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An Act authorizing the city of New Bedford to grant a utility easement to the University of Massachusetts Dartmouth
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S2412
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SD2567
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-04-12T16:54:52.107'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-04-12T16:54:52.1066667'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-04-25T10:48:06.0833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2412/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill) (subject to Joint Rule 12) of Mark C. Montigny for legislation to authorize the city of New Bedford to grant a utility easement to the University of Massachusetts Dartmouth. State Administration and Regulatory Oversight. [Local Approval Received.]
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SECTION 1. The City of New Bedford may grant an easement to the University of Massachusetts Dartmouth for the purpose of installing and maintaining underground utilities under a portion of the land owned by the City at Fort Taber Park. The portion of the land over which an easement may be granted and under which utilities are installed is shown on the Utility as Built Plan entitled, “UMASS DARTMOUTH SMAST ii, 760 S. RODNEY FRENCH BLVD DARTMOUTH, MA,” prepared for Bond Brothers by Brennan Consulting and dated 03/09/2018.
SECTION 2. As a condition of granting the easement and allowing the installation and maintenance of underground utilities authorized by section 1 the University of Massachusetts Dartmouth shall restore the surface above the installed utilities, including all paths and other park infrastructure altered by the installation, and the land shall continue to be used for park purposes under Chapter 45 of the Massachusetts General Laws and Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
SECTION 3. This act shall take effect upon its passage.
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[]
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[{'Description': 'SD2567 -- New Bedford', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16455&title=SD2567%20--%20New%20Bedford'}]
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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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[]
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An Act relative to motor vehicle distributors
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S2413
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SD2647
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-06-07T11:27:05.613'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-06-07T11:27:05.6133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2413/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2413) (subject to Joint Rule 12) of Michael F. Rush for legislation relative to motor vehicle distributors. Transportation.
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Section 1. Section 5 of chapter 90 of the General Laws, as appearing in the most recent edition, is hereby amended by inserting in subsection (a) the following:-
(10) motor vehicle distributor.
Section 2. Section 5 of chapter 90 of the General Laws, as appearing in the most recent edition, is hereby amended by striking subsection (b) and inserting in place thereof the following:-
(b) No person shall be eligible for a general registration and general registration number plates unless said person holds the necessary license or permit required by any federal, state or local law for engaging in said occupation, if any, and provides truthful and complete information in the application for general registrations and number plates in the form prescribed by the registrar.
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[]
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[]
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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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[]
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An Act establishing a sick leave bank for Jason Barone-Cichocki, an employee of the Massachusetts Department of Transportation
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S2414
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SD2665
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-06-27T15:13:50.797'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-06-27T15:13:50.7966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2414/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 for legislation to establish a sick leave bank for Jason Barone-Cichocki, an employee of the Massachusetts Department of Transportation. Public Service.
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Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall establish a sick leave bank for Jason Barone-Cichocki, 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 Jason Barone-Cichocki. If Jason Barone-Cichocki 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 Massachusetts Department of Transportation, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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[]
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[]
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[{'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': []}]
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[]
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An Act changing the elected term for select board members from 1 year to 3 years in the town of Marblehead
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S2415
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SD2685
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-06-21T15:09:22.707'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-06-21T15:09:22.7066667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-07-10T15:42:18.9266667'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2415) of Brendan P. Crighton and Jennifer Balinsky Armini (by vote of the town) for legislation to change the elected term for select board members from 1 year to 3 years in the town of Marblehead. Municipalities and Regional Government. [Local approval received]
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SECTION 1. (a) Notwithstanding any general or special law, or by-law of ordinance to the contrary, the town of Marblehead shall implement the transition to 3-year staggered terms from a 1-year term for Marblehead select board members.
(b) The town shall implement the transition to 3-year staggered terms in the following manner. In the town election 1 year following the enactment of this act: (i) the 2 candidates who receive the highest number of votes shall each receive a 3-year term; (ii) the candidate with the 3rd highest number of votes shall receive a 2-year term; (iii) the candidate with the 4th highest number of votes shall receive a 2-year term; and (iv) the candidate with the 5th highest number of votes shall receive a 1-year term.
(c) All future terms for Marblehead select board members following the subsequent election 1 year following the enactment of the act shall be 3-year staggered terms.
SECTION 2. This act shall take effect upon its passage.
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[]
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[{'Description': 'S2415 -- Marblehead', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16851&title=S2415%20--%20Marblehead'}]
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[]
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[]
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An Act authorizing the appointment of special police officers in the town of Charlton
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S2416
| null | 193
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{'Id': 'J23', 'Name': 'Joint Committee on Public Service', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23', 'ResponseDate': '2023-07-10T12:21:41.387'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-17T12:27:15.5833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2416/DocumentHistoryActions
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Bill
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Senate, July 13, 2023 -- The committee on Public Service, to whom was referred the petition (accompanied by bill, Senate, No. 1653) of Ryan C. Fattman (by vote of the town) for legislation to authorize the appointment of special police officers in the town of Charlton, reports the accompanying bill (Senate, No. 2416).
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SECTION 1. The chief of police of the town of Charlton may appoint, if the chief deems necessary, former police officers who are retired for superannuation in good standing as special police officers for the purpose of performing police details or any other police duties arising from or during the course of police detail work, whether or not related to the detail work. Prior to appointment under this act, a special police officer shall pass a medical examination conducted by a physician or other certified professional chosen by the town to determine that the special police officer is capable of performing the essential duties of a special police officer, the cost of which shall be borne by the special police officer.
SECTION 2. Notwithstanding section 1 of chapter 32 of the General Laws or any other general or special law to the contrary, a special police officer appointed pursuant to this act shall not be subject to the maximum age restrictions applied to regular officers under chapter 32 of the General Laws; provided, however, that a special police officer appointed pursuant to this act shall not be eligible to serve as a special police officer upon reaching the age of 70.
SECTION 3. Special police officers appointed under this act shall be subject to the limitation on hours worked and other restrictions on earnings as provided in paragraph (b) of section 91 of chapter 32 of the General Laws.
SECTION 4. Special police officers shall be subject to the rules and regulations, policies, procedures and requirements of the chief of police of the town of Charlton including, but not limited to, restrictions on the type of detail assignments, requirements regarding medical examinations to determine continuing capability to perform the duties of a special police officer, requirements for training, requirements for firearms licensing and qualifications and requirements regarding uniforms and equipment. Such special police officers shall comply with all requirements of chapter 6E of the General Laws, including: (i) maintaining certification and good standing with the Massachusetts Peace Officer Standards and Training Commission; and (ii) complying with all annual in-service and other training requirements mandated by the municipal police training committee.
SECTION 5. This act shall take effect upon passage.
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[]
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[{'Description': 'Home Rule', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16926&title=Home%20Rule'}]
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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': []}]
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[]
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An Act authorizing the town of Nantucket to convey for roadway and any other purposes certain parcels of land within the roadway known as Ames Avenue, and shown as lots 35-38 (inclusive) in block 31 on land court plan no. 2408-m filed with the Nantucket registry district of the land court situated in the town of Nantucket held for conservation or recreational purposes to be conveyed for roadway and/or any purposes
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S2417
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SD2687
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-07-11T12:31:21.61'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-07-11T12:31:21.61'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-07-11T14:01:07.23'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2417/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2417) of Julian Cyr and Dylan A. Fernandes (by vote of the town) for legislation to authorize the town of Nantucket to convey for roadway and any other purposes certain parcels of land within the roadway known as Ames Avenue, and shown as lots 35-38 (inclusive) in block 31 on land court plan no. 2408-m filed with the Nantucket registry district of the land court situated in the town of Nantucket held for conservation or recreational purposes to be conveyed for roadway and/or any purposes. Municipalities and Regional Government. [Local approval received]
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SECTION 1. Pursuant to Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts and notwithstanding the provisions of any general or special law to the contrary, the town of Nantucket may transfer, sell, convey or otherwise dispose of all or portions of certain parcels of land situated in the town of Nantucket for roadway and/or any purposes described as Section 1. Pursuant to Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts and notwithstanding the provisions of any general or special law to the contrary, the town of Nantucket may transfer, sell, convey or otherwise dispose of all or portions of certain parcels of land situated in the town of Nantucket for roadway and/or any purposes described as Lots 35-38 (inclusive) in Block 31 on Land Court Plan 2408-M of the Nantucket County Land Court Registry and as shown on a map filed with the office of the town clerk.
SECTION 2. As a condition of any disposition pursuant to section 1, and to ensure no net loss of land subject to Article 97 of the amendments to the constitution of the Commonwealth, the town of Nantucket shall convey to the care, custody, management and control of the conservation commission, and dedicate for conservation and recreation purposes pursuant to Article 97, land of equal or greater acreage and natural resource value as the land so disposed.
SECTION 3. This act shall take effect upon its passage.
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[]
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[{'Description': 'S2417 -- Nantucket', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16856&title=S2417%20--%20Nantucket'}]
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[{'Action': 'Favorable with Changes', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J10', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J10'}, 'Votes': []}]
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[]
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An Act relative to the prevailing wage in the town of Wellfleet
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S2418
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SD2688
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-07-11T13:03:56.527'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-07-11T13:03:56.5266667'}, {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-07-11T14:01:17.5333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2418/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2418) of Julian Cyr and Sarah K. Peake (by vote of the town) for legislation relative to the prevailing wage in the town of Wellfleet. Labor and Workforce Development. [Local approval received]
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SECTION 1. Notwithstanding any general or special law to the contrary, the town of Wellfleet shall be exempt from complying with Sections 26 through 27G of Chapter 149 of the General Laws for projects estimated to cost $75,000 or less.
SECTION 2. This act shall take effect on the first day of the fiscal year following passage of this act and shall apply to taxes levied for fiscal years beginning that fiscal year and thereafter.
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[]
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[{'Description': 'S2418 -- WellFleet Wage', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16857&title=S2418%20--%20WellFleet%20Wage'}]
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[]
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[]
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An Act authorizing the town of Wellfleet to establish a real estate transfer fee
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S2419
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SD2689
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-07-11T13:09:38.807'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-07-11T13:09:38.8066667'}, {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-07-11T14:01:23.04'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2419/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2419) of Julian Cyr and Sarah K. Peake (by vote of the town) for legislation to authorize the town of Wellfleet to establish a real estate transfer fee. Revenue. [Local approval received]
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SECTION 1. For purposes of this act, the words and phrases set forth in this section shall have the following meanings:-
"Purchaser", shall refer to the transferee, grantee or recipient of any real property interest.
"Purchase price", all consideration paid or transferred by or on behalf of a purchaser to a seller or his nominee, or for his benefit, for the transfer of any real property interest, and shall include, but not be limited to, all cash or its equivalent so paid or transferred; all cash or other property paid or transferred by or on behalf of the purchaser to discharge or reduce any obligation of the seller; the principal amount of all notes or their equivalent, or other deferred payments, given or promised to be given by or on behalf of the purchaser to the seller or his nominee; the outstanding balance of all obligations of the seller which are assumed by the purchaser or to which the real property interest transferred remains subject after the transfer, determined at the time of transfer, but excluding real estate taxes and other municipal liens or assessments which are not overdue at the time of transfer; the fair market value, at the time of transfer, of any other consideration or thing of value paid or transferred by or on behalf of the purchaser, including, but not limited to, any property, goods or services paid, transferred or rendered in exchange for such real property interest.
"Real property interest", shall refer to any present or future legal or equitable interest in or to real property, and any beneficial interest therein, including the interest of any beneficiary in a trust which holds any legal or equitable interest in real property, the interest of a partner or member in a partnership or limited liability company, the interest of a stockholder in a corporation, the interest of a holder of an option to purchase real property, the interest of a buyer or seller under a contract for purchase and sale of real property, and the transferable development rights created under chapter 183A of the General Laws; but shall not include any interest which is limited to any of the following: the dominant estate in any easement or right of way; the right to enforce any restriction; any estate at will or at sufferance; any estate for years having a term of less than 30 years; any reversionary right, condition, or right of entry for condition broken; and the interest of a mortgagee or other secured party in any mortgage or security agreement.
"Seller", shall refer to the transferor, grantor or immediate former owner of any real property interest.
“Seasonal” shall be defined as a period commencing April 1 of each calendar year and termination November 30 of the same calendar year.
"Time of transfer" of any real property interest shall mean the time at which such transfer is legally effective as between the parties thereto, and, in any event, with respect to a transfer evidenced by an instrument recorded with the appropriate registry of deeds or filed with the assistant recorder of the appropriate registry district, not later than the time of such recording or filing.
"Town" shall refer to the town of Wellfleet acting by and through its Selectboard.
SECTION 2. There is hereby imposed a Real Estate Transfer Fee equal to (A.) fee in the amount of one (1) percent of said purchase price shall be due and payable by the seller; and (B.) a fee in the amount of one (1) percent of said purchase price shall be due and payable by the purchaser upon the transfer of any real property interest in any real property situated in the town of Wellfleet. Said fee shall be the liability of the buyer and seller of such property interest, and any agreement between the purchaser and the seller or any other person with reference to the allocation of the responsibility for bearing said fee shall not affect such liability of the purchaser. The fee shall be paid to the town of Wellfleet. The first $50,000 collected in each fiscal year shall be deposited in the town’s Capital Improvement Stabilization Fund. The remaining funds collected each fiscal year shall be deposited into the Wellfleet Affordable Housing Trust.
SECTION 3. The following transfers of real property interests shall be exempt from the Real Estate Transfer Fee:
A. First-time homebuyers who live in the home for at least five (5) years. A lien shall accompany the deed stating that “There is running with the land a lien equal to the amount of fee exempted, plus accumulated interest and penalties until such time as all conditions of this sub-section are met.”
B. Transfers to the Government of the U.S., The Commonwealth, the town of Wellfleet and any of their instrumentality's agencies or sub-divisions, such as the Wellfleet Housing Authority and The Wellfleet Housing Trust.
C. Transfers made without additional consideration to confirm, correct, modify or supplement a transfer previously made.
D. Transfers of convenience with consideration under $100.00 which include: name change, into trusts, out of trust, etc.
E. Transfers to any charitable organization as defined in Clause Third of Section Five of Chapter 59 of the General Laws or any religious organization providing that the real property interests so transferred will be held solely for public charitable or religious purposes.
F. Transfers between immediate family members, marriage partners, parents and children, grandchildren, step-parents and step-children, brothers and sisters, or beneficiaries of an estate.
G. 120% of the previous fiscal year’s median single-family home assessed value as assessed by the Wellfleet Town Assessor. This exemption shall not apply to properties occupiable on a seasonal basis only. This exemption shall not apply to properties with a sale price above $2,000,000.
SECTION 4.
A. The fee imposed shall be due at the time of the transfer of the real property interest.
B. The buyer shall pay interest on any unpaid amount of the fee at the rate the town collects on unpaid Real Estate Taxes.
C. The town shall notify a buyer by Registered or Certified Mail of any failure to discharge the amount in full of fee due.
E. The fee shall be paid to the Wellfleet, or its designee, and shall be accompanied by a copy of the deed or other instrument evidencing such transfer, if any, and an affidavit signed under oath or under the pains and penalties of perjury by the purchaser or his legal representative and the seller or his legal representative, attesting to the true and complete purchase price and the basis, if any, upon which the transfer is claimed to be exempt in whole or in part from the fee imposed hereby. The town, or its designee, shall promptly thereafter execute and issue a certificate indicating that the appropriate fee has been paid or that the transfer is exempt from the fee, stating the basis for the exemption. The register of deeds for Barnstable County, and the assistant recorder for the registry district of Barnstable County, shall neither record nor register, or receive or accept for recording or registration, any deed, except a mortgage deed, to which has not been affixed such a certificate executed by the town or its designee. The town is authorized to provide for the collection and securing a lien of any outstanding transfer fee. The town shall have such remedies to collect said amount as provided by law with respect to the collection of real property taxes. Failure to comply with this requirement shall not affect the validity of any instrument.
SECTION 5. Annual Report. The town shall prepare and issue an annual report that (i) identifies fee receipts by payer category and unit type; and (ii) quantifies housing programs funded, including type and purpose.
SECTION 6. Severance Clause. The determination or declaration that any provision of this act is beyond the authority of the General Court or is preempted by law or regulation shall not affect the validity or enforceability of any other provisions.
SECTION 7. This Act shall take effect on passage.
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[]
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[{'Description': 'S2419 -- Wellfleet Transfer Fee', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16858&title=S2419%20--%20Wellfleet%20Transfer%20Fee'}]
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[]
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[]
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An Act establishing a Green and Healthy Schools working group and implementation plan
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S242
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SD314
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T17:43:38.327'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T17:43:38.3266667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-27T12:20:06.27'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S242/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 242) of Joanne M. Comerford and Mindy Domb for legislation to establish a green and healthy schools working group and implementation plan. Education.
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The department of public health shall convene an interagency working group on Green and Healthy Schools for the Coming Decades. The working group shall advise commonwealth agencies, local officials, school districts, parents and the public concerning steps to assure that all schools provide students with a healthy environment that is conducive to learning, protects safety and public health, and efficiently uses energy and natural resources.
The working group shall (i) advise the department of public health on the implementation of section 83 of chapter 179 of the acts of 2022, including factors to be included in the assessment under said section; and (ii) recommend a plan for implementing and enforcing green and healthy school standards for cost-effective renovation and rehabilitation of existing school buildings and for new school building construction for all schools by 2050. The plan shall include a recommended division of responsibility among state agencies for implementation and enforcement of the plan, and a designated agency to take overall management responsibility for implementing the plan. The plan shall include 5-year benchmarks and implementation milestones, and shall include procedures for publicly reporting and assessing progress towards achieving the benchmarks for each 5-year period.
The working group shall include representatives of the department of public health, Massachusetts School Building Authority, the department of elementary and secondary education, the department of energy resources and other agencies of the commonwealth designated by the department of public health. The working group shall consult with groups representing educators and school administrators, parents, municipalities, architects, experts in school health and energy efficiency, and others with expertise or interest in their work. Not later than 1 year after the effective date of this section, the working group shall hold no less than 2 public listening sessions in separate regions of the commonwealth to receive public opinion on the matters before the working group.
Following the filing of the report by the department of public health under subsection (b) of said section 83, the department of public health, Massachusetts School Building Authority, the department of elementary and secondary education, and the department of energy resources shall implement and enforce standards as recommended by the working group for the green and healthy renovation and rehabilitation of existing school buildings and for new school building construction for all schools by 2050.
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An Act authorizing the town of Wellfleet to acquire year-round housing occupancy restrictions
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S2420
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SD2690
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-07-11T13:15:27.837'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-07-11T13:15:27.8366667'}, {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-07-11T14:01:28.78'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2420/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2420) of Julian Cyr and Sarah K. Peake (by vote of the town) for legislation to authorize the town of Wellfleet to acquire year-round housing occupancy restrictions. Housing. [Local approval received]
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SECTION 1. As used in this Act the following words shall, unless a different meaning clearly appears from the context, have the following meanings:-
"Selectboard" – the duly elected Selectboard of the town of Wellfleet.
"Town" – the town of Wellfleet
"Year-Round Housing Occupancy Restriction" – is a right, either in perpetuity or for a specified number of years, whether or not stated in the form of a restriction, easement, covenant, condition in any deed, mortgage, will, agreement or other instrument executed by or on behalf of the owner of the land appropriate to (a) limiting the use of all or part of the land to residential housing occupancy by persons or families who occupy either rental or ownership housing as their primary residence for not less than 11 months during any 1-year period, or (b) in any way limiting or restricting the use or enjoyment of all or any portion of the land for the purpose of encouraging or assuring creation or retention of rental and ownership housing for occupancy to persons or families who occupy either rental or ownership housing as their primary residence for not less than 11 months during any 1-year period.
SECTION 2. Notwithstanding any special or general law to the contrary in the Commonwealth, an authorized municipal board or agency approved by the Selectboard, may acquire a year-round housing occupancy restriction for rental or ownership housing.
SECTION 3. The year-round housing occupancy restriction shall be recorded with the Barnstable County Registry of Deeds, or if on registered land, filed with the Barnstable Registry District of the Land Court, and contain a description of the land upon which the restriction is to be imposed provided it specifies that the land lies in the town and is shown on a recorded or registered plan in the Barnstable County Registry of Deeds or the Barnstable Registry District of the Land Court, gives the boundaries of the land by metes and bounds, with reference to said plan or instrument and if the land is registered, specifies the certificate or certificates of title thereof. The restriction imposed shall run with the title of the land on which it is imposed.
SECTION 4. The acquisition of a year-round housing occupancy restriction must be approved by a vote of the Selectboard prior to its acquisition.
SECTION 5. The year-round housing occupancy restriction may be enforced by the holder of the restriction, by injunction or other proceeding, and shall entitle representatives of the holder to enter the land in a reasonable manner and at reasonable times to assure compliance. If the court in any judicial enforcement proceeding, or the decision maker in any arbitration or other alternative dispute resolution enforcement proceeding, finds that there has been a violation of the restriction then, in addition to any other relief ordered, the petitioner bringing the action or proceeding may be awarded reasonable attorneys’ fees and costs incurred in the action proceeding. The restriction may be released, in whole or in part, by the holder for consideration, if any as the holder may determine, in the same manner as the holder may dispose of land or other interests in land, but only after a public hearing upon reasonable public notice, by the Selectboard, whose approval shall be required. The release of the restriction must be recorded or registered in the Barnstable County Registry of Deeds or the Barnstable Registry District of the Land Court, as applicable to its acquisition.
SECTION 6. Acceptance of the restrictions and releases shall be evidenced by certificates of approval or release and executed by the holder of the restriction and the Selectboard, and duly recorded or registered.
SECTION 7. This act shall take effect upon its passage.
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[{'Description': 'S2420 -- Wellfleet Year-Round Housing', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16859&title=S2420%20--%20Wellfleet%20Year-Round%20Housing'}]
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An Act expanding the exemption for residential property in the town of Wellfleet
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S2421
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SD2691
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-07-11T13:22:11.08'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-07-11T13:22:11.08'}, {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-07-11T14:01:30.83'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2421/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2421) of Julian Cyr and Sarah K. Peake (by vote of the town) for legislation to expand the exemption for residential property in the town of Wellfleet. Revenue. [Local approval received]
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SECTION 1. Notwithstanding section 5C of chapter 59 of the General Laws or any other general or special law to the contrary, with respect to each parcel of real property classified as class one residential in the town of Wellfleet as certified by the commissioner of revenue to be assessed all local property at its full and fair cash valuation, and with the approval of the Selectboard, there shall be an exemption equal to not more than 35 per cent of the average assessed value of all class one residential parcels within the town of Wellfleet, or such other maximum percentage as may be established from time to time by the General Court; provided, however, that the exemption shall be applied only to: (i) the principal residence of the taxpayer as used by the taxpayer for income tax purposes; or (ii) a residential parcel occupied by a resident of the town of Wellfleet, other than the taxpayer, occupied on a year-round basis and used as the resident's principal residence for income tax purposes. The town of Wellfleet may adopt and amend criteria to determine who qualifies as a resident under this act. This exemption shall be in addition to any exemptions allowed under section 5 of said chapter 59; provided, however, that the taxable valuation of the property, after all applicable exemptions, shall not be reduced to below 10% of its full and fair cash valuation, except through the applicability of clause eighteenth of said section 5 of said chapter 59. Where, under the provisions of said section 5 of said chapter 59, the exemption is based upon an amount of tax rather than on valuation, the reduction of taxable valuation for the purposes of the preceding sentence shall be computed by dividing the amount of tax by the residential class tax rate of the town of Wellfleet and multiplying the result by $1,000. For the purposes of this paragraph, "parcel" shall mean a unit of real property as defined by the board of assessors of the town of Wellfleet in accordance with the deed for the property and shall include a condominium unit.
SECTION 2. A taxpayer aggrieved by the failure to receive the residential exemption authorized under this act may apply for the residential exemption to the Board of Assessors of the town of Wellfleet in writing on a form approved by the board of assessors, on or before the deadline for an application for exemption under section 59 of said chapter 59. For the purposes of this act, a timely application filed under this section shall be treated as a timely filed application pursuant to section 59 of chapter 59 of the General Laws.
SECTION 3. This act shall take effect on the first day of the fiscal year following passage of this act and shall apply to taxes levied for fiscal years beginning that fiscal year and thereafter.
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[{'Description': 'S2421 -- Wellfleet Property Exemption', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16860&title=S2421%20--%20Wellfleet%20Property%20Exemption'}]
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An Act changing the board of selectmen in the town of East Bridgewater to a select board
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S2422
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SD2692
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-07-11T14:22:21.64'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-07-11T14:22:21.64'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-07-12T10:26:12.2766667'}, {'Id': 'AMS2', 'Name': 'Alyson M. Sullivan-Almeida', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMS2', 'ResponseDate': '2023-07-12T10:26:12.2766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2422/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 2422) of Michael D. Brady, Gerard J. Cassidy and Alyson M. Sullivan-Almeida (by vote of the town) for legislation to change the board of selectmen in the town of East Bridgewater to a select board. Municipalities and Regional Government. [Local approval received]
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SECTION 1. Notwithstanding any general or special law to the contrary, the executive body in the town of East Bridgewater, previously known as the board of selectmen, shall be known as the select board and shall have all of the powers and duties of a board of selectmen under any general or special law, by-law of the town or rules and regulations applicable thereto.
SECTION 2. This act shall take effect upon its passage.
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[{'Description': 'S2422 -- East Bridgewater', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16867&title=S2422%20--%20East%20Bridgewater'}]
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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 amending the charter of the city of Westfield
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S2423
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SD2693
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-07-11T16:46:17.21'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-07-11T16:46:17.21'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-07-11T16:49:29.6'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2423/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2423) of John C. Velis and Kelly W. Pease (with approval of the mayor and city council) for legislation to amend the charter of the city of Westfield. Municipalities and Regional Government. [Local approval received]
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SECTION 1. That section 28 of chapter 294 of the acts of 1920, as most recently amended by Chapter 319 of the Acts of 2012, is hereby amended as follows:
1. Add : Charter Amendment Processes
(a) The city may amend the charter following any process allowed by Massachusetts General Law.
(b) If the City Council chooses to amend the charter using a Special Act, the following process must be followed:
i. The City Council President shall appoint an Ad-hoc Charter Amendment Committee to manage the charter amendment process.
ii. The City Council shall create a working document entitled “Proposed Charter” which will incorporate the approved amendments into the version of the Charter that existed prior to the appointment of the Ad-hoc Charter Committee. The Proposed Charter shall be an internal working document until it is approved for submission as a special act in accordance with paragraph (f) below.
iii. Proposed amendment topics shall be submitted by motion to the city council and referred to the Ad-hoc Charter Committee by majority vote.
iv. The Ad-hoc Charter Committee, or the City Council, shall hold at least one public hearing for each topic. The public hearing(s) may include multiple topics, but each topic will be presented separately. The public may ask questions of fact, and express opinions in-favor or against each proposal.
v. The topics shall be investigated and deliberated by the Ad-hoc Charter Committee. The Ad-hoc Charter Committee shall make recommendations to the city council. If there is a positive recommendation for an amendment, the amendment shall be presented to the full City Council in the form of a Resolution to amend the Proposed Charter. The City Council may approve the resolution to amend the Proposed Charter by two-thirds majority vote.
vi. When the amendment process is complete (as determined by the Ad-hoc Charter Committee), the Ad-hoc Charter Committee shall publicly post the Proposed Charter for no less than 10 days, and prepare a resolution to request a Special Act of the Legislature. The City Council may approve this resolution for a Special Act Charter by two-thirds majority vote. If the City Council does not approve this Special Act Charter request, the Ad-hoc Charter Committee may make further amendments and recommendations following the process defined above.
vii. The Mayor may approve or deny the Special Act request in accordance with Massachusetts General Law.
2. Amend Sections 21, 33, 35, and 39 by replacing the word “his” with “their”; and, Amend Sections 9, 37 and 39 by replacing the word “chairman” with Chairperson”.
3. (a) Delete the paragraph in Section 33 related to City Council Vacancies;
(b) Delete Section 44 related to School Committee Vacancies, and reserve the Section number for future use; and,
(c) Delete the following text from Section 9, Paragraph 6: “A vacancy of a member elected to the municipal light board by ward shall be filled by the municipal light board and the city council in the same manner that a vacancy on the school committee is filled in accordance with this Charter. A member of the municipal light board so elected shall serve until the members of the board elected as a result of the next city election are sworn into office. A vacancy of the member appointed by the mayor shall be filled as provided in section 10.”
(d) Add a new Section entitled “Vacancies on the City Council, School Committee, or Municipal Light Board” as follows: “If at any time during a term, a vacancy occurs on the City Council, School Committee, or Municipal Light Board from any cause, and there are more than 6 months until the next biennial preliminary election for the vacant seat, the City Council shall order a special election to fill the vacancy for the unexpired term. If there are 6 months or less until the next biennial preliminary election for the vacant seat, the vacancy shall not be filled. Vacancies on the City Council, School Committee or Municipal Light Board shall not change the number of affirmative votes required for majority or two-thirds majority.
4. Add the following to the end of the first paragraph of Section 15, Qualification for elective office; statement of candidacy: “No person shall return nomination papers for more than one (1) elected position for the City of Westfield and no person shall appear more than once on any municipal election ballot.
5. Delete Section 26 in its entirety and replace with the following:
Section 26A. Appearance before city council.
The city council may at any time request specific information on any municipal matter within the city council's jurisdiction from the mayor and may request the mayor's presence to answer written questions relating to such matter at a meeting to be held not earlier than 1 week after the mayor's receipt of such questions. The mayor shall personally, or through a head of a department or a member of a board, attend such meeting and publicly answer all such questions. The person so attending shall not be obligated to answer questions relating to any other matter. The mayor may attend and address the city council at any time, in person or through the head of a department or a member of a board, upon such subject as the mayor may desire.
Section 26B. Investigations by city council.
Upon a majority vote of the city council, the city council, or any committee thereof duly authorized by the city council, may investigate a financial transaction of any office or department of the city government, the official acts and conduct of any official and, by similar investigation, secure information upon any matter.
SECTION 2. This act shall take effect upon its passage.
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[{'Description': 'S2423 -- Westfield', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16870&title=S2423%20--%20Westfield'}]
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An Act authorizing the town of Scituate to appoint retired police officers as special police officers
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S2424
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-07-13T10:01:18.647'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-07-13T10:01:18.66'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2424/DocumentHistoryActions
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Bill
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Senate, July 13, 2023 -- Substituted as a new draft (Senator O'Connor) for the Senate Bill authorizing the town of Scituate to appoint retired police officers as special police officers (Senate, No. 1710).
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SECTION 1. The town administrator of the town of Scituate may appoint, as the town administrator deems necessary, retired Scituate Police Officers as special police officers to perform police details or any police duties arising therefrom or during the course of police detail work, whether or not related to the detail work. Special police officers appointed pursuant to this act shall not be subject to the maximum age restriction applied to regular police officers pursuant to chapter 32 of the General Laws or section 2 of chapter 415 of the acts of 1987 but shall be subject to a maximum age restriction of 70 years of age. Prior to appointment under this act, a special police officer shall pass a medical examination by a physician or other certified professional chosen by the town to determine that they are capable of performing the essential duties of a special police officer, the cost of which shall be borne by the special police officer. Retired police officers shall have previously served as regular, full-time police officers for the town of Scituate and voluntarily retired based upon superannuation in accordance with said chapter 32. A special police officer appointed under this act shall comply with all requirements of chapter 6E of the General Laws, including: (i) maintaining certification and good standing with the Massachusetts Peace Officer Standards and Training Commission; and (ii) complying with all annual in-service and other training requirements mandated by the municipal police training committee.
SECTION 2. Special police officers appointed pursuant this act shall not be subject to chapter 31 of the General Laws or section 99A of chapter 41 of the General Laws.
SECTION 3. Special police officers appointed pursuant to this act shall, when performing the duties under section 1, have the same power to make arrests and perform other police functions as regular police officers of the town of Scituate.
SECTION 4. Special police officers appointed pursuant to this act shall be appointed for an indefinite term, subject to removal by the town administrator at any time with 14 days’ written notice. Upon request, the town administrator shall provide the reasons for removal in writing.
SECTION 5. Special police officers appointed pursuant to this act shall also be subject to the rules and regulations, policies and procedures and requirements of the town administrator and the chief of police of the town of Scituate, including, but not limited to, restrictions on the type of detail assignments, requirements regarding medical examinations to determine continuing capability to perform the duties of a special police officer, requirements for training, requirements for firearms licensing and qualifications and requirements regarding uniforms and equipment. Special police officers shall not be subject to section 96B of chapter 41 of the General Laws.
SECTION 6. Special police officers appointed pursuant to this act shall be sworn in before the town clerk of the town of Scituate, who shall keep a record of all such appointments.
SECTION 7. Special police officers appointed pursuant this act shall be subject to sections 100 and 111F of chapter 41 of the General Laws. The amount payable pursuant to said section 111F of said chapter 41 shall be calculated by averaging the amount earned over the prior 52 weeks as a special police officer working police details or by averaging the amount over a lesser period of time for any officer designated as a special police officer less than 52 weeks prior to the incapacity. Payment pursuant to said section 111F of said chapter 41 shall not exceed, in any calendar year, the limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws. Payments pursuant to said section 111F of said chapter 41 shall terminate when a special police officer reaches the age of 65 years. Special police officers appointed pursuant to this act shall not be subject to section 85H of said chapter 32 nor shall be eligible for any benefits pursuant thereto.
SECTION 8. Appointment as a special police officer pursuant to this act shall not entitle any individual appointed as such to assignment to any detail.
SECTION 9. Retired Scituate police officers serving as special police officers under this act shall be subject to the limitations on hours worked and on payments to retired town employees pursuant to paragraph (b) of section 91 of chapter 32 of the General Laws.
SECTION 10. This act shall take effect upon its passage.
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[{'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 gender identity on Massachusetts identification
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S2425
| 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': '2023-07-24T14:39:10.4'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T19:07:15.8633333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-27T12:19:47.0966667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-29T12:31:36.0266667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:41:22.4033333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T19:21:33.42'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-09T17:34:00.3366667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T13:28:21.9733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T12:53:53.4766667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T14:44:10.0466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2425/DocumentHistoryActions
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Bill
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Senate, July 24, 2023 -- The committee on Senate Ways and Means, to whom was referred the Senate Bill relative to gender identity on Massachusetts identification (Senate, No. 2207),- reports, recommending that the same ought to pass with an amendment substituting a new draft with the same title (Senate, No. 2425).
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SECTION 1. Section 13 of chapter 46 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-
(e) (1) A person who is over the age of 18 or who is an emancipated minor, or the parent or guardian of a person who is a minor, may request a change in the sex designation on the person’s birth record to a sex designation including, but not limited to, “female”, “male” or “X”. An “X” designation may indicate that the person is another gender or an undesignated gender. A request for a change in the sex designation on a birth record shall be accompanied by an affidavit executed under the penalty of perjury by the person to whom the record relates, or by the parent or guardian of the person if the person is a minor, attesting that the request is to conform to the person’s gender identity and is not made for any fraudulent purpose; provided, however, that no medical or healthcare related documentation, court order or proof of change of name shall be required by a town clerk or other official in connection with a request under this paragraph.
(2) A person who is over the age of 18 or who is an emancipated minor, or the parent or guardian of a person who is a minor, who requests a change in, or who has previously changed, the sex designation on the person’s birth record pursuant to paragraph (1) may request a change of name on the person’s birth record. A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name; provided, however, that no medical or healthcare related documentation shall be required by a town clerk or other official in connection with a request under this paragraph.
(3) A person who is over the age of 18 or who is an emancipated minor, or the parent or guardian of a person who is a minor, who has changed the sex designation on the person’s birth record pursuant to paragraph (1) but did not request a change of name on the person’s birth record pursuant to paragraph (2) may request a change of name on the person’s birth record within 3 years from the date of the change in the sex designation on the person’s birth record pursuant to said paragraph (1); provided, however, that a person whose sex designation on their birth record was changed while the person was a minor shall have 3 years from the date of their eighteenth birthday to request a change of name on the person’s birth record. A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name; provided, however, that no medical or healthcare related documentation shall be required by a town clerk or other official in connection with a request under this paragraph.
(4) The department of public health may promulgate regulations to implement this subsection.
SECTION 2. Chapter 90 of the General Laws is hereby amended by inserting after section 8M the following section:-
Section 8N. The registry of motor vehicles shall permit a person submitting an application under sections 8, 8B or 8E of this chapter or section 34B of chapter 138 to designate “X”, “M” or “F” for gender on an application for a driver’s license, learner’s permit, identification card or liquor purchase identification card. No documentation shall be required for such a designation.
The registrar of motor vehicles shall report annually to the chairs of the joint committee on transportation on the number of people, indicated by race and ethnicity, who choose an “X” designation on their driver’s license, learner’s permit, identification card or liquor purchase identification card; provided, however, that data included in the report shall be de-identified so that the identification of an individual person cannot be ascertained.
The registrar of motor vehicles may promulgate regulations to implement this section.
SECTION 3. The secretary of administration and finance shall develop a plan, including estimated costs and a proposed timeline for implementation, to ensure that any state form or document issued by a state agency that requires an individual to indicate the individual’s gender shall provide an opportunity for the individual to choose a gender option other than male or female; provided, however, that the secretary shall ensure that such a form or document complies with applicable federal rules and regulations. The secretary shall submit the plan to the clerks of the senate and house of representatives and the senate and house committees on ways and means not later than January 1, 2025.
SECTION 4. Not later than 6 months after the effective date of this act, the registry of motor vehicles, the state secretary and any state agency that interacts with youth or young adults in their care or provides youth or young adults with legal assistance, including, but not limited to, the department of children and families, the department of youth services, the department of mental health and the committee for public counsel services, shall develop materials for dissemination to inform youth and young adults of the options regarding sex and gender designations on state forms and documents pursuant to this act and develop processes to assist youth and young adults who wish to change their gender designation.
SECTION 5. Section 1 shall take effect on July 1, 2024.
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[{'GeneralCourtNumber': 193, 'Branch': 'Senate', 'RollCallNumber': 57, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Branches/Senate/RollCalls/57'}]
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[{'AmendmentNumber': '1', 'ParentBillNumber': 'S2425', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2425/Branches/Senate/Amendments/1/'}, {'AmendmentNumber': '2', 'ParentBillNumber': 'S2425', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2425/Branches/Senate/Amendments/2/'}]
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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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S2426
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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': '2023-07-24T14:41:21.96'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2426/DocumentHistoryActions
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Bill
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SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2023, the sums set forth in section 2 are hereby appropriated from the General Fund, unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2023. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. Except as otherwise provided, these sums shall be made available through the fiscal year ending June 30, 2024.
SECTION 2.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves
1599-4448 Collective Bargaining Agreements $26,233,522
EXECUTIVE OFFICE OF EDUCATION
Department of Early Education and Care
3000-7040 EEC Contingency Contract Retained Revenue $200,000
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Public Health
4590-0915 DPH Hospital Operations $10,710,901
SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, an alteration of purpose for current appropriations and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund or the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2023. Except as otherwise stated, these sums shall be made available through the fiscal year ending June 30, 2024.
OFFICE OF THE COMPTROLLER
Office of the Comptroller
1595-4514 For an operating transfer to the Commonwealth’s Pension Liability Fund, established in subsection (e) of subdivision (8) of section 22 of chapter 32 of the General Laws $100,000,000
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves
1599-0012 For a reserve to support reimbursements for extraordinary relief to school districts pursuant to section 5A of chapter 71B of the General Laws and item 7061-0012; provided, that funds shall be made available for reimbursements in fiscal year 2024 to school districts that experience increases to instructional costs reimbursable under said section 5A of said chapter 71B and incurred such instructional costs during fiscal year 2024 that exceed 25 per cent of such instructional costs incurred during fiscal year 2023; provided further, that funds shall also be made available to reimburse districts in fiscal year 2024 for 100 per cent of any such instructional cost increases exceeding 5 per cent where the total of such increase also exceeds 0.5 per cent of total actual net school spending in fiscal year 2023; provided further, that funds paid from this provision in fiscal year 2024 will not be reimbursable in fiscal year 2025; and provided further, that the funds appropriated in this item shall not revert but shall be made available through June 30, 2025 and may be transferred to item 7061-0012 and expended subject to the conditions specified in said item in the general appropriations act for that year $75,000,000
1599-1101 For a reserve for the payroll of the department of transitional assistance’s caseworkers and other necessary staff to serve applicants and clients of the supplemental nutrition assistance, transitional aid to families with dependent children and emergency aid to the elderly, disabled and children programs; provided, that funds may be transferred to items 4400-1000 and 4400-1100; and provided further, that the funds appropriated in this item shall be made available through the year ending June 30, 2025 $60,300,000
1599-2301 For a reserve for costs associated with the settlement agreement in Spencer Tatum et al. v. Commonwealth of Massachusetts, Suffolk Superior Court C.A. No. 0984CV00576 $40,000,000
1599-2302 For a reserve to support mitigation costs associated with natural disasters that occurred in 2023; provided, that these funds may be used for mitigation costs related to farms impacted by such natural disasters; provided further, that funds in this item shall be administered by the executive office for administration and finance and the department of agricultural resources; provided further, that efforts shall be made to maximize available federal reimbursement for the purposes of this item; and provided further, that efforts shall be made to maximize opportunities for private contributions for the purposes of this item $20,000,000
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Office of the Secretary
2000-0120 For obligations of the commonwealth to neighboring states incurred pursuant to interstate compacts for flood control $506,140
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Office of the Secretary
4000-1111 For the distribution of funds for fiscally strained hospitals; provided, that up to $91,474,590 shall be distributed to hospitals eligible for the supplemental payment described in section 5.D.22 of the rate year 2023 acute hospital request for applications, available on COMMBUYS, the state procurement system, as bid number BD-23-1039-EHS01-EHS01-79493, as amended by amendment number 3 issued on April 13, 2023 by the office of Medicaid, and as may be further amended from time to time; provided further, that the executive office of health and human services shall disburse funds according to said section 5.D.22 and the terms of any payment agreement between the recipient hospital and the executive office; provided further, that not less than $58,525,410 shall be distributed to non-profit or municipal acute care hospitals licensed under section 51 of chapter 111 of the General Laws that are designated by the center for health information and analysis as non-specialty hospitals, and that had a Medicaid payer mix of not less than 24 per cent in fiscal year 2021 as calculated using data published by the center in May 2023 in its HFY2021 Massachusetts Hospital Profiles databook; provided further, that the executive office shall prioritize funds for hospitals demonstrating significant financial need based on: (i) the current liquidity position of the hospital or its associated hospital health system; (ii) the hospital’s total margin as reported in the center’s quarterly hospital financial performance report published April 2023; and (iii) any other data the executive office deems relevant, including the amount of previous state financial support provided to the hospital in response to the 2019 novel coronavirus pandemic; provided further, that not less than $30,000,000 shall be distributed by the executive office to acute care hospitals licensed under said section 51 of said chapter 111 that demonstrate significant financial need based on criteria established by the executive office; provided further, that, in creating its criteria, the executive office shall: (a) consider relative price index; and (b) prioritize hospitals designated by the center as community-high public payer hospitals that had a public payer mix of not less than 74 per cent in fiscal year 2021 calculated using data published by the center in May 2023 in its HFY2021 Massachusetts Hospital Profiles databook; provided further, that funds unexpended under the previous provisions of this item shall not revert to the General Fund but shall be redistributed by the executive office to acute care hospitals licensed under said section 51 of said chapter 111 that demonstrate significant financial need based on the criteria established by the executive office pursuant to the previous provision; and provided further, that a hospital shall only be eligible to receive funds through 1 of the 3 preceding sets of payment distribution criteria under this item $180,000,000
SECTION 2CI. For the purpose of making available in fiscal year 2024 balances of appropriations which otherwise would revert on June 30, 2023, the unexpended balances of the appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 126 of the acts of 2022. For items which do not appear in section 2 of the general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in said section 2 of said chapter 126; provided, however, that for items which do not appear in said section 2 of said chapter 126, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in sections 2 to 2E, inclusive, of this act or in prior appropriation acts. The sums reappropriated in this section shall be in addition to any amounts available for said purposes.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves
1599-0793 COVID Response Reserve $26,497,171
1599-9817 HCBS Reserve $152,454,518
SECTION 3. Subsection (d) of section 20 of chapter 25A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the word “(b)” and inserting in place thereof the following word:- (c).
SECTION 4. 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 5. The last paragraph of said section 12A of said chapter 494 is hereby amended by striking out the words “July 31, 2023”, inserted by section 2 of said chapter 128, and inserting in place thereof the following words:- July 31, 2024.
SECTION 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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 19. Item 1599-2051 of section 2A of chapter 102 of the acts of 2021 is hereby amended by striking out the words “June 30, 2023”, as inserted by section 45 of chapter 2 of the acts of 2023, and inserting in place thereof the following words:- June 30, 2027.
SECTION 20. Item 3000-7040 of section 2 of chapter 126 of the acts of 2022 is hereby amended by striking out the figure “$320,000”, each time it appears, and inserting in place thereof, in each instance, the following figure:- $520,000.
SECTION 21. Sections A1, 17 and 18 of chapter 128 of the acts of 2022 are hereby repealed.
SECTION 22. Section 68 of chapter 179 of the acts of 2022 is hereby amended by striking out the words “July 31, 2023” and inserting in place thereof the following words:- January 31, 2024.
SECTION 23. Subsection (d) of section 81 of said chapter 179 is hereby amended by striking out the figure “12” and inserting in place thereof the following figure:- 24.
SECTION 24. Subsection (a) of section 89 of said chapter 179 is hereby amended by striking out the words “180 days after the effective date of this act” and inserting in place thereof the following words:- July 1, 2024.
SECTION 25. The salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purposes of section 7 of chapter 150E of the General Laws:
(1) the agreement between the commonwealth of Massachusetts and the State Police Association of Massachusetts, Units 5A and C22;
(2) the agreement between the commonwealth of Massachusetts, the Alliance American Federation of State, County and Municipal Employees and the Service Employees International Union, Local 888, Unit 2;
(3) the agreement between the commonwealth of Massachusetts and the Service Employees International Union, Local 509, Units 8 and 10;
(4) the agreement between the commonwealth of Massachusetts and the Massachusetts Organization of State Engineers and Scientists, Unit 9;
(5) the agreement between the commonwealth of Massachusetts and the National Association of Government Employees, Units 1, 3 and 6;
(6) the agreement between the sheriff of Berkshire county and the Berkshire County Sheriff's Office Employees Association, Unit SB3;
(7) the agreement between the sheriff of Berkshire county and the International Brotherhood of Correctional Officers Local R1-297, Unit SB1;
(8) the agreement between the sheriff of Berkshire county and the Berkshire International Union of Electrical Workers – Communication Workers of America, Unit SB2;
(9) the agreement between the sheriff of Hampshire county and the Hampshire Sheriff’s Office Non-Uniform Correctional Association, Unit SH7;
(10) the agreement between the sheriff of Hampshire county and the Hampshire Sheriff's Office Treatment Association, Unit SH6;
(11) the agreement between the sheriff of Plymouth county and the Plymouth Superiors National Correctional Employees Union, Local 104, Unit SP1;
(12) the agreement between the Massachusetts State Lottery Commission and the Service Employees International Union, Local 888, Unit LT1;
(13) the agreement between the University of Massachusetts and the Massachusetts Society of Professors, MTA/NEA, Amherst Campus, Unit A50;
(14) the agreement between the University of Massachusetts and the Boston Public Safety Officers New England Police Benevolent Association L90, Unit B33;
(15) the agreement between the University of Massachusetts and the International Brotherhood of Teamsters, L25, Public Safety Lieutenants, Unit B3L;
(16) the agreement between the University of Massachusetts and the International Brotherhood of Teamsters, L25, Officers, Unit B3S;
(19) the agreement between the University of Massachusetts and the Head Coaches Professional Staff Union, MTA/NEA, Units C and B45;
(20) the agreement between the University of Massachusetts and the Boston Department Chairs Union, MTA/NEA, Unit B50;
(21) the agreement between the University of Massachusetts and the Non-Faculty - Maintenance & Trades MTA, Lowell Campus, Unit L93;
(22) the agreement between the University of Massachusetts and the Non-Faculty - Police Officers Teamsters L25, Lowell Campus, Unit L94;
(23) the agreement between the Essex North and South registry of deeds and the American Federation of State, County and Municipal Employees, Local 653, Unit SC3;
(24) the agreement between the sheriff of Suffolk county and the National Association of Government Employees, Local 298, Unit SS2;
(25) the agreement between the sheriff of Suffolk county and the American Federation of State, County and Municipal Employees/AFL-CIO, Council 93, Local RN, Unit SS3;
(26) the agreement between the sheriff of Suffolk county and the American Federation of State, County and Municipal Employees/AFL-CIO, Council 93, Local 3643, Unit SS5;
(27) the agreement between the sheriff of Franklin county and the National Correctional Employees Union, Local 106, Unit SF1;
(28) the agreement between the sheriff of Franklin county and the Franklin Sheriff’s Office Non-Unit Employer’s Association, Unit SF3;
(29) the agreement between the sheriff of Worcester county and the New England Police Benevolent Association, Local 275, Unit SW2;
(30) the agreement between the sheriff of Worcester county and the New England Police Benevolent Association, Local 515, Unit SW5;
(31) the agreement between the sheriff of Hampshire county and the Hampshire Sheriff’s Office Jail and House of Correction Supervisory Correctional Officers’ Association, Unit SH3;
(32) the agreement between the sheriff of Worcester county and the National Association of Government Employees, Local R1-255, Unit SW4;
(33) the agreement between the Massachusetts board of higher education and the Massachusetts Community College Council;
(34) the agreement between the trial court of the commonwealth and the National Association of Government Employees/Service Employees International Union, Local 5000, Units J2C and J2P;
(35) the agreement between the trial court of the commonwealth and the Office and Professional Employees International Union, Local 6, Units J6C and J6P;
(36) the agreement between the University of Massachusetts and the International Brotherhood of Police Officers, Local 432, Amherst Campus, Unit A06;
(37) the agreement between the University of Massachusetts and the Massachusetts Teachers Association/NEA Classified, Boston Campus, Units B31 and B32;
(38) the agreement between the University of Massachusetts and the Faculty Staff Union, Boston Campus, Unit B40;
(39) the agreement between the University of Massachusetts and the American Federation of Teachers, Local 6350, Dartmouth Campus, Unit D82;
(40) the agreement between the University of Massachusetts and the American Federation of State, County and Municipal Employees, Local 507, Dartmouth Campus, Unit D83;
(41) the agreement between the University of Massachusetts and the International Brotherhood of Police Officers, Local 399, Dartmouth Campus, Unit D84;
(42) the agreement between the University of Massachusetts and the Massachusetts Society of Professors, Lowell Campus, Unit L90;
(43) the agreement between the University of Massachusetts and the Service Employees International Union, Local 888, Lowell Campus, Unit L95;
(44) the agreement between the sheriff of Hampden county and the Non-Uniform Correctional Association, Unit SH2;
(45) the agreement between the sheriff of Hampden county and the Superior Correctional Officer Association, Unit SH3;
(46) the agreement between the sheriff of Norfolk county and the National Association of Government Employees, Local 202, Unit SN1;
(47) the agreement between the University of Massachusetts and the New England Police Benevolent Association, Local 190, Amherst Campus, Unit A07;
(48) the agreement between the University of Massachusetts and the American Federation of Teachers, AFL-CIO Faculty Federation, Local 1895 Dartmouth Campus, Units D80 and D81;
(49) the agreement between the University of Massachusetts and the Classified and Technical Union, Lowell Campus, Unit L92;
(50) the agreement between the sheriff of Essex county and National Correctional Employees Union, Local 121, Unit SE7;
(51) the agreement between the sheriff of Middlesex county and the New England Police Benevolent Association, Local 500, Unit SM5;
(52) the agreement between the Middlesex South registry of deeds and Office and Professional Employees International Union, Local 6;
(53) the agreement between the Worcester South registry of deeds and Office and Professional Employees International Union, Local 6;
(54) the agreement between the Hampden registry of deeds and Office and Professional Employees International Union, Local 6;
(55) the agreement between the Middlesex North registry of deeds and Office and Professional Employees International Union, Local 6;
(56) the agreement between the Berkshire Middle, North and South registry of deeds and the Service Employees International Union, Local 888;
(57) the agreement between the commonwealth and the National Association of Government Employees, Local R1-292, Units A and D01;
(58) the agreement between the commonwealth and the coalition of MassDOT Unions, Units D and D06; and
(59) the agreement between the sheriff of Plymouth county and Association of County Employees, Unit SP4.
SECTION 26. Notwithstanding section 2 of chapter 128A of the General Laws, sections 1, 2, 2A and 4 of chapter 128C of the General Laws and section 9 of said chapter 128C 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 and shall remain authorized to conduct simulcast wagering pursuant to said chapter 128C until July 31, 2024; provided, however, that the days between January 1, 2023 and December 31, 2024 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 the licensee shall not simulcast or accept a wager on greyhound dog racing on or after August 10, 2023 pursuant to section 9 of chapter 128C of the General Laws; 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 27. Notwithstanding any general or special law to the contrary, the department of public utilities may allow recovery by the electric distribution companies of transmission service agreement expenditures and payments associated with clean energy generation power purchase agreements previously approved by the department following a competitive solicitation and procurement conducted under section 83D of chapter 169 of the acts of 2008 in connection with a change in law in the state of Maine, subsequently causing suspension of development construction; provided, however, that if the department elects to allow such recovery, it shall allow recovery for such expenditures and payments that the department determines to be associated with the subsequent construction delay.
SECTION 28. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the court administrator of the trial court, may convey certain adjacent parcels of land in the city of Framingham acquired for the construction of a building for the first district court of southern Middlesex for nominal consideration to the city of Framingham; provided, however, that the commissioner shall not convey the parcels prior to: (i) the completion of a regional justice center at 121 Union avenue in the city of Framingham; and (ii) a determination by the commissioner, in consultation with the court administrator of the trial court, that the parcels are surplus to the needs of the trial court. The parcels are located at 600 and 602 Concord street in the city of Framingham and are described in deeds recorded in the Middlesex southern district registry of deeds in book 7816, page 107 and book 9859, page 328. The parcels shall be conveyed by deed without warranties or representations by the commonwealth and without restrictions on use or future conveyance by the city; provided, however, that the conveyance may be subject to such additional conditions and restrictions as the commissioner of capital asset management and maintenance, in consultation with the court administrator of the trial court, may determine. The commissioner may, in consultation with the court administrator of the trial court, determine the exact boundaries of the parcels prior to conveyance.
(b) Notwithstanding any general or special law to the contrary, if the city of Framingham elects to purchase the parcels pursuant to subsection (a), the city shall be responsible for all costs and expenses of any transactions authorized in this section as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation.
SECTION 29. Notwithstanding any general or special law to the contrary, items funded in this act, including appropriations in section 2A, shall be supported through the General Fund and the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, at the discretion of the secretary of administration and finance. Not later than September 30, 2023, the secretary shall, submit a report to the senate and house committees on ways and means detailing the source of revenue matched or expected to be matched to each item in this act.
SECTION 30. Notwithstanding section 23 of chapter 59 of the General Laws, section 31 of chapter 44 of the General Laws or any other general or special law to the contrary, a city or town may amortize over fiscal years 2025 to 2027, inclusive, in equal installments or more rapidly, the amount of its 2024 major disaster related deficit. The local appropriating authority, as defined in section 21C of said chapter 59, shall adopt a deficit amortization schedule in accordance with this section before setting the municipality’s fiscal year 2025 tax rate. The commissioner of revenue may issue guidelines or instructions for reporting the amortization of deficits authorized by this section.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to which are forthwith to make supplemental appropriations for fiscal year 2023 and to make certain changes in law, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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[{'GeneralCourtNumber': 193, 'Branch': 'Senate', 'RollCallNumber': 56, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Branches/Senate/RollCalls/56'}]
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[{'Action': 'In Part', 'FiscalAmounts': [{'FiscalType': 'Direct Appropriations', 'Amount': '$513000000.00'}], 'Committee': {'CommitteeCode': 'S30', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S30'}, 'Votes': [{'Question': 'Ought to pass\t(in part)', 'Bill': {'BillNumber': 'S2426', 'DocketNumber': None, 'Title': 'An Act making appropriations for the fiscal year 2023 to provide for supplementing certain existing appropriations and for certain other activities and projects ', 'PrimarySponsor': {'Id': 'S30', 'Name': 'Senate Committee on Ways and Means', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S30', 'ResponseDate': '2023-07-24T14:41:21.96'}, 'Cosponsors': [], 'JointSponsor': None, 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2426', 'IsDocketBookOnly': False}, 'Committee': {'CommitteeCode': 'S30', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S30'}, 'Date': '2023-07-24T14:30:00', 'Vote': [{'Favorable': [{'GeneralCourtNumber': 193, 'MemberCode': 'MJR0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJR0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'CFF0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'JMC0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'MDB0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'JJC0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'LME0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'PRF0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'A_G0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'PDJ0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'JFK0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'jml0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'L M0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'MOM0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'MFR0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'PMO', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO'}], 'Adverse': [], 'ReserveRight': [{'GeneralCourtNumber': 193, 'MemberCode': 'BET0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0'}], 'NoVoteRecorded': [{'GeneralCourtNumber': 193, 'MemberCode': 'RCF0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0'}]}]}]}]
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An Act to promote public payroll transparency
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S2427
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SD2638
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-06-01T12:49:52.107'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-06-01T12:49:52.1066667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-01T12:56:08.3966667'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-06-01T12:56:08.3966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2427/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill) (subject to Joint Rule 12) of Bruce E. Tarr, Patrick M. O'Connor and Ryan C. Fattman for legislation to promote public payroll transparency. State Administration and Regulatory Oversight.
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Chapter 6A of the General Laws is hereby amended by inserting after section 16CC the following section:-
Section 16DD. (a) For purposes of this section, the term 'quasi-government agency' shall mean a corporation that: (i) is supported by the government to provide services to citizens, including, but not limited to, operating public buses and rail systems, developing drinking water and managing public pension information; and (ii) has certain budgetary, governing and policy-making independence from the executive and legislative branches.
(b) Notwithstanding any general or special law to the contrary, a quasi-government agency shall submit compensation information to the comptroller and the comptroller shall post such information on the commonwealth’s open checkbook website.
(c) Notwithstanding any general or special law to the contrary, the state auditor shall publicly post audits conducted of a quasi-government agency on its website.
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[]
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[]
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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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[]
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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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S2428
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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': '2023-07-24T14:41:21.96'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2428/DocumentHistoryActions
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Bill
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SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2023, the sums set forth in section 2 are hereby appropriated from the General Fund, unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2023. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. Except as otherwise provided, these sums shall be made available through the fiscal year ending June 30, 2024.
SECTION 2.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves
1599-4448 Collective Bargaining Agreements $26,233,522
EXECUTIVE OFFICE OF EDUCATION
Department of Early Education and Care
3000-7040 EEC Contingency Contract Retained Revenue $200,000
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Department of Public Health
4590-0915 DPH Hospital Operations $10,710,901
SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, an alteration of purpose for current appropriations and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund or the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2023. Except as otherwise stated, these sums shall be made available through the fiscal year ending June 30, 2024.
OFFICE OF THE COMPTROLLER
Office of the Comptroller
1595-4514 For an operating transfer to the Commonwealth’s Pension Liability Fund, established in subsection (e) of subdivision (8) of section 22 of chapter 32 of the General Laws $100,000,000
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves
1599-0012 For a reserve to support reimbursements for extraordinary relief to school districts pursuant to section 5A of chapter 71B of the General Laws and item 7061-0012; provided, that funds shall be made available for reimbursements in fiscal year 2024 to school districts that experience increases to instructional costs reimbursable under said section 5A of said chapter 71B and incurred such instructional costs during fiscal year 2024 that exceed 25 per cent of such instructional costs incurred during fiscal year 2023; provided further, that funds shall also be made available to reimburse districts in fiscal year 2024 for 100 per cent of any such instructional cost increases exceeding 5 per cent where the total of such increase also exceeds 0.5 per cent of total actual net school spending in fiscal year 2023; and such funds paid from this provision in fiscal year 2024 shall not be reimbursable in fiscal year 2025; and provided further, that the funds appropriated in this item shall not revert but shall be made available through June 30, 2025 and may be transferred to item 7061-0012 and expended subject to the conditions specified in said item in the general appropriations act for that year
$75,000,000
1599-1101 For a reserve for the payroll of the department of transitional assistance’s caseworkers and other necessary staff to serve applicants and clients of the supplemental nutrition assistance, transitional aid to families with dependent children and emergency aid to the elderly, disabled and children programs; provided, that funds may be transferred to items 4400-1000 and 4400-1100; and provided further, that the funds appropriated in this item shall be made available through the year ending June 30, 2025 $60,300,000
1599-2301 For a reserve for costs associated with the settlement agreement in Spencer Tatum et al. v. Commonwealth of Massachusetts, Suffolk Superior Court C.A. No. 0984CV00576 $40,000,000
1599-2302 For a reserve to support mitigation costs associated with natural disasters that occurred in 2023; provided, that these funds may be used for mitigation costs related to farms impacted by such natural disasters; provided further, that funds in this item shall be administered by the executive office for administration and finance and the department of agricultural resources; provided further, that efforts shall be made to maximize available federal reimbursement for the purposes of this item; and provided further, that efforts shall be made to maximize opportunities for private contributions for the purposes of this item $20,000,000
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Office of the Secretary
2000-0120 For obligations of the commonwealth to neighboring states incurred pursuant to interstate compacts for flood control $506,140
EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Office of the Secretary
4000-1111 For the distribution of funds for fiscally strained hospitals; provided, that up to $91,474,590 shall be distributed to hospitals eligible for the supplemental payment described in section 5.D.22 of the rate year 2023 acute hospital request for applications, available on COMMBUYS, the state procurement system, as bid number BD-23-1039-EHS01-EHS01-79493, as amended by amendment number 3 issued on April 13, 2023 by the office of Medicaid, and as may be further amended from time to time; provided further, that the executive office of health and human services shall disburse funds according to said section 5.D.22 and the terms of any payment agreement between the recipient hospital and the executive office; provided further, that not less than $58,525,410 shall be distributed to non-profit or municipal acute care hospitals licensed under section 51 of chapter 111 of the General Laws that are designated by the center for health information and analysis as non-specialty hospitals, and that had a Medicaid payer mix of not less than 24 per cent in fiscal year 2021 as calculated using data published by the center in May 2023 in its HFY2021 Massachusetts Hospital Profiles databook; provided further, that the executive office shall prioritize funds for hospitals demonstrating significant financial need based on: (i) the current liquidity position of the hospital or its associated hospital health system; (ii) the hospital’s total margin as reported in the center’s quarterly hospital financial performance report published April 2023; and (iii) any other data the executive office deems relevant, including the amount of previous state financial support provided to the hospital in response to the 2019 novel coronavirus pandemic; provided further, that not less than $30,000,000 shall be distributed by the executive office to acute care hospitals licensed under said section 51 of said chapter 111 that demonstrate significant financial need based on criteria established by the executive office; provided further, that, in creating its criteria, the executive office shall: (a) consider relative price index; and (b) prioritize hospitals designated by the center as community-high public payer hospitals that had a public payer mix of not less than 74 per cent in fiscal year 2021 calculated using data published by the center in May 2023 in its HFY2021 Massachusetts Hospital Profiles databook; provided further, that funds unexpended under the previous provisions of this item shall not revert to the General Fund but shall be redistributed by the executive office to acute care hospitals licensed under said section 51 of said chapter 111 that demonstrate significant financial need based on the criteria established by the executive office pursuant to the previous provision; and provided further, that a hospital shall only be eligible to receive funds through 1 of the 3 preceding sets of payment distribution criteria under this item $180,000,000
SECTION 2CI. For the purpose of making available in fiscal year 2024 balances of appropriations which otherwise would revert on June 30, 2023, the unexpended balances of the appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 126 of the acts of 2022. For items which do not appear in section 2 of the general appropriation act, the amounts in this section are re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 or 2A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in said section 2 of said chapter 126; provided, however, that for items which do not appear in said section 2 of said chapter 126, the amounts in this section are re-appropriated from the fund or funds designated for the corresponding item in sections 2 to 2E, inclusive, of this act or in prior appropriation acts. The sums reappropriated in this section shall be in addition to any amounts available for said purposes.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves
1599-0793 COVID Response Reserve $26,497,171
1599-9817 HCBS Reserve $152,454,518
SECTION 3. Subsection (d) of section 20 of chapter 25A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out the word “(b)” and inserting in place thereof the following word:- (c).
SECTION 4. 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 5. The last paragraph of said section 12A of said chapter 494 is hereby amended by striking out the words “July 31, 2023”, inserted by section 2 of said chapter 128, and inserting in place thereof the following words:- July 31, 2024.
SECTION 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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 19. Item 1599-2051 of section 2A of chapter 102 of the acts of 2021 is hereby amended by striking out the words “June 30, 2023”, as inserted by section 45 of chapter 2 of the acts of 2023, and inserting in place thereof the following words:- June 30, 2027; provided further, that funds made available in section 2 of chapter 268 of the acts of 2022 for the purpose of this item shall be made available until June 30, 2027; and provided further, that the office of the state auditor, the office of the attorney general, the office of the inspector general, the office of the comptroller and any entity drawing funds from this line item shall submit quarterly reports on expenditures, activities and findings to the house and senate committees on ways and means and the clerks of the senate and house of representatives who shall post the reports on the website of the general court.
SECTION 20. Item 3000-7040 of section 2 of chapter 126 of the acts of 2022 is hereby amended by striking out the figure “$320,000”, each time it appears, and inserting in place thereof, in each instance, the following figure:- $520,000.
SECTION 21. Sections A1, 17 and 18 of chapter 128 of the acts of 2022 are hereby repealed.
SECTION 22. Section 68 of chapter 179 of the acts of 2022 is hereby amended by striking out the words “July 31, 2023” and inserting in place thereof the following words:- January 31, 2024.
SECTION 25. The salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purposes of section 7 of chapter 150E of the General Laws:
(1) the agreement between the commonwealth of Massachusetts and the State Police Association of Massachusetts, Units 5A and C22;
(2) the agreement between the commonwealth of Massachusetts, the Alliance American Federation of State, County and Municipal Employees and the Service Employees International Union, Local 888, Unit 2;
(3) the agreement between the commonwealth of Massachusetts and the Service Employees International Union, Local 509, Units 8 and 10;
(4) the agreement between the commonwealth of Massachusetts and the Massachusetts Organization of State Engineers and Scientists, Unit 9;
(5) the agreement between the commonwealth of Massachusetts and the National Association of Government Employees, Units 1, 3 and 6;
(6) the agreement between the sheriff of Berkshire county and the Berkshire County Sheriff's Office Employees Association, Unit SB3;
(7) the agreement between the sheriff of Berkshire county and the International Brotherhood of Correctional Officers Local R1-297, Unit SB1;
(8) the agreement between the sheriff of Berkshire county and the Berkshire International Union of Electrical Workers – Communication Workers of America, Unit SB2;
(9) the agreement between the sheriff of Hampshire county and the Hampshire Sheriff’s Office Non-Uniform Correctional Association, Unit SH7;
(10) the agreement between the sheriff of Hampshire county and the Hampshire Sheriff's Office Treatment Association, Unit SH6;
(11) the agreement between the sheriff of Plymouth county and the Plymouth Superiors National Correctional Employees Union, Local 104, Unit SP1;
(12) the agreement between the Massachusetts State Lottery Commission and the Service Employees International Union, Local 888, Unit LT1;
(13) the agreement between the University of Massachusetts and the Massachusetts Society of Professors, MTA/NEA, Amherst Campus, Unit A50;
(14) the agreement between the University of Massachusetts and the Boston Public Safety Officers New England Police Benevolent Association L90, Unit B33;
(15) the agreement between the University of Massachusetts and the International Brotherhood of Teamsters, L25, Public Safety Lieutenants, Unit B3L;
(16) the agreement between the University of Massachusetts and the International Brotherhood of Teamsters, L25, Officers, Unit B3S;
(19) the agreement between the University of Massachusetts and the Head Coaches Professional Staff Union, MTA/NEA, Units C and B45;
(20) the agreement between the University of Massachusetts and the Boston Department Chairs Union, MTA/NEA, Unit B50;
(21) the agreement between the University of Massachusetts and the Non-Faculty - Maintenance & Trades MTA, Lowell Campus, Unit L93;
(22) the agreement between the University of Massachusetts and the Non-Faculty - Police Officers Teamsters L25, Lowell Campus, Unit L94;
(23) the agreement between the Essex North and South registry of deeds and the American Federation of State, County and Municipal Employees, Local 653, Unit SC3;
(24) the agreement between the sheriff of Suffolk county and the National Association of Government Employees, Local 298, Unit SS2;
(25) the agreement between the sheriff of Suffolk county and the American Federation of State, County and Municipal Employees/AFL-CIO, Council 93, Local RN, Unit SS3;
(26) the agreement between the sheriff of Suffolk county and the American Federation of State, County and Municipal Employees/AFL-CIO, Council 93, Local 3643, Unit SS5;
(27) the agreement between the sheriff of Franklin county and the National Correctional Employees Union, Local 106, Unit SF1;
(28) the agreement between the sheriff of Franklin county and the Franklin Sheriff’s Office Non-Unit Employer’s Association, Unit SF3;
(29) the agreement between the sheriff of Worcester county and the New England Police Benevolent Association, Local 275, Unit SW2;
(30) the agreement between the sheriff of Worcester county and the New England Police Benevolent Association, Local 515, Unit SW5;
(31) the agreement between the sheriff of Hampshire county and the Hampshire Sheriff’s Office Jail and House of Correction Supervisory Correctional Officers’ Association, Unit SH3;
(32) the agreement between the sheriff of Worcester county and the National Association of Government Employees, Local R1-255, Unit SW4;
(33) the agreement between the Massachusetts board of higher education and the Massachusetts Community College Council;
(34) the agreement between the trial court of the commonwealth and the National Association of Government Employees/Service Employees International Union, Local 5000, Units J2C and J2P;
(35) the agreement between the trial court of the commonwealth and the Office and Professional Employees International Union, Local 6, Units J6C and J6P;
(36) the agreement between the University of Massachusetts and the International Brotherhood of Police Officers, Local 432, Amherst Campus, Unit A06;
(37) the agreement between the University of Massachusetts and the Massachusetts Teachers Association/NEA Classified, Boston Campus, Units B31 and B32;
(38) the agreement between the University of Massachusetts and the Faculty Staff Union, Boston Campus, Unit B40;
(39) the agreement between the University of Massachusetts and the American Federation of Teachers, Local 6350, Dartmouth Campus, Unit D82;
(40) the agreement between the University of Massachusetts and the American Federation of State, County and Municipal Employees, Local 507, Dartmouth Campus, Unit D83;
(41) the agreement between the University of Massachusetts and the International Brotherhood of Police Officers, Local 399, Dartmouth Campus, Unit D84;
(42) the agreement between the University of Massachusetts and the Massachusetts Society of Professors, Lowell Campus, Unit L90;
(43) the agreement between the University of Massachusetts and the Service Employees International Union, Local 888, Lowell Campus, Unit L95;
(44) the agreement between the sheriff of Hampden county and the Non-Uniform Correctional Association, Unit SH2;
(45) the agreement between the sheriff of Hampden county and the Superior Correctional Officer Association, Unit SH3;
(46) the agreement between the sheriff of Norfolk county and the National Association of Government Employees, Local 202, Unit SN1;
(47) the agreement between the University of Massachusetts and the New England Police Benevolent Association, Local 190, Amherst Campus, Unit A07;
(48) the agreement between the University of Massachusetts and the American Federation of Teachers, AFL-CIO Faculty Federation, Local 1895 Dartmouth Campus, Units D80 and D81;
(49) the agreement between the University of Massachusetts and the Classified and Technical Union, Lowell Campus, Unit L92;
(50) the agreement between the sheriff of Essex county and National Correctional Employees Union, Local 121, Unit SE7;
(51) the agreement between the sheriff of Middlesex county and the New England Police Benevolent Association, Local 500, Unit SM5;
(52) the agreement between the Middlesex South registry of deeds and Office and Professional Employees International Union, Local 6;
(53) the agreement between the Worcester South registry of deeds and Office and Professional Employees International Union, Local 6;
(54) the agreement between the Hampden registry of deeds and Office and Professional Employees International Union, Local 6;
(55) the agreement between the Middlesex North registry of deeds and Office and Professional Employees International Union, Local 6;
(56) the agreement between the Berkshire Middle, North and South registry of deeds and the Service Employees International Union, Local 888;
(57) the agreement between the commonwealth and the National Association of Government Employees, Local R1-292, Units A and D01;
(58) the agreement between the commonwealth and the coalition of MassDOT Unions, Units D and D06; and
(59) the agreement between the sheriff of Plymouth county and Association of County Employees, Unit SP4.
SECTION 26. Notwithstanding section 2 of chapter 128A of the General Laws, sections 1, 2, 2A and 4 of chapter 128C of the General Laws and section 9 of said chapter 128C 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 and shall remain authorized to conduct simulcast wagering pursuant to said chapter 128C until July 31, 2024; provided, however, that the days between January 1, 2023 and December 31, 2024 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 the licensee shall not simulcast or accept a wager on greyhound dog racing on or after August 10, 2023 pursuant to section 9 of chapter 128C of the General Laws; 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 27. Notwithstanding any general or special law to the contrary, the department of public utilities may allow recovery by the electric distribution companies of transmission service agreement expenditures and payments associated with clean energy generation power purchase agreements previously approved by the department following a competitive solicitation and procurement conducted under section 83D of chapter 169 of the acts of 2008 in connection with a change in law in the state of Maine, subsequently causing suspension of development construction; provided, however, that if the department elects to allow such recovery, it shall allow recovery for such expenditures and payments that the department determines to be associated with the subsequent construction delay.
SECTION 28. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the court administrator of the trial court, may convey certain adjacent parcels of land in the city of Framingham acquired for the construction of a building for the first district court of southern Middlesex for nominal consideration to the city of Framingham; provided, however, that the commissioner shall not convey the parcels prior to: (i) the completion of a regional justice center at 121 Union avenue in the city of Framingham; and (ii) a determination by the commissioner, in consultation with the court administrator of the trial court, that the parcels are surplus to the needs of the trial court. The parcels are located at 600 and 602 Concord street in the city of Framingham and are described in deeds recorded in the Middlesex southern district registry of deeds in book 7816, page 107 and book 9859, page 328. The parcels shall be conveyed by deed without warranties or representations by the commonwealth and without restrictions on use or future conveyance by the city; provided, however, that the conveyance may be subject to such additional conditions and restrictions as the commissioner of capital asset management and maintenance, in consultation with the court administrator of the trial court, may determine. The commissioner may, in consultation with the court administrator of the trial court, determine the exact boundaries of the parcels prior to conveyance.
(b) Notwithstanding any general or special law to the contrary, if the city of Framingham elects to purchase the parcels pursuant to subsection (a), the city shall be responsible for all costs and expenses of any transactions authorized in this section as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation.
SECTION 29. Notwithstanding any general or special law to the contrary, items funded in this act, including appropriations in section 2A, shall be supported through the General Fund and the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, at the discretion of the secretary of administration and finance. Not later than September 30, 2023, the secretary shall, submit a report to the senate and house committees on ways and means detailing the source of revenue matched or expected to be matched to each item in this act.
SECTION 30. Notwithstanding section 23 of chapter 59 of the General Laws, section 31 of chapter 44 of the General Laws or any other general or special law to the contrary, a city or town may amortize over fiscal years 2025 to 2027, inclusive, in equal installments or more rapidly, the amount of its 2024 major disaster related deficit. The local appropriating authority, as defined in section 21C of said chapter 59, shall adopt a deficit amortization schedule in accordance with this section before setting the municipality’s fiscal year 2025 tax rate. The commissioner of revenue may issue guidelines or instructions for reporting the amortization of deficits authorized by this section.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to which are forthwith to make supplemental appropriations for fiscal year 2023 and to make certain changes in law, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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An Act relative to gender identity on Massachusetts identification
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S2429
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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': '2023-07-24T14:39:10.4'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T19:07:15.8633333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-27T12:19:47.0966667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-29T12:31:36.0266667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:41:22.4033333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T19:21:33.42'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-09T17:34:00.3366667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T13:28:21.9733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T12:53:53.4766667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T14:44:10.0466667'}]
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SECTION 1. Section 13 of chapter 46 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-
(e) (1) A person who is over the age of 18 or who is an emancipated minor, or the parent or guardian of a person who is a minor, may request a change in the sex designation on the person’s birth record to a sex designation including, but not limited to, “female”, “male” or “X”. An “X” designation may indicate that the person is another gender or an undesignated gender. A request for a change in the sex designation on a birth record shall be accompanied by an affidavit executed under the penalty of perjury by the person to whom the record relates, or by the parent or guardian of the person if the person is a minor, attesting that the request is to conform to the person’s gender identity and is not made for any fraudulent purpose; provided, however, that no medical or healthcare related documentation, court order or proof of change of name shall be required by a town clerk or other official in connection with a request under this paragraph.
(2) A person who is over the age of 18 or who is an emancipated minor, or the parent or guardian of a person who is a minor, who requests a change in, the sex designation on the person’s birth record pursuant to paragraph (1) may request a change of name on the person’s birth record. A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name; provided, however, that no medical or healthcare related documentation shall be required by a town clerk or other official in connection with a request under this paragraph.
(3) A person who is over the age of 18 or who is an emancipated minor, or the parent or guardian of a person who is a minor, who has changed the sex designation on the person’s birth record pursuant to paragraph (1) but did not request a change of name on the person’s birth record pursuant to paragraph (2) may request a change of name on the person’s birth record within 3 years from the date of the change in the sex designation on the person’s birth record pursuant to said paragraph (1); provided, however, that a person whose sex designation on their birth record was changed while the person was a minor shall have 3 years from the date of their eighteenth birthday to request a change of name on the person’s birth record; provided further that the department may waive the 3 year limitation for a person that demonstrates good cause, as determined by the department. A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name; provided, however, that no medical or healthcare related documentation shall be required by a town clerk or other official in connection with a request under this paragraph.
(4) The department of public health may promulgate regulations to implement this subsection.
SECTION 1A. Said section 13 of said chapter 46, as so appearing, is hereby further amended by adding the following subsection:-
(l)(1) The state registrar or town clerk shall amend a certificate of marriage for a person who has a certificate of marriage and submits an application in a form approved by the department that includes:
(i) an affidavit executed by the person to whom the record change relates attesting, under penalty of perjury, that: (A) the request is to conform to the affiant’s gender identity; (B) the request is not made for any fraudulent purpose; and (C) the marriage is still legally intact; and
(ii) a notarized statement from the spouse named on the certificate of marriage to be amended consenting to the amendment of the certificate of marriage.
(2) A person may amend a gender designation on a certificate of marriage to a gender designation including, but not limited to, “female”, “male” or “X”. An “X” designation may indicate that the person is another gender or an undesignated gender.
(3) A person may request to amend their name on a certificate of marriage. A request for a change of name on a certificate of marriage shall be accompanied by a certified copy of the legal change of name; provided, however, that no medical or healthcare related documentation shall be required by a town clerk or other official in connection with a request under this subsection.
SECTION 2. Chapter 90 of the General Laws is hereby amended by inserting after section 8M the following section:-
Section 8N. The registry of motor vehicles shall permit a person submitting an application under sections 8, 8B or 8E of this chapter or section 34B of chapter 138 to designate “X”, “M” or “F” for gender on an application for a driver’s license, learner’s permit, identification card or liquor purchase identification card. No documentation shall be required for such a designation.
The registrar of motor vehicles shall report annually to the chairs of the joint committee on transportation on the number of people, indicated by race and ethnicity, who choose an “X” designation on their driver’s license, learner’s permit, identification card or liquor purchase identification card; provided, however, that data included in the report shall be de-identified so that the identification of an individual person cannot be ascertained.
The registrar of motor vehicles may promulgate regulations to implement this section.
SECTION 3. The secretary of administration and finance shall develop a plan, including estimated costs and a proposed timeline for implementation, to ensure that any state form or document issued by a state agency that requires an individual to indicate the individual’s gender shall provide an opportunity for the individual to choose a gender option other than male or female; provided, however, that the secretary shall ensure that such a form or document complies with applicable federal rules and regulations. The secretary shall submit the plan to the clerks of the senate and house of representatives and the senate and house committees on ways and means not later than January 1, 2025.
SECTION 4. Not later than 6 months after the effective date of this act, the registry of motor vehicles, the state secretary and any state agency that interacts with youth or young adults in their care or provides youth or young adults with legal assistance, including, but not limited to, the department of children and families, the department of youth services, the department of mental health and the committee for public counsel services, shall develop materials for dissemination to inform youth and young adults of the options regarding sex and gender designations on state forms and documents pursuant to this act and develop processes to assist youth and young adults who wish to change their gender designation.
SECTION 5. Section 1 shall take effect on July 1, 2024.
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An Act establishing farm to school grants to promote healthy eating and strengthen the agricultural economy
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S243
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SD605
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-16T15:34:41.583'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-16T15:34:41.5833333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-18T10:06:22.0633333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-18T10:06:25.9233333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-06T12:08:02.08'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-06T12:08:02.08'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T09:02:43.7166667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-15T09:53:13.4633333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-21T22:36:50.66'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-03T15:14:17.8'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-29T15:28:42.4466667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-04-12T18:28:15.6533333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-06-29T11:04:47.7366667'}]
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 243) of Joanne M. Comerford, Adam Scanlon, Adam Scanlon, Anne M. Gobi and other members of the General Court for legislation to establish farm to school grants to promote healthy eating and strengthen the agricultural economy. Education.
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Chapter 69 of the General Laws is hereby amended by adding the following section:-
Section 37. (a) The department of elementary and secondary education shall administer a Massachusetts Farm to School Grant Program, with the aim of strengthening the Massachusetts food and agriculture economy and improving student health and nutrition. The program shall build the capacity of primary and secondary schools and licensed childcare programs to purchase ingredients grown and produced in Massachusetts, prepare scratch-cooked meals and educate students about the food system. The department shall execute, administer and award grants in consultation with an advisory committee that shall include a representative from the department of agricultural resources, the department of early education and care, and a geographically and demographically diverse group of stakeholders appointed by the commissioner of the department.
(b) To be eligible for grant funding the department shall require that applicants: (1) be a public school or licensed child care program located in the commonwealth; or (2) provide meals through the National School Lunch Program or the Child and Adult Care Feeding Program.
(c) The program shall provide, subject to appropriation, funding for the following priorities: (1) adequate kitchen equipment used to prepare food for serving in school meals and snacks including but not limited to local, fresh produce, meats, seafood, and dairy items; (2) training school kitchen staff in preparing fresh meals using local ingredients and in procuring such ingredients, and for training educators and other school staff in adding or integrating food system lessons to their curriculum; and (3) infrastructure and programming for curricular and extracurricular activities, such as school gardens, for students to learn about agriculture and the food system
(d) Up to 15 per cent of the funds in each grant may be used for the purchase of foods raised, grown or produced in Massachusetts, provided that preparation and consumption of these foods relates to the primary grant activity or expenditure.
(e) The department, with input from the advisory committee, shall promulgate regulations or guidelines to implement the program established pursuant to subsection (a). The regulations or guidelines promulgated by the department shall include eligibility criteria that promotes geographic, social, economic, and racial equity in distribution of grant funds.
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An Act relative to property rights
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S2430
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{'Id': 'J25', 'Name': 'Joint Committee on State Administration and Regulatory Oversight', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25', 'ResponseDate': '2023-07-28T16:54:53.48'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T16:56:55.66'}]
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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. Section 1 of chapter 79 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the second sentence the following sentence:
Any such order of taking shall include a provision giving the right of first refusal to purchase the property to the owner from whom the property is being taken if the board of officers seeks to dispose of the property for a purpose other than that stated in the order of taking.
SECTION 2. Said chapter 79 is hereby further amended by inserting after section 3 the following section:-
Section 3A. If property taken by eminent domain by board of officers upon whom authority to take real estate by eminent domain on behalf of any body politic or corporate has been conferred by law is not being used for the purpose stated in the order of taking order of taking recorded pursuant to section 34, the board of officers shall: (i) engage in good faith negotiations with the owner from whom the land was taken to amend the original order of taking, which amendment shall be signed by both parties and filed in the property registry district; or (ii) receive approval for such change by a law enacted by a vote of each branch of the general court. If a body politic or corporate seeks to dispose of property taken by eminent domain for a purpose other than that stated in the order of taking, the owner from whom the property was taken, or their heirs or assignees, shall be given the right of first refusal to purchase the property back from the body politic or corporate.
SECTION 3. Section 3A of chapter 79 of the General Laws shall apply to any real property currently held by a body politic or corporate taken by eminent domain.
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[{'Action': 'Redraft', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}, {'Action': 'Favorable with Amendment', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'S30', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S30'}, 'Votes': [{'Question': 'Ought to pass – by substitution of a New Draft', 'Bill': {'BillNumber': 'S2430', 'DocketNumber': None, 'Title': 'An Act relative to property rights', 'PrimarySponsor': {'Id': 'J25', 'Name': 'Joint Committee on State Administration and Regulatory Oversight', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25', 'ResponseDate': '2023-07-28T16:54:53.48'}, 'Cosponsors': [{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T16:56:55.66'}], 'JointSponsor': None, 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2430', 'IsDocketBookOnly': False}, 'Committee': {'CommitteeCode': 'S30', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S30'}, 'Date': '2023-10-02T10:30:00', 'Vote': [{'Favorable': [{'GeneralCourtNumber': 193, 'MemberCode': 'MJR0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJR0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'CFF0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'JMC0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'MDB0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'JJC0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'LME0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'PRF0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'A_G0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'PDJ0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'JFK0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'jml0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'L M0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'MOM0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'MFR0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0'}, {'GeneralCourtNumber': 193, 'MemberCode': 'PMO', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO'}, {'GeneralCourtNumber': 193, 'MemberCode': 'BET0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0'}], 'Adverse': [], 'ReserveRight': [{'GeneralCourtNumber': 193, 'MemberCode': 'RCF0', 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0'}], 'NoVoteRecorded': []}]}]}]
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[{'AmendmentNumber': '1', 'ParentBillNumber': 'S2430', 'Branch': 'Senate', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Documents/S2430/Branches/Senate/Amendments/1/'}]
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An Act establishing a sick leave bank for Jody Ricketson, an employee of the Department of Children and Families
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S2431
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SD2642
| 193
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{'Id': 'MJR0', 'Name': 'Michael J. Rodrigues', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJR0', 'ResponseDate': '2023-06-06T15:51:49.307'}
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[{'Id': 'MJR0', 'Name': 'Michael J. Rodrigues', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJR0', 'ResponseDate': '2023-06-06T15:51:49.3066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2431/DocumentHistoryActions
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Bill
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By Mr. Rodrigues, a petition (accompanied by bill, Senate, No. 2431) (subject to Joint Rule 12) of Michael J. Rodrigues for legislation to establish a sick leave bank for Jody Ricketson, an employee of the Department of Children and Families. Public Service.
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Notwithstanding any general or special law to the contrary, the Department of Children and Families shall establish a sick leave bank for Jody Ricketson, 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 Jody Ricketson. Whenever Jody Ricketson 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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[{'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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[]
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An Act extending live horse racing and simulcasting in the Commonwealth
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S2432
| null | 193
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{'Id': 'MJR0', 'Name': 'Michael J. Rodrigues', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJR0', 'ResponseDate': '2023-07-31T17:58:54.16'}
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[{'Id': 'MJR0', 'Name': 'Michael J. Rodrigues', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJR0', 'ResponseDate': '2023-07-31T17:58:54.16'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2432/DocumentHistoryActions
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Amendment
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Senate, July 31, 2023 -- Text of the Senate amendment (Senator Rodrigues) to the House Bill extending live horse racing and simulcasting in the Commonwealth (House, No. 4033).
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SECTION 1. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations and to meet certain requirements of law, the sum set forth in section 2A is hereby appropriated from the General Fund, the Transitional Escrow Fund established in section 16 of chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022, or the federal COVID-19 response fund established in section 2JJJJJ of chapter 29 of the General Laws unless specifically designated otherwise in this act, for the several purposes and subject to the conditions specified in this act and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2023. This sum shall be made available until June 30, 2024.
SECTION 2A.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves
1599-2302 For a reserve to support mitigation costs associated with natural disasters that occurred in 2023; provided, that these funds may be used for mitigation costs related to farms impacted by such natural disasters; provided further, that funds in this item shall be administered by the executive office for administration and finance and the department of agricultural resources; provided further, that efforts shall be made to maximize available federal reimbursement for the purposes of this item; and provided further, that efforts shall be made to maximize opportunities for private contributions for the purposes of this item $20,000,000
SECTION 3. 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 December 15, 2024.
SECTION 4. The last paragraph of said section 12A of said chapter 494 is hereby amended by striking out the words “July 31, 2023”, inserted by section 2 of said chapter 128, and inserting in place thereof the following words:- December 15, 2024.
SECTION 5. 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 December 15, 2024.
SECTION 6. 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 December 15, 2024.
SECTION 7. 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 December 15, 2024.
SECTION 8. 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 December 15, 2024.
SECTION 9. 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:- December 15, 2024.
SECTION 10. 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 December 15, 2024.
SECTION 11. 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:- December 15, 2024.
SECTION 12. 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 December 15, 2024.
SECTION 13. 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:- December 15, 2024.
SECTION 14. 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:- December 15, 2024.
SECTION 15. 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:- December 15, 2024.
SECTION 16. 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:- December 15, 2024.
SECTION 17. 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:- December 15, 2024.
SECTION 18. Sections A1, 17 and 18 of chapter 128 of the acts of 2022 are hereby repealed.
SECTION 19. Notwithstanding section 2 of chapter 128A of the General Laws, sections 1, 2, 2A and 4 of chapter 128C of the General Laws and section 9 of said chapter 128C, as inserted by section 6 of chapter 173 of the acts of 2022, 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 and shall remain authorized to conduct simulcast wagering pursuant to said chapter 128C until December 15, 2024; provided, however, that the days between January 1, 2023 and December 15, 2024 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 the licensee shall not simulcast or accept a wager on greyhound dog racing on or after August 10, 2023 pursuant to section 9 of chapter 128C of the General Laws; 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.
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An Act establishing a sick leave bank for Jody Ricketson, an employee of the Department of Children and Families
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S2433
| null | 193
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{'Id': 'J23', 'Name': 'Joint Committee on Public Service', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J23', 'ResponseDate': '2023-08-01T15:41:37.743'}
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[{'Id': 'MJR0', 'Name': 'Michael J. Rodrigues', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJR0', 'ResponseDate': '2023-06-06T15:51:49.3066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2433/DocumentHistoryActions
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Bill
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Senate, August 3, 2023 -- The committee on Public Service, to whom was referred the petition (accompanied by bill, Senate, No. 2431) (subject to Joint Rule 12) of Michael J. Rodrigues for legislation to establish a sick leave bank for Jody Ricketson, an employee of the Department of Children and Families, reports the accompanying bill (Senate, No. 2433).
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Notwithstanding any general or special law to the contrary, the Department of Children and Families shall establish a sick leave bank for Jody Ricketson, 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 Jody Ricketson. Whenever Jody Ricketson 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 Children and Families, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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[]
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[]
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[{'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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[]
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An Act establishing a designation of a state protection and advocacy system
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S2434
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SD2563
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-04-10T15:13:00.6'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-04-10T15:13:00.6'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2434/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 2434) (subject to Joint Rule 12) of James B. Eldridge for legislation to establish a designation of a state protection and advocacy system. Children, Families and Persons with Disabilities.
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SECTION 1. Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 221 the following section:
Section 222. (a) There shall be a protection and advocacy system for the purpose of investigating abuse, neglect, and financial exploitation of persons with disabilities occurring in the Commonwealth and advocating for the civil and human rights of such persons. For the purposes of this chapter, the system shall be an independent private nonprofit corporation which has been designated as the protection and advocacy system for the commonwealth under the Protection and Advocacy under the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. 15041 et. seq., and the Protection and Advocacy for Individuals with Mental Illness Act. 42 U.S.C. 10801 et. seq.
(b) The protection and advocacy system shall meet all of the requirements of federal law applicable to such systems, including, but not limited to, the requirement that it establish a grievance procedure for clients or prospective clients of the system to ensure that people with disabilities have full access to services of the system. The protection and advocacy system may receive and expend funds to protect and advocate the rights of persons with developmental disabilities, emotional and mental health disabilities, and any other disabilities. In a manner consistent with other statutory responsibilities, the departments, officers, agencies, and institutions of the Commonwealth shall cooperate with the protection and advocacy system in carrying out its duties in order to further the purposes of this act. Notwithstanding any other provision of law, all departments, officers, agencies, and institutions of the Commonwealth may, on the behalf of a person with a developmental disability, emotional and mental health disabilities, or any other disability, request the system to provide protection and advocacy services. The governor may designate an appropriate state official to serve as liaison between the protection and advocacy system and the state departments and agencies that provide services to persons with developmental disabilities, emotional and mental health disabilities, or any other disabilities.
(c) The protection and advocacy system shall have the authority to:
(i) Investigate incidents of abuse and neglect of individuals with developmental disabilities, emotional and mental health disabilities, or any other disabilities if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred;
(ii) Pursue legal, administrative, and other appropriate remedies to ensure the protection of the rights of persons with developmental disabilities, mental health conditions, or any other disabilities;
(iii) Provide information on and referral to programs and services addressing the needs of persons with developmental disabilities, emotional and mental health disabilities, or any other disabilities, including information and training regarding individual rights and the services available from the protection and advocacy system;
(iv) Have immediate access to any individual with a developmental disability, emotional and mental health disabilities, or any other disability, regardless of age, who has requested services or on whose behalf services have been requested from the protection and advocacy system or concerning whom the protection and advocacy system has reasonable cause to believe that abuse, neglect, financial exploitation, or a violation of rights of the individual has occurred;
(v) Have immediate access to any facility, school, jail, hospital, or any other location where any individual with a developmental disability, emotional and mental health disabilities, or any other disability is receiving or has received services, where the protection and advocacy system has received a complaint or where the system has reasonable cause to believe that abuse, neglect, financial exploitation, or a violation of rights of the individual has occurred, in order to:
(A) Monitor compliance with respect to the rights and safety of any person receiving services;
(B) Communicate privately by mail or orally, and where available, by electronic means, with any person receiving services;
(C) Interview any member of the staff of said facility or other location;
(D) Inspect all records relating to persons receiving services, provided that said person, or their guardian, gives written permission;
(E) Have access to policies, rules, and regulations affecting care, rights, or responsibilities of persons receiving services;
(F) Inspect, view, and photograph all areas of the facility or any other locations that are used by persons receiving services, or that are accessible to them, or which otherwise may affect their health and safety;
(G) Take whatever steps are appropriate, including posting notice, to see that persons are made aware of the services of the protection and advocacy system, its purpose, and how it can be contacted. Officials in charge of each facility shall cooperate with the protection and advocacy system in this respect;
(H) Provide information and training on, and referral to programs addressing the needs of, persons with disabilities, and information and training on individual rights and services available from the protection and advocacy system, including, but not limited to, the name, address, and telephone number of the protection and advocacy system;
(I) Have reasonable unaccompanied access to public and private facilities, programs, and services, and recipients of services therein during normal working hours and visiting hours for other advocacy services. In the case of information and training services, access shall be at times mutually agreeable to the protection and advocacy system and facility management;
(J) Upon request, and notwithstanding any other provision of law, the designated protection and advocacy system shall be entitled to inspect and copy any records or documents, files, books, charts, or other materials which may further the system's investigation of problems affecting persons with developmental disabilities, emotional and mental health disabilities, or any other disabilities. When required by both state and federal law, any personally identifiable information of said persons with disabilities shall be removed from the records.
(d) Any individual or entity having knowledge of or reasonable cause to suspect that a person with a developmental disability, emotional and mental health disabilities, or any other disabilities, is or has been abused, neglected, or exploited may report those circumstances to the protection and advocacy system.
(e) Records maintained by the protection and advocacy system are the property of the agency, which must protect said records from loss, damage, tampering, or use by unauthorized individuals. The system must:
(i) Except as provided elsewhere in this section, keep confidential all records and information, including information contained in any automated electronic database pertaining to:
(A) Clients, to the same extent as is required under Federal or State laws for a provider of services;
(B) Individuals who have been provided general information or technical assistance on a particular matter;
(C) Identities of individuals who report incidents of abuse or neglect or furnish information that forms the basis for a determination that probable cause exists;
(ii) Obtain written consent from the client, if competent, or from their legal representative, from individuals who have been provided general information or technical assistance on a particular matter, and from individuals who furnish reports or information that forms the basis for a determination of probable cause, before releasing information to individuals not otherwise authorized to receive it.
(f) On a quarterly basis, the Department of Developmental Disabilities, the Department of Mental Health, and the Department of Public Health shall provide the protection and advocacy system all death reports of persons with disabilities who were receiving services of such state agency after a determination of eligibility or were receiving services in a facility or setting run, licensed, or funded by such agency. State agencies shall provide access to death reports more regularly with a specific request by the protection and advocacy system.
(g) Subject to confidentiality and redisclosure provisions, upon request, the protection and advocacy system shall be entitled to receive from the Department of Mental Health lists of all individuals in state operated facilities serving persons with mental health conditions who are clinically determined to be discharge-ready yet remain being held in such facilities.
(h) Nothing in this subpart shall prevent the protection and advocacy system from:
(i) Issuing a public report of the results of an investigation which maintains the confidentiality of the individuals affected or;
(ii) Reporting the results of an investigation which maintains the confidentiality of individual service recipients to responsible investigative or enforcement agencies should an investigation reveal information concerning the facility, its staff, or employees warranting possible sanctions or corrective action. This information may be reported to agencies responsible for facility licensing or accreditation, employee discipline, employee licensing or certification, or criminal prosecution.
(i) No facility or any other location which provides or has provided services to persons with developmental disabilities, emotional and mental health disabilities, or any other disabilities shall retaliate or discriminate against any person submitting a complaint to the protection and advocacy system or cooperating with the system's monitoring, investigation, or advocacy activities.
(j) (i) Prior to instituting any legal action in a federal or state court on behalf of a person with a developmental disability, emotional and mental health disabilities, or any other disabilities, or on its own behalf, the protection and advocacy system shall exhaust in a timely manner all administrative remedies when appropriate. If, in pursuing administrative remedies, the protection and advocacy system determines that any matter with respect to such person will not be resolved within a reasonable time, it may pursue alternative remedies, including the initiation of legal action.
(ii) Subsection (j)(i) of this section shall not apply to any legal action instituted to prevent or eliminate imminent serious harm to a person with a developmental disability, emotional and mental health disabilities, or any other disabilities.
(k) The authority of the protection and advocacy system set forth in this section shall not diminish its authority under federal statutes pertaining to the authority of protection and advocacy systems, or under federal rules and regulations adopted in implementation of those statutes.
SECTION 2. Section 5 of Chapter 19C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by removing subsection (4) and replacing it with the following language:
(4) If there is reasonable cause to believe that a disabled person has died as a result of abuse, immediately report said death to the commission, the general counsel, the attorney general, the district attorney for the county in which such death occurred, the state protection and advocacy system, and to the medical examiner as required by section six of chapter thirty-eight
SECTION 3. Section 72H of Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by removing subsection (5) and replacing it with the following language:
(5) if it has reasonable cause to believe that a patient or resident has died as a result of abuse, mistreatment, or neglect, immediately report such death to the attorney general, the district attorney for the county in which such death occurred, the state protection and advocacy system, and the medical examiner as required by section 3 of chapter 38; and
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[]
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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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[]
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An Act authorizing the city known as the town of Barnstable to change the use of a portion of land within Mother’s Park
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S2435
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SD2710
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-08-03T14:56:02.713'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-08-03T14:56:02.7133333'}, {'Id': 'KAD1', 'Name': 'Kip A. Diggs', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KAD1', 'ResponseDate': '2023-08-03T15:03:13.4333333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-08-03T15:03:13.4333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2435/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2435) of Julian Cyr, Kip A. Diggs and Steven George Xiarhos (by vote of the town) for legislation to authorize the city known as the town of Barnstable to change the use of a portion of land within Mother’s Park. Municipalities and Regional Government. [Local approval received]
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SECTION 1. Notwithstanding any general or special law to the contrary, and in accordance with M.G.L. c. 3, § 5A, the town council of the city known as the town of Barnstable may change the purpose of 5,803 square feet of land within Mother’s Park as shown on a plan of land titled “Approval Not Required Plan Mother’s Park 20 Phinney’s Lane” drawn by Town of Barnstable Department of Public Works dated 2/23/2023 for the purpose of making public safety improvements by reconfiguring the intersection of Phinney’s Lane and North Main Street as shown on said plan. The town of Barnstable may make minor modifications to the plan to carry out this act.
SECTION 2. As consideration for the change of purpose of the land described in section 1, the town of Barnstable shall dedicate for park purposes land of not less than 9,288 square feet within the discontinued portion of Mother’s Park Road to increase the area of Mother’s Park as shown on the plan referred to in Section 1.
SECTION 3. The town manager of the town of Barnstable may execute and record on behalf of the town any instruments necessary to carry out this act.
SECTION 4. This act shall take effect upon its passage.
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[]
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[{'Description': 'S2435 -- Barnstable', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16954&title=S2435%20--%20Barnstable'}]
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[]
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An Act amending the Nantucket Sewer Act
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S2436
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SD2716
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-08-09T12:53:34.543'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-08-09T12:53:34.5433333'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-08-09T13:14:33.1833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2436/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2436) of Julian Cyr and Dylan A. Fernandes (by vote of the town) for legislation to amend the Nantucket Sewer Act. Municipalities and Regional Government. [Local approval received]
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SECTION 1. Chapter 396 of the Acts of 2008 is hereby amended by inserting a new section 8A as follows:-
8A. Notwithstanding any provisions of Chapter 83 or any other provision of a general or special law, the Nantucket Sewer Commission is hereby authorized to adopt a regulation that allows said Sewer Commission to waive all or a portion of sewer connection fees for year-round residents who otherwise qualify for the resident tax exemption under section 5C of Chapter 59 of the General laws.
SECTION 2. This act shall take effect upon passage.
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[]
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[{'Description': 'S2436 -- Nantucket', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16964&title=S2436%20--%20Nantucket'}]
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[]
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An Act relative to the regulation of nutrient management and fertilizer in the town of Nantucket
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S2437
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SD2717
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-08-09T13:11:40.03'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-08-09T13:11:40.03'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-08-09T13:14:35.51'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2437/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2437) of Julian Cyr and Dylan A. Fernandes (by vote of the town) for legislation relative to the regulation of nutrient management and fertilizer in the town of Nantucket. Agriculture. [Local approval received]
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SECTION 1. Notwithstanding the provisions of sections 9 and 10 of chapter 262 of the Acts of 2012 or any other general or special law, the deadline for the adoption of any rule, regulation, or by-law relative to nutrient management and fertilizer guidelines adopted in the Town of Nantucket under chapter 561 of the acts of 1973, shall be extended for a period of two years after the effective date of this act. Such rule, regulation or bylaw shall not be less restrictive than regulations adopted by the department of agricultural resources under section 1 of chapter 262 and shall be done in conjunction with the University of Massachusetts Amherst Extension to ensure any regulations relative to plant nutrients are consistent with the program’s published information, educational materials and other public outreach programs relative to nutrient management and fertilizer guidelines.
SECTION 2. The act shall take effect upon passage.
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[{'Description': 'S2437 -- Nantucket', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16965&title=S2437%20--%20Nantucket'}]
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[]
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An Act amending the charter for the town of Nantucket
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S2438
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SD2718
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-08-09T16:18:32.92'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-08-09T16:18:32.92'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-08-09T16:20:03.4133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2438/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2438) of Julian Cyr and Dylan A. Fernandes (by vote of the town) for legislation to amend the charter for the town of Nantucket. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Section 2.2 of article II of the charter of the town of Nantucket, as established by chapter 289 of the acts of 1996, as amended, which is on file in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out the words “one year” and inserting in place thereof the following words:- three years.
SECTION 2. Section 2.4 of said article II of said charter is hereby amended by inserting after the words “Moderator shall appoint a clerk” the following words:- , who shall be a registered voter of the town.
SECTION 3. Subsection (b) of section 2.5 of said article II of said charter is hereby amended by inserting after the words “after the issuance of the warrant” the following words:- and make a copy of the warrant available on the town website.
SECTION 4. Subsection (c) of said section 2.5 of said article II of said charter is hereby amended by striking out the word “seven” and inserting in place thereof the following word:- fourteen.
SECTION 5. Said section 2.5 of said article II of said charter is hereby amended by inserting after subsection (c) the following new subsection:- (d) Notwithstanding any general or special law to the contrary, the Select Board shall insert in the warrant for the annual meeting all subjects the insertion of which has been requested of them in writing by fifty or more registered voters of the town and in the warrant for every special town meeting all subjects the insertion of which has been requested of them in writing by one hundred registered voters.
SECTION 6. Section 2.6 of said article II of said charter is hereby amended by inserting at the end of said section the following words:- The Moderator, in his or her sole discretion, may permit additional nonresident property owners to speak at any annual or special Town Meeting on matters before the Meeting.
SECTION 7. Paragraph (14) of subsection (d) of section 4.2 of article IV of said charter is hereby amended by striking out the words “before such warrants are submitted to the Select Board” and by inserting after the words “shall approve” the following words:- and sign.
SECTION 8. Subsection (a) of section 4.3 of said article IV of said charter is hereby amended by inserting after the words “shall appoint the” the following word:- department.
SECTION 9. Subsection (c) of section 5.4 of article V of said charter is hereby amended by inserting after the words “at least 20% of registered voters” the following words:- , as established by the Town Clerk as of March 1st of the previous year.
SECTION 10. Subsection (d) of said section 5.4 of said article V of said charter is hereby amended by striking out the numeral “7” after the words “does not resign within” and inserting in place thereof the following numeral:- 5.
SECTION 11. Said subsection (d) of said section 5.4 of said article V of said charter is hereby further amended by striking out the words “not less than 75 days after such certification date” and inserting after the words “the Select Board shall” the following words:- not less than 75 days after such certification date.
SECTION 12. Subsection (f) of said section 5.4 of said article V of said charter is hereby amended by inserting after the words “For the recall of (name” the following words:- and title.
SECTION 13. Said subsection (f) of said section 5.4 of said article V of said charter is hereby further amended by inserting after the words “Against the recall of (name” the following words:- and title.
SECTION 14. Article VI of said charter is hereby amended by striking out Section 6.6 in its entirety.
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[{'Description': 'S2438 -- Nantucket', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16971&title=S2438%20--%20Nantucket'}]
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[]
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An Act relative to the conveyance of a certain parcel of land in the city of Fall River
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S2439
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SD2637
| 193
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{'Id': 'MJR0', 'Name': 'Michael J. Rodrigues', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJR0', 'ResponseDate': '2023-05-31T13:20:14.9'}
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[{'Id': 'MJR0', 'Name': 'Michael J. Rodrigues', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJR0', 'ResponseDate': '2023-05-31T13:20:14.9'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-06-06T15:49:54.38'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-06-13T09:22:10.7366667'}]
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Bill
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By Mr. Rodrigues, a petition (accompanied by bill) (subject to Joint Rule 12) of Michael J. Rodrigues for legislation relative to the conveyance of a certain parcel of land in the city of Fall River. State Administration and Regulatory Oversight.
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SECTION 1. Notwithstanding section 5A of chapter 3 of the General Laws or any other general or special law, the Fall River Redevelopment Authority may convey to VMD Industrial FR LLC a certain parcel of land shown as Exhibit A Lot 5 on a plan of land entitled “Alta Plan of Land, Innovation Way, Fall River and Freetown MA, Assessors’ Map W-19 Lots 185 & 189, Assessors’ Map 236 Parcel 006.01, Fall River and Freetown Massachusetts,” prepared for V.M.D. Companies, LLC, by MBL Land Development and Permitting Corp., dated December 6, 2022 and the boundaries of said Exhibit A Lot 5 may be amended by the addition of the areas shown on the sheet entitled “Step 1” of said plan as “Added to Lot 5 0.87 acres)”, “Added to Lot 5 (Approximately 0.13 acres)” and “Added to Lot 5 0.80 Acres)” and by removal of the area shown on the sheet entitled “Step 3” of said plan as “Removed from Deed Restriction (1 Acre)” and the deed restriction on said Exhibit A Lot 5, as recorded in the Fall River district registry of reeds in the county of Bristol in book 07124, page 137, may be terminated. Said plan shall be recorded in the Fall River district registry of deeds in the county of Bristol.
SECTION 2. As consideration for the transfer and amendment of the boundaries of the parcel and termination of the deed restriction pursuant to section 1, a conservation restriction shall be placed upon Exhibit A Lot 5 pursuant to sections 31 and 32 of chapter 184 of the General Laws, as said parcel is amended by the removal and addition of parcels as described in section 1 and as shown as “Permanent CR Area (52.6 acres)” on the sheet entitled “Step 6” of such plan. The conservation restriction shall be granted to The Trustees of Reservations and to a public entity authorized to hold a conservation restriction pursuant to said section 32 of said chapter 184 and the conservation restriction shall continue to provide the benefits required by section 3 of chapter 266 of the acts of 2002. The conservation restriction shall be an interest in land subject to Article 97 of the amendments to the constitution of the commonwealth.
SECTION 3. Nothing in this act shall affect the applicability of chapter 131A of the General Laws to any parcel referenced in this act.
SECTION 4. This act shall take effect upon its passage.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to enable critical economic development in the city of Fall River, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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[]
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}, {'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}]
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[]
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An Act fairly reimbursing local school transportation of foster children
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S244
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SD612
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-13T17:37:20.067'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-13T17:37:20.0666667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-15T09:53:38.2433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S244/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 244) of Joanne M. Comerford and Susannah M. Whipps for legislation to fairly reimburse local school transportation of foster children. Education.
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Chapter 70 of the General Laws is hereby amended by inserting after section 10 the following section:-
Section 10A. (a) The department and the department of children and families shall jointly apply for reimbursement from the United States Department of Education, pursuant to any and all applicable federal laws, including, but not limited to the Every Student Succeeds Act, 20 USC § 6301, for the costs incurred by a school district for transportation of a child in foster care between the foster home and the child’s school of origin, if placement in that school has been determined to be in the child’s best interests. The school district shall certify its costs for such transportation on a form designated by the department for this purpose and complete the form in accordance with the department’s instructions. The department shall transmit any reimbursement amounts received from the United States Department of Education to the school district.
(b) To the extent that the United States Department of Education does not reimburse the commonwealth in full for the certified costs for such school transportation of a child in foster care, the department shall reimburse the school district for the balance of the certified costs.
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[]
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An Act to improve student and staff attendance and performance by ensuring CO2 monitoring in schools throughout the Commonwealth
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S2440
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SD2663
| 193
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-06-19T11:06:26.887'}
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[{'Id': None, 'Name': 'Eliza Coady Perez', 'Type': 3, 'Details': None, 'ResponseDate': '2023-06-19T11:06:26.9033333'}, {'Id': None, 'Name': 'Susan Perkins', 'Type': 3, 'Details': None, 'ResponseDate': '2023-06-19T11:06:26.92'}, {'Id': None, 'Name': 'Ann Marie Faust', 'Type': 3, 'Details': None, 'ResponseDate': '2023-06-19T11:06:26.92'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-09-12T15:42:31.8066667'}]
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Bill
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By Ms. Friedman (by request), a petition (accompanied by bill, Senate, No. 2440) (subject to Joint Rule 12) of Eliza Coady Perez, Susan Perkins, Ann Marie Faust and Carmine Lawrence Gentile for legislation to improve student and staff attendance and performance by ensuring CO2 monitoring in schools throughout the Commonwealth. Education.
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SECTION 1. Section 1, relative to the installation and operation of CO2 monitoring systems, provides that the Commonwealth will collect data, to the extent described in this legislation, from existing CO2 monitoring systems previously installed in a select number of schools throughout the Commonwealth. Schools that do not yet possess CO2 monitoring systems shall be required to install such monitoring systems and begin data collection on or before January 1, 2024.
For purposes of providing students and staff with a safe and healthy environment in which to learn and work, and to curtail ongoing student and staff absences related to illness, provisions of this legislation shall apply to all public schools with students between grades K-12 on or before January 1, 2024.
SECTION 1(a): for purposes of this section and sections 2 through 4 inclusive of this act:
(1) “school facility” means any permanent building or portable structure, building, or commercial space owned, rented, operated, leased by a local or regional board of education, including, but not limited to, donated space being used as a classroom or any other space for educational services, including, but not limited to, classrooms, cafeterias, staff lounges, staff offices, auditoriums, gymnasiums, libraries, restrooms, and spaces providing multiple purposes.
(2) “hours of school activity” means any time throughout the day when students, staff and community members occupy a school facility.
(3) “multipurpose spaces” means rooms and spaces within an educational setting that can be or are used for multiple purposes, including but not limited to meetings, instructional activities, dining, and social gatherings.
(4)“CO2 monitoring system” is an instrument for the measurement of carbon dioxide gas and PM2.5 (Particulate Matter less than 2.5 microns in size).
(5) “portable HEPA filters” means portable High Efficiency Particulate Air filters.
(6)“small particulate matter” means inhalable particles that are less than 10 microns in size (PM10) and less than 2.5 microns in size (PM2.5), as defined by the Environmental Protection Agency.
(7) “allergen” means a substance that causes an allergic reaction.
(8) “Far-UV disinfection systems” mean Ultraviolet Germicidal Irradiation (UVGI) lamps. UVGI lamps are low-pressure mercury lamps in air ducts of ventilation systems or fixed fixtures in the upper portion of rooms that kill or inactivate airborne and surface microorganisms.
(9)“Mechanical ventilation unit” means the intentional fan-driven flow of outdoor air into a building.
(10)“ventilation verification assessment” means an assessment performed by certified third-party ventilation contractors to inspect, repair and test all ventilation systems to determine proper functioning of all components of systems used to mechanically and naturally ventilate occupied spaces including but not limited to HVAC and mechanical windows so that measured results meet or exceed design capacity and standards for acceptable air quality.
(11) “district officials” means those in authority who have responsibility for the safety, welfare, and orderly conduct of the District and campus community, or who have had such authority and responsibility delegated to them, including trustees, officers, faculty and administrative staff.
(12) “certified third-party ventilation contractors” means licensed and certified professionals and companies such as mechanical engineer, aerosol engineer, HVAC contractors and air testing and balancing firms, that can perform the analysis, testing, design, construction, control programming, balancing, commissioning, maintenance and operation of services required to make the adjustments and achieve the performance included in these recommendations.
(13) “ACH” means Air changes per hour (ACH): The total volume of air that flows through a room in 1 h (cubic meters per hour) divided by the room volume in cubic meters. A = Q/V, where A is air changes per hour, Q is the air volume that flows through the room in 1 h, and V is the volume of the room.
(14) “aerosol engineer” means a person specialized in the study of aerosols.
(15) “aerosols” mean solid particles or liquid droplets dispersed in a gas phase, with sizes spanning from clusters of molecules (nanometers) to rain droplets (millimeters).
(16) “PM2.5” means fine inhalable particles, with diameters that are generally 2.5 micrometers and smaller.
(17) “accessible database” means a database accessible via a public website that contains the real time and historical data produced by CO2 monitoring systems and the status of any engineering upgrades or mitigations.
(18) “HVAC contractors” means a certified professional or company who services and repairs ventilation systems.
(19) “air testing and balancing firms” means a certified professional or company who identify operating problems in HVAC systems and recommend appropriate procedures to correct them to ensure optimum performance of all systems and sub-systems in accordance with design intent
SECTION 2. Relative to data collected via each CO2 monitor contained within any given school facility throughout the commonwealth. Real time and historical data and all engineering and balancing reports produced by and collected from CO2 monitors is to be made available to parents, guardians, third-party ventilation contractors, state officials, and constituent groups or organizations via an accessible database. Data obtained via CO2 monitors will be used to assess the safety of air quality and ventilation adequacy within each school facility Standards for acceptable air quality are defined herein:
1) CO2 Levels in each classroom and multipurpose space are continuously measured at or below 600 ppm and PM2.5 at or below 12 μg/m3 while the building is occupied.
2) Ventilation systems will maintain an average of 12 ACH while the building is occupied.
3) Far-UV installed in pre-existing ventilation systems; OR Upper-UV installed in each classroom or multipurpose space at a distance of at least 8 feet above the ground.
4) MERV13 filters will be installed and maintained in each existing HVAC system reliant on interchangeable filters.
5) Portable HEPA filters deemed appropriate for room size and occupancy by a certified third-party ventilation contractor placed in each classroom in the “ON” position at all times during regular school hours.
6) HVAC/Ventilation systems run continuously while the building is occupied and are to remain in the “ON” position rather than “AUTO.”
SECTION 3. Relative to the adequate filtration of air within school facilities. The commonwealth shall provide:
(a) portable HEPA air filters to be placed in each K-12 classroom, health office, library, cafeteria, multipurpose area. Portable HEPA air filters serve the purpose of physically removing small particulate matter and allergens.
(b) Far-UV disinfection systems for classrooms, cafeterias, auditoriums, hallways, health offices, and all multipurpose spaces. Far-UV systems work to decrease the proliferation of mold spores, mildew, bacteria and respiratory pathogens that lead to common upper respiratory tract infections, resulting in potential increased absenteeism amongst school aged children and school facility employees.
(c) MERV13 filters for all existing HVAC systems within school buildings.
SECTION 4. Relative to minimum requirements for ventilation in indoor spaces. School districts across the commonwealth are required to maintain two properly functioning windows per classroom. Classrooms located within interior areas of a school facility that do not possess two functioning windows are required to install a mechanical ventilation unit in order to meet minimum air quality and ventilation requirements.
School districts throughout the commonwealth will be required to undergo a ventilation verification assessment. A ventilation verification assessment will provide a review of current systems, and/or recommendations for mechanical ventilation implementation as needed on a case by case basis including incidents in which Standards for Acceptable Air Quality are not met. Data collected during the ventilation verification assessment shall be made available to impacted families, students, school personnel, and district officials.
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[]
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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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[]
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An Act relative to the sale of all alcoholic beverages to be drunk on the premises in the town of Topsfield
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S2441
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SD2720
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-08-03T16:08:06.223'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-08-03T16:08:06.2233333'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-08-03T16:11:16.97'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-08-03T16:11:16.97'}]
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2441) of Bruce E. Tarr, Sally P. Kerans and Kristin E. Kassner (by vote of the town) for legislation relative to the sale of all alcoholic beverages to be drunk on the premises in the town of Topsfield. Consumer Protection and Professional Licensure. [Local approval received]
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SECTION 1. Chapter 315 of the Acts of 2014, “An Act Relative to the Sale of All Alcoholic Beverages to the Drunk on the Premises in the Town of Topsfield" is hereby amended by inserting after the word “beverages” in the first sentence of section 1, the following words:- or only wine and malt beverages.
SECTION 2. Section 1 of said Chapter 315 is hereby further amended by inserting after the word “Bylaws” the following words:- , or to entities with or without a common victuallers license and operating as a Pub Brewery, Tavern or Beverage Manufacturing facility, as defined in the town’s zoning Bylaws.
SECTION 3. Section 1 of said Chapter 315 is hereby further amended by inserting after the word “law” in the third sentence, the following words:- , except for a license from the Alcoholic Beverages Control Commission for activities maintained on the same property as the licensed premises.
SECTION 4. This act shall take effect upon its passage.
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[{'Description': 'S2441 -- Topsfield', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16979&title=S2441%20--%20Topsfield'}]
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[]
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An Act ensuring transparent ticket pricing
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S2442
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SD2454
| 193
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-26T16:13:25.557'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-26T16:13:25.5566667'}, {'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-26T17:13:59.8233333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-27T13:38:12.56'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2442/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2442) (subject to Joint Rule 12) of John C. Velis, Daniel R. Carey and Jacob R. Oliveira for legislation to ensure transparent ticket pricing. Consumer Protection and Professional Licensure.
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Chapter 140 of the General Laws is amended by adding after section 182A the following new section:
Section 182B. Every licensed operator or operator's agent of a place of entertainment, any licensee or other ticket reseller, or platform that facilitates the sale or resale of tickets for admission or other evidence of right of entry to any theatrical exhibition, public show or public amusement or exhibition required to be licensed by sections one hundred eighty-one and one hundred eighty-two to which a price is charged shall disclose the total cost of the ticket, inclusive of all ancillary fees that must be paid in order to purchase the ticket, and disclose in a clear and conspicuous manner the total price of the ticket and the portion of the ticket price stated in dollars that represents a service charge, or any other fee or surcharge to the purchaser. Such disclosure of the total cost and fees shall be displayed in the ticket listing prior to the ticket being selected for purchase. Disclosures of subtotals, fees, charges, and any other component of the total price shall not be false or misleading, and must be presented in the same size as the total price. The price of the ticket shall not increase during the purchase process, excluding reasonable fees for the delivery of non-electronic tickets based on the delivery method selected by the purchaser, which shall be disclosed prior to accepting payment therefor.
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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 Erin Keel, an employee of the Executive Office of Health and Human Services
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S2443
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SD2732
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-08-18T15:22:33.733'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-08-18T15:22:33.7333333'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-08-22T14:53:29.35'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2443/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2443) (subject to Joint Rule 12) of Michael F. Rush and William F. MacGregor for legislation to establish a sick leave bank for Erin Keel, an employee of the Executive Office of Health and Human Services. Public Service.
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Notwithstanding any general or special law to the contrary, the Executive Office of Health and Human Services shall establish a sick leave bank for Erin Keel, 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 Erin Keel. Whenever Erin Keel 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 create a sick leave bank for Erin Keel, 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': []}]
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An Act providing for recall elections in the town of Granby
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S2444
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SD2744
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-08-25T11:14:08.803'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-08-25T11:14:08.8166667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-09-05T10:20:17.1966667'}, {'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-08-30T11:16:26.5966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2444/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 2444) of Jacob R. Oliveira, Daniel R. Carey and Mindy Domb (by vote of the town) for legislation to provide for recall elections in the town of Granby. Election Laws. [Local approval received]
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SECTION 1. Any holder of an elective office in the town of Granby may be recalled therefrom by registered voters of the town as hereinafter provided. No recall petition shall be filed against an officer within 6 months after the officer takes office nor, in the case of an officer subjected to a recall election and not recalled thereby, until at least 6 months after the election at which such officer’s recall was submitted to the voters.
SECTION 2. (a) One hundred or more registered voters of the town of Granby may initiate a recall petition by filing an affidavit with the town clerk. The affidavit shall contain the name of the officer and the office held sought to be recalled and a statement of the grounds of recall.
(b) The select board may appoint a temporary town clerk to handle the recall process and election if the town clerk is the elected official subjected to the recall.
(c) The town clerk shall, within 7 business days following the date of such filing under subsection (a), certify in writing thereon the number of signatures which are names of voters in the town as of the date of such affidavit was filed with the town clerk.
SECTION 3. Upon certification by the town clerk, the clerk shall, within 7 business days, deliver to the voter first named on such affidavit, a sufficient number of copies of petition blanks demanding such recall and shall maintain printed forms to be made available. The blanks shall: (i) be issued by the clerk and bear the clerk’s signature and official seal attached thereto; (ii) be dated and addressed to the select board; (iii) contain the name of the person sought to be recalled, the office from which the recall is sought and the grounds of recall as stated in the affidavit; and (iv) demand the election of a successor to such office.
A copy of the petition shall be entered in a record book to be kept in the office of the clerk. Said recall petition shall be returned and filed with the clerk within 28 days following the issuance of said petition. If the town hall is not open on the twenty-eight day, the petition may be filed during normal business hours on the next town hall business day. The petition, before being returned and filed, shall be signed by qualified voters of the town equal in number to at least 25 per cent of the qualified voters of the town as of the date the affidavit was filed with the clerk. Every signature must be accompanied by the signer’s place of residence, giving the street and number. The clerk shall, within 7 business days following the date of such filing, submit the recall petition to the board of registrars of voters. The board of registrars shall, within 5 business days after the receipt, certify in writing thereon the number of signatures which are names of voters in the town as of the date of such affidavit was filed with the clerk. The board shall, upon completion of its certification, return the petition to the clerk.
SECTION 4. If the petition shall be found and certified by the board of registrars of voters to be sufficient, the town clerk shall forthwith submit it with the clerk’s certificate therein to the select board without delay. The select board shall forthwith give written notice to said elected officer whose recall is being sought of the receipt of said certificate and, if the officer sought to be removed does not resign within 7 calendar days, shall thereupon order a recall election to be held on a day fixed by them not less than 64 days nor more than 90 days after the date of the clerk’s certificate that a sufficient petition is filed. However, if any other town election is to occur within 100 days after the date of said certificate, the select board may, at their discretion, postpone the holding of the recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been so ordered, the election shall nevertheless proceed as in this section provided.
SECTION 5. The reasons for which a recall may be initiated include but are not limited to:
(i) insobriety while performing official functions, involuntary commitment to a mental health facility, being placed under guardianship or conservatorship by a probate court;
(ii) conviction of a felony involving moral turpitude, bribery or extortion;
(iii) repeated absences from meetings without just cause; provided, however, that "just cause” shall include, but not be limited, to illness or regular vacation periods; and
(iv) performance of official acts in an unlawful manner or a willful violation of the conflict of interest law, open meeting law or other ethical violations.
SECTION 6. The incumbent shall continue to perform the duties of the office until the recall election. If the official is not recalled, the incumbent shall continue in the office for the remainder of the unexpired term, subject to recall as before, except as provided in this act. If the official is recalled in the recall election, the official shall be deemed removed upon the election of their successor, who shall hold office during the unexpired term. If the successor fails to take office within 5 days after receiving notification of their election, the incumbent shall thereupon be deemed removed and the office vacant.
SECTION 7. Ballots used in a recall election shall submit the following propositions in the order indicated:
For the recall of (name of official)
Against the recall of (name of official)
Immediately at the right of each proposition, there shall be an oval above which reads “vote for one”. The voter, by filling in said oval, may vote for either of such propositions. Under the propositions shall appear the word ‘Candidates” and the direction “vote for one” and beneath this the names of candidates nominated as hereinbefore provided. In case of other forms of balloting, appropriate provisions shall be made to allow the same intent of the voter.
If a majority of the votes cast on the recall question is in the affirmative, then the candidate who received the highest number of votes in the special election to fill the vacancy shall be elected. If a majority of votes on the question is in the negative, the ballot for candidates need not be counted.
SECTION 8. Any elected official sought to be recalled shall not be a candidate to succeed themself. The nomination of candidates, the publication of the warrant for the recall election and the conduct of the same shall all be in accordance with the provisions of law relating to elections unless otherwise provided by this act.
SECTION 9. Any person who has been removed from an office or who has resigned from office while recall proceedings were pending against them shall not be appointed to any town office within 2 years after such removal or such resignation.
SECTION 10. This act shall take effect upon its passage.
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[{'Description': 'S2444 -- Granby', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=17053&title=S2444%20--%20Granby'}]
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[]
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An Act relative to real property in Lowell
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S2445
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SD2731
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-08-21T10:20:37.643'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-08-21T10:20:37.6433333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-10-16T15:22:52.1566667'}]
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Bill
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By Mr. Kennedy, a petition (accompanied by bill) (subject to Joint Rule 12) of Edward J. Kennedy for legislation relative to the University of Massachusetts and a certain easement located in the city of Lowell. State Administration and Regulatory Oversight.
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SECTION 1. Notwithstanding sections 32 to 37, inclusive, of chapter 7c of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, with the consent and approval of the University of Massachusetts Lowell, may convey to National Grid, or its affiliates, a non-exclusive easement to permit the installation of a geothermal wellfield and associated accessory equipment and uses on the parcels of land located at 813 Broadway Street, as described in the deed recorded at the Middlesex North Registry of Deeds in Book 1663 page 241; and 100 Wilder Street, as described in the deed recorded at the Middlesex North Registry of Deeds in Book 1922 page 246.
SECTION 2. The grantee shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, appraisals, surveys and deed preparation related to the conveyance authorized in this section as such costs may be determined by the commissioner of capital asset management and maintenance.
SECTION 3. Consideration for the conveyance of the easement pursuant to section 1 shall be the greater of: (i) the full and fair market value; or (ii) the value in proposed use. Any independent appraisal of the fair market value and value in proposed use of the easement described in section 1 shall be prepared in accordance with the usual and customary appraisal practices by a qualified appraiser commissioned by the commissioner.
SECTION 3. The cash proceeds of the sale, lease, transfer, or other disposition of the easement rights described in section 1, or portions thereof pursuant to this act, shall be deposited into an expendable trust established pursuant to section 6 of chapter 6A of the General Laws and 801 CMR 50.00. Proceeds in the trust may be expended for costs associated with activities and capital investments by the University of Massachusetts Lowell to align the campus with the goals and objectives of Chapter 8 of the Acts of 2021, “An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy” and Executive Order 594: Leading By Example: Decarbonizing and Minimizing Environmental Impacts of State Government.
SECTION 4. The provisions of this act shall take effect upon 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 authorizing voluntary contributions to the Massachusetts Fire Fighters Academy Trust Fund
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S2446
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SD2455
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-30T14:54:39.197'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-30T14:54:39.1966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2446/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill) (subject to Joint Rule 12) of Jacob R. Oliveira for legislation to authorize voluntary contributions to the Massachusetts Fire Fighters Academy Trust Fund. Revenue.
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Chapter 62 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting, after section 6N, the following section:-
Section 6O. Every individual who files a separate return and every husband and wife filing a return jointly may voluntarily contribute all or part of any refund to which they are entitled or may voluntarily add an amount onto any amount due, to be credited to the Massachusetts Firefighters Academy Trust established pursuant to section 165A of chapter 6.
A contribution made under this section may be with respect to any taxable year at the time of filing a return of the tax established by this chapter for such taxable year; provided, however, that the commissioner shall prescribe the manner in which such contribution shall be made on the face of the return required by section 5 of chapter 62C, provided further that the commissioner shall assure that taxpayers filing any such forms are made clearly aware of their ability to make the contributions provided for by this section.
The commissioner shall annually report the total amount designated under this section to the state treasurer, who shall credit such amount to said Massachusetts Firefighters Academy Trust.
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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 protecting against attempts to ban, remove, or restrict library access to materials
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S2447
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SD2679
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-06-29T16:52:05.817'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-06-29T16:52:05.8166667'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-06-30T17:01:30.27'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-07-10T15:58:43.1866667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-07-12T10:34:47.9233333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-07-12T10:34:34.4566667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-07-13T10:54:28.4133333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-07-13T10:53:56.6233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-10-05T19:06:44.3133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2447/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill) (subject to Joint Rule 12) of Jacob R. Oliveira and Aaron L. Saunders for legislation to protect against attempts to ban, remove, or restrict library access to materials. Tourism, Arts and Cultural Development.
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SECTION 1. Section 10 of chapter 78 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 8, the words “male or female,”.
SECTION 2. Said section 10 of said chapter 78, as so appearing, is hereby further amended by striking out, in line 13, the word “chairman” and inserting in place thereof the following word:- chair.
SECTION 3. Section 11 of said chapter 78, as so appearing, is hereby amended by adding the following sentence:- The board shall implement standards adopted by the American Library Association, including, but not limited to, its Library Bill of Rights, and shall, subject to appropriation, appropriate funding to support the expansion of access to library materials as necessitated by said standards.
SECTION 4. Section 14 of said chapter 78, as so appearing, is hereby amended by striking out, in line 5, the word “his” and inserting in place thereof the following words:- the member’s.
SECTION 5. Said section 14 of said chapter 78, as so appearing, is hereby further amended by striking out, in line 13, the word “chairman” and inserting in place thereof the following word:- chair.
SECTION 6. Said section 14 of said chapter 78, as so appearing, is hereby further amended by striking out, in lines 18 and 21, the word “his” and inserting in place thereof, in each instance, the following word:- their.
SECTION 7. Said section 14 of said chapter 78, as so appearing, is hereby further amended by striking out, in line 19, the word “him” and inserting in place thereof the following words:- the director.
SECTION 8. Said section 14 of said chapter 78, as so appearing, is hereby further amended by striking out, in line 22, the word “him” and inserting in place thereof the following words:- the deputy director.
SECTION 9. Section 15 of said chapter 78, as so appearing, is hereby amended by inserting after the word “library”, in line 6, the following words:- in accordance with standards adopted by the American Library Association including, but not limited to, its Library Bill of Rights.
SECTION 10. Section 19A of said chapter 78, as so appearing, is hereby amended by inserting after the word “board”, in line 5, the following words:- , which shall include, but not limited to, adhering to the American Library Association’s Library Bill of Rights. If a town or city does not follow these criteria and if the city or town takes action to ban materials and library access, they lose access to the State Aid.
SECTION 11. Section 19E of said chapter 78, as so appearing, is hereby amended by adding the following paragraph:-
To expand access to resources. The board shall adopt and offer guidelines consistent with the standards adopted by the American Library Association including, but not limited to, its Library Bill of Rights.
SECTION 12. Section 33 of said chapter 78, as so appearing, is hereby amended by inserting after the word “establish”, in line 3, the following words:- and implement.
SECTION 13. Said section 33 of said chapter 78, as so appearing, is further amended by inserting after the word “Association”, in line 6, the following words:- including, but not limited to, its Library Bill of Rights
SECTION 14. Said chapter 78 is hereby further amended by adding the following 2 sections: -
Section 35. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Book Access Fund, that will be allocated to cities or towns that have challenged the banning of books. The board of library commissioners shall administer allocation to the treasurer of cities or towns. Notwithstanding any general or special law to the contrary, there shall be credited to the fund any revenue subject to appropriations or other money authorized by the general court and specifically designated to be credited to the fund. Expenditures made from the fund shall complement and not replace existing local, state, private or federal funding. Amounts credited to the fund shall be expended, without further appropriation, including but not limited to increasing collections of books, staff training, and supporting programming that expand access to library materials. The board of library commissioners shall promulgate guidelines as necessary to implement this section.
Section 36. The board of library commissioners shall promulgate rules and regulations to:
(i) implement the American Library Association’s Library Bill of Rights;
(ii) provide library service for every citizen in the commonwealth by extending library facilities to underserved areas;
(iii) provide library materials to meet the needs of students at every educational level;
(iv) provide adequate library materials to satisfy the reference and research needs of the citizens of the commonwealth;
(v) provide an adequate staff of professionally- trained librarians for the commonwealth;
(vi) ensure that materials are not to be removed because of partisan or doctrinal and develop a written statement declaring the inherent authority of the library or library system to provide an adequate collection stock of books and other materials sufficient in size and varied in kind and subject matter to satisfy the needs of the citizens of the Commonwealth and prohibit the practice of banning specific books or resources;
(vii) provide adequate library outlets and facilities with convenient locations and hours of operation to serve the citizens of the commonwealth;
(viii) encourage existing and new libraries to develop library systems serving a sufficiently large population to support adequate library service at a reasonable cost; and
(ix) foster the economic and efficient utilization of public funds.
SECTION 15. The board of library commissioners shall submit a report on the banning of books in the commonwealth and its impact on communities along with recommendations, if any, on how to ensure the expansion of library materials and protect against attempts to ban, remove, or otherwise restrict access to books or other materials to the clerks of the senate and house of representative, joint committee on municipalities and regional government, and the senate and house committee on ways and means.
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Whereas, The deferred operation of this act would tend to defeat its purposes, which are to protect against attempts to ban, remove or restrict library access to materials, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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[]
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[{'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 authorizing the City of Newton to prohibit the application of second generation anti-coagulant rodenticides within its borders
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S2448
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SD2771
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-09-28T14:31:36.827'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-09-28T14:31:36.8266667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-09-28T14:32:14.6633333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-09-28T14:32:14.6633333'}, {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-09-28T14:32:14.6633333'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2448) of Cynthia Stone Creem, Ruth B. Balser, Kay Khan and John J. Lawn, Jr. (with approval of the mayor and city council) for legislation to authorize the City of Newton to prohibit the application of second generation anti-coagulant rodenticides within its borders. Environment and Natural Resources. [Local Approval Received.]
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SECTION 1. Notwithstanding chapter 132B of the general laws or any other general or special law to the contrary, the City of Newton may by ordinance prohibit the application of second generation anti-coagulant rodenticides within the City of Newton, including application of such pesticides by licensed commercial applicators as defined in 333 C.M.R. 10.00.
SECTION 2. This act shall take effect upon its passage.
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[{'Description': 'S2448 -- Newton', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=17119&title=S2448%20--%20Newton'}]
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[]
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An Act relative to property rights
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S2449
| 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': '2023-10-02T10:35:36.44'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T16:56:55.66'}]
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Bill
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Senate, October 2, 2023 - The committee on Ways and Means to whom was referred Senate Bill relative to property rights (Senate, No. 2430); reports, recommending that the same ought to pass with an amendment substituting a new draft, with the same title (Senate, No. 2449).
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SECTION 1. Section 1 of chapter 79 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the second sentence the following sentence:- Any such order of taking shall provide a right of first refusal to purchase the property to the owner from whom the property is being taken if the board of officers seeks to dispose of the property for a purpose other than that stated in the order of taking.
SECTION 2. Said chapter 79 is hereby further amended by inserting after section 3 the following section:-
Section 3A. If property taken by eminent domain by a board of officers upon whom authority to take real estate by eminent domain on behalf of any body politic or corporate has been conferred by law is not being used for the purpose stated in the order of taking recorded pursuant to section 3, the board of officers shall engage in good faith negotiations with the owner from whom the land was taken to amend the original order of taking. Any such amendment shall be signed by both parties and filed in the proper registry district. If a body politic or corporate seeks to dispose of property taken by eminent domain for a purpose other than that stated in the order of taking, the owner from whom the property was taken, or their heirs or assignees, shall be given the right of first refusal to purchase the property back from the body politic or corporate.
SECTION 3. Section 3A of chapter 79 of the General Laws shall apply to real property currently held by a body politic or corporate taken by eminent domain.
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[{'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'S31', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/S31'}, 'Votes': []}]
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An Act prohibiting the use of Native American mascots by public schools in the Commonwealth
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S245
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SD857
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T15:16:39.727'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T15:16:39.7266667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-24T09:34:36.1233333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-27T09:41:16.2266667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-27T09:41:41.5633333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-02T17:08:09.6233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-09T17:28:23.5166667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-01T14:29:20.2833333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:41:26.8433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T11:20:03.15'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:40:22.8066667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-02-02T12:18:26.6233333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-06T13:14:52.9666667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-25T14:03:37.7466667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-07-11T14:36:34.1166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S245/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 245) of Joanne M. Comerford, Jack Patrick Lewis, Patricia D. Jehlen, Michael J. Barrett and other members of the General Court for legislation to prohibit the use of Native American mascots by public schools in the Commonwealth. Education.
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Chapter 71 of the General Laws is hereby amended by inserting after section 98 the following section:-
Section 99. (a) The board of elementary and secondary education shall promulgate regulations to ensure that no public school uses an athletic team name, logo, or mascot which names, refers to, represents, or is associated with Native Americans, including aspects of Native American cultures and specific Native American tribes, or which denigrates any racial, ethnic, gender, or religious group. The board shall establish a date by which any school in violation of said regulations shall choose a new team name, logo, or mascot.
(b) Notwithstanding subsection (a), a public school may continue to use uniforms or other materials bearing their prohibited athletic team name, logo, or mascot that were purchased before a date prescribed by the board if all of the following requirements are met:
(1) The school selects a new school or athletic team name, logo, or mascot;
(2) The school refrains from purchasing or acquiring, for the purpose of distribution or sale to pupils or school employees, any uniform that includes or bears their prohibited team name, logo, or mascot;
(3) The school refrains from purchasing or acquiring, for the purpose of distribution or sale to pupils or school employees, any yearbook, newspaper, program, or other similar material that includes or bears the prohibited school or athletic team name, logo, or mascot in its logo, cover, or title;
(4) The school refrains from purchasing or constructing a marquee, sign, or other new or replacement fixture that includes or bears the prohibited school or athletic team name, logo, or mascot. This paragraph applies to facilities that bear the prohibited school or athletic team name, logo, or mascot, in which case the school shall remove the prohibited name, logo or mascot no later than the next time the associated part of the facility is replaced in the normal course of maintenance.
(c) This section shall not prohibit a Native American tribe, as identified by the commission on Indian affairs, located within the boundaries of the commonwealth, from choosing to use a Native-related name or logo for a sports team comprised of its tribal members, including a tribal school or intramural league, or from that tribal nation giving explicit consent for a school to use their particular tribal name.
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An Act relative to forfeiture reform
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S2450
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SD2531
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-03-24T11:33:51.613'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-03-24T11:33:51.6133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2450/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill) (subject to Joint Rule 12) of Cynthia Stone Creem for legislation relative to forfeiture reform. The Judiciary.
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SECTION 1. Section 47 of chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is amended by striking out subsection (d) and inserting in place thereof the following subsection:-
(d) A district attorney or the attorney general may petition the superior court in the name of the commonwealth in the nature of a proceeding in rem to order forfeiture of a conveyance, real property, moneys or other things of value exceeding $250 subject to forfeiture under the provisions of subparagraphs (3), (5), and (7) of subsection (a). Such petition shall be filed in the court having jurisdiction over said conveyance, real property, monies or other things of value or having final jurisdiction over any related criminal proceeding brought under any provision of this chapter. In all such suits where the property is claimed by any person, other than the commonwealth, the commonwealth shall have the burden of proving to the court by a preponderance of the evidence that the property is forfeitable. The owner of said conveyance or real property, or other person claiming thereunder shall have the burden of proof as to all exceptions set forth in subsections (c) and (i).
The court shall order the commonwealth to give notice by certified or registered mail to the owner of said conveyance, real property, moneys or other things of value and to such other persons as appear to have an interest therein, and the court shall promptly, but not less than two weeks after notice, hold a hearing on the petition. A criminal defendant represented by public counsel in any criminal trial related to the violation of this chapter shall be entitled to continued public counsel representation at the hearing on the petition to order a forfeiture. A property owner who is not a criminal defendant shall be entitled to public counsel to the extent that individual satisfies the requirements for indigency under section 2 of chapter 211D. Upon the motion of the owner of said conveyance, real property, moneys or other things of value, the court shall continue the hearing on the petition pending the outcome of any criminal trial related to the violation of this chapter. At such hearing the court shall hear evidence and make conclusions of law, and shall thereupon issue a final order, from which the parties shall have a right of appeal. In all such suits where a final order results in a forfeiture, said final order shall provide for disposition of said conveyance, real property, moneys or any other thing of value by the commonwealth or any subdivision thereof in any manner not prohibited by law, including sale at public auction or by competitive bidding. The proceeds of any such sale may be used to pay the reasonable expenses of storage, maintenance of custody, advertising, and notice, and the balance thereof shall be distributed as further provided in this section.
The final order of the court shall provide that said moneys and the proceeds of any such sale shall be deposited in the general fund. Forfeited property received from another jurisdiction, including the federal government, shall be transferred to the office of the state treasurer, sold by the treasurer or designee, and deposited in the general fund. Proceeds from the sale of forfeited property received from another jurisdiction, including, but not limited to, the federal government, shall be transferred to the office of the state treasurer and deposited in the general fund.
SECTION 2. Said section 47 of said chapter 94C, as so appearing, is amended by striking out in subsection (f)(2), in lines 197-203, the following words:- The office of seized property management may receive initial funding from the special law enforcement trust funds of the attorney general and each district attorney established pursuant to subsection (d) and shall subsequently be funded by a portion of the proceeds of each sale of such managed property to the extent provided as payment of reasonable expenses in subsection (d).
SECTION 3. Said section 47 of said chapter 94C, as so appearing, is amended by striking out subsection (k) and inserting in place thereof the following subsection:-
(k) The attorney general, each district attorney and each police department shall file an annual report with the executive office of administration and finance and the house and senate committees on ways and means detailing all assets, monies and proceeds from assets seized pursuant to this section. The report shall provide itemized accounting for all assets, monies and proceeds from assets within the following asset categories: cash, personal property, conveyances and real property, including any property disposed of by the office of seized property management. The report shall be filed not later than January 31 for the preceding calendar year and shall be a public record.
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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 increasing opportunities for employment in professional licensure
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S2451
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SD2536
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-03-27T14:17:34.403'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-03-27T14:17:34.4033333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-03-28T11:31:53.8533333'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-04-26T15:23:09.3266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2451/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill) (subject to Joint Rule 12) of Cynthia Stone Creem, Liz Miranda and Estela A. Reyes for legislation to further regulate professional and occupational licensing. Consumer Protection and Professional Licensure.
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SECTION 1. Section 172 of chapter 6 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting, after the word “entity”, in line 27, the following words:- , subject to section 172N.
SECTION 2. Said chapter 6 is hereby amended by striking out section 172N, as so appearing, and inserting in place thereof the following 2 sections:-
Section 172N. (a) For the purposes of this section, “licensing authority” shall include any agency, examining board, credentialing board or other office or commission, including boards supervised by the commissioner of professional licensure, with the authority to impose occupational fees or licensing requirements on a profession.
(b) Notwithstanding any other provision of law, a licensing authority shall not automatically bar an individual from a professional or occupational license because of a criminal record. A licensing authority shall provide individualized consideration of an individual’s circumstances as described in subsections (d) and (e) to deny, diminish, suspend, revoke, withhold or otherwise limit a professional or occupational license.
(c) Notwithstanding any general or special law to the contrary, a licensing authority shall not consider, nor require an individual to disclose:
(1) a deferred adjudication, including but not limited to a continuance without a finding, participation in a diversion program or an arrest not followed by a conviction;
(2) a conviction for which no sentence of incarceration may be imposed;
(3) a conviction that has been sealed, annulled, dismissed, vacated, set aside, expunged or pardoned;
(4) a juvenile adjudication;
(5) a non-violent misdemeanor;
(6) a conviction that occurred more than 3 years prior to the date of the licensing authority’s consideration or where the individual’s incarceration ended more than 3 years before the date of the licensing authority’s consideration, except for a conviction of:
(i) a crime punishable by imprisonment for a term exceeding 2 and a half years, or any act of juvenile delinquency involving the use or possession of a deadly weapon that would be punishable by imprisonment for such term if committed by an adult, that (A) has as an element involving the use, attempted use or threatened use of physical force or a deadly weapon against the person of another; (B) is burglary, extortion, arson or kidnapping; (C) involves the use of explosives; or (D) resulted in death, bodily injury, or serious bodily injury with malice aforethought;
(ii) a felony related to a sex offense, a sex offense involving a child or a sexually violent offense as defined in section 178C; or
(iii) a felony related to criminal fraud pursuant to section 1 of chapter 267 or embezzlement pursuant to chapter 266.
(d)(1) A licensing authority may deny, diminish, suspend, revoke, withhold or otherwise limit a professional or occupational license only if the licensing authority determines, by clear and convincing evidence, that:
(i) First, an individual’s non-excluded criminal record directly relates to the duties and responsibilities of the profession or occupation.
(ii) Second, if an individual’s non-excluded criminal record is directly related to the duties and responsibilities of the profession or occupation, the licensing authority must then determine if the interest of the licensing authority in protecting the public, an individual or property from harm outweighs the individual’s right to hold the professional or occupational license.
(iii) Third, if the licensing authority determines that the interest in protecting the public, an individual or property from harm outweighs the individual’s right to hold the professional or occupational license, then the licensing authority shall determine if the applicant has failed to be rehabilitated.
(2) The licensing authority shall bear the burden of proof to establish evidence of clauses (i) to (iii), inclusive.
(e) If the applicant’s criminal record is directly related to the performance, duties, responsibilities, practices or functions of the profession, the licensing authority shall consider the following factors, in a light most favorable to the applicant, to demonstrate evidence of rehabilitation:
(1) the age of the individual at the time of the offense;
(2) the length of time since the offense;
(3) the completion of a criminal sentence, not including financial obligations;
(4) a certificate of rehabilitation, restoration of rights or good conduct;
(5) completion of, or active participation in, rehabilitative drug or alcohol treatment or similar programs;
(6) testimonials and recommendations, including, but not limited to, progress reports from the individual’s probation or parole officer;
(7) other evidence of rehabilitation;
(8) education and training;
(9) employment history;
(10) the individual’s responsibilities, including civic and community engagement or family contributions;
(11) whether the individual will be bonded in the occupation; and
(12) other information that the individual submitted to the licensing authority including mitigating circumstances.
(f) The licensing authority shall make its decision using the criteria and process described in subsections (b) to (e), inclusive. The licensing authority shall issue and send a decision to the applicant on the petition not later than 60 days after the licensing authority receives the petition or, if a hearing is held, not later than 90 days after the licensing authority receives the petition. The decision shall be made in writing and include a copy of any criminal record report that the licensing authority reviewed. If the licensing authority determines that an occupational or professional license should not be granted because of the criminal conviction of an applicