligible student;
(2) special education funds provided to school districts shall recognize the variation in the resources that are required to provide students with different disabilities a high quality education;
(3) districts with more students receiving special education services shall equitably receive more state special education assistance funding than districts with fewer students receiving special education services;
(4) districts with less local resources shall equitably receive more state special education assistance funding than districts with more local resources;
(5) special education funds shall be relatively predictable and stable to enable school districts to budget effectively and implement multi-year plans;
(6) the special education funding system shall promote the efficient use of funds without incentivizing the under or misdiagnosis of students with disabilities;
(7) the special education funding system shall promote flexibility and innovation in providing high quality education;
(8) the special education funding system shall limit local financial responsibility for providing education to students with extraordinary needs; and
(9) the special education funding system shall provide sufficient funds to meet the costs of transportation of special education students.
In carrying out the review, the commissioner of elementary and secondary education shall provide to the commission any data and information relevant to the commission’s charge. The commissioner of elementary and secondary education shall furnish reasonable staff and other support for the work of the commission.
Prior to issuing its recommendations, the commission shall conduct not fewer than 4 public hearings across regions of the commonwealth.
The commission shall include the house and senate chairs of the joint committee on education, who shall serve as co-chairs, the governor or a designee, the secretary of education, the commissioner of elementary and secondary education, the commissioner of early education and care, the director of the Massachusetts office on disability, the speaker of the house of representatives or a designee, the president of the senate or a designee, the minority leader of the house of representatives or a designee, the minority leader of the senate or a designee, the chair of the house committee on ways and means or a designee, the chair of the senate committee on ways and means or a designee, the house and senate chairs of the joint committee on children, families and persons with disabilities, and 1 member to be appointed by each of the following organizations: the Massachusetts Municipal Association, Inc., the Massachusetts Business Alliance for Education, Inc., the Massachusetts Association of School Committees, Inc., the Massachusetts Association of School Superintendents, Inc., the Massachusetts Teachers Association, the American Federation of Teachers Massachusetts, the Massachusetts Association of Vocational Administrators, Inc., the Massachusetts Association of Regional Schools, Inc., Massachusetts Advocates for Children, Federation for Children with Special Needs, ARC of Mass, and the Parent Professional Advocacy League of Massachusetts. Members shall not receive compensation for their services but may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission.
It shall not constitute a violation of chapter 268A of the General Laws for a person employed by a school district to serve on the commission or to participate in commission deliberations that may have a financial impact on the district employing that person or on the rate at which that person may be compensated. The commission may establish procedures to ensure that no such person participates in commission deliberations that may directly affect the school districts employing those persons or that may directly affect the rate at which those persons are compensated.
The commission shall file its report on or before June 30, 2024. A copy of the report and recommendations shall be made publicly available on the website of the department of elementary and secondary education and submitted to the joint committee on education, the joint committee on children, families and persons with disabilities, and the house and senate committees on ways and means.
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An Act further regulating thoroughbred breeding
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S2410
| null | 193
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{'Id': 'J17', 'Name': 'Joint Committee on Consumer Protection and Professional Licensure', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17', 'ResponseDate': '2023-06-24T11:56:15.123'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:51:03.3566667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-18T17:09:27.4166667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-30T11:11:10.09'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2410/DocumentHistoryActions
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Bill
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Senate, June 29, 2023 -- The committee on Consumer Protection and Professional Licensure, to whom was referred the petitions (accompanied by bill, Senate, No. 167) of Paul R. Feeney and James K. Hawkins for legislation to further regulate thoroughbred breeding; and (accompanied by bill, House, No. 269) of Tackey Chan further regulating thoroughbred breeding, reports the accompanying bill (Senate, No. 2410).
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Section 2 of Chapter 128 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) Promote, develop and encourage through the Massachusetts thoroughbred breeding program, the breeding of thoroughbred horses in the commonwealth by offering cash prizes to breeders of such horses in the following manner: in consultation with the Massachusetts Gaming Commission, the Massachusetts Thoroughbred Breeders Association, Inc. shall, from time to time after discussion with the director of racing, set the percentages for: (i) bonuses to be awarded to the breeder of a Massachusetts-bred thoroughbred horse of the purse money won by that thoroughbred horse in a pari-mutuel running horse race if the horse finishes first, second, third, fourth or fifth; (ii) incentives to the owner of the stallion, at the time of service to the dam of such purse winner; provided, however, that (1) the stallion shall have been registered by February 1 and stood the entire breeding season for that year in the commonwealth; (2) the horse shall have finished first, second, third, fourth or fifth; and (3) the stallion shall be registered with the Massachusetts Thoroughbred Breeders Association, Inc. and shall not be registered to stand in any other state that year; and (iii) incentives for the purse monies won by the thoroughbred horse in any unrestricted or restricted pari-mutuel running horse race held within or outside the commonwealth to the owner of a Massachusetts-bred or accredited horse if the horse finishes first, second, third, fourth or fifth.
The Massachusetts Thoroughbred Breeders Association, Inc. may pay incentives for races to be limited to Massachusetts-bred and accredited thoroughbred race horses from the Massachusetts thoroughbred breeding program at licensed pari-mutuel race meetings authorized by the Massachusetts gaming commission and after discussion with the division of racing, and to pay cash incentives to encourage breeding in the commonwealth. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. Purse monies paid by the association under this section may be in such amounts as the association shall determine and may be the sole cash purse for such races or may be supplemental to the cash purses established by the licensee; provided, however, that such discretion shall include the discretion to set an overall cap on awards earned.
No person shall be eligible for the prizes provided herein unless the following standards are met:
(i)(1) The foal of a thoroughbred mare that drops the foal in the commonwealth and is bred back to a Massachusetts-registered stallion; or (2) the foal of a thoroughbred mare who resides in the commonwealth continuously for at least 90 days, including foaling and foals in the commonwealth, shall be a Massachusetts-bred; or
(ii) Any foal that is raised in the commonwealth for 3 months continuously prior to December 31 of its 2-year-old year shall be a Massachusetts-accredited horse; and
(iii) Each thoroughbred foal dropped or raised in the commonwealth shall be registered with the Jockey Club, the Massachusetts Gaming Commission, and the Massachusetts Thoroughbred Breeders Association, Inc.; and
(iv) Prior to the first day of September of each year, each person standing a thoroughbred stallion in the commonwealth at either private or public service shall file with the Massachusetts Thoroughbred Breeders Association, Inc.: (1) a list of all thoroughbred mares bred to such stallion in that year; and (2) a verified statement representing that the stallion stood the entire breeding season in the commonwealth.
A Massachusetts-accredited thoroughbred shall be eligible for any Massachusetts bred race, except for Massachusetts restricted stakes races. For Massachusetts bred stake races, Massachusetts accredited horses may enter to fill the race after all Massachusetts-bred horses have already been entered in the race. A full race shall be determined by the Massachusetts Thoroughbred Breeders Association, Inc. and the hosting track for the race.
Prior to the first day of September annually, each person raising a weanling or yearling in the commonwealth for 6 months prior to December 31 of the horse’s 2-year-old year shall file with the Massachusetts Thoroughbred Breeders Association, Inc. a verified statement that it is raising the horse in the commonwealth and the location of the horse.
The Massachusetts Thoroughbred Breeders Association, Inc. may pay foaling bonuses to the owner of any mare that foals within the commonwealth. To be eligible for such bonus, prior to foaling, the owner of a mare shall file with the Massachusetts Thoroughbred Breeders Association, Inc. a verified statement that the mare is in foal, the expected due date and the location of the mare.
The Massachusetts Thoroughbred Breeders Association, Inc. may expend up to 12 per cent of the amount received each fiscal year for the program for the advertising, marketing, promotion and administration of the thoroughbred breeding program in the commonwealth.
The state auditor shall twice annually audit the books of the Massachusetts Thoroughbred Breeders Association Inc. to ensure compliance with this section.
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[{'Action': 'Redraft', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act relative to lot rent abatement for veterans
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S2411
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SD2576
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-01T16:50:04.903'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-01T16:50:04.9033333'}, {'Id': None, 'Name': 'Robert Joseph Jaruse', 'Type': 3, 'Details': None, 'ResponseDate': '2023-03-01T17:04:49.1933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2411/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill) (subject to Joint Rule 12) of John F. Keenan and Robert Joseph Jaruse for legislation relative to lot rent abatement for veterans. Revenue.
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SECTION 1. Section 6 of chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subparagraph (2) of subsection (k)(1) the following paragraph:-
A tenant or owner of property located in the commonwealth, who is not a dependent of another taxpayer and who occupies said property as their principal residence, who would otherwise be eligible for a property tax exemption under clauses Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second D, Twenty-second E and Twenty-second F of section 5 of chapter 59 if the taxpayer had been assessed a property tax, shall be allowed a credit to the amount by which the lot rent payment for a manufactured home exceeds 10 per cent of the taxpayer's total income. The credit shall not exceed the exemption amount for equivalent eligible groups under clauses Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second D, Twenty-second E and Twenty-second F of section 5 of chapter 59.
SECTION 2. Section 6 of chapter 62 is further amended in subparagraph (2) by inserting after the words “rent constituting real estate tax payment” the following words:- “or the lot rent payment for a manufactured home”.
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}]
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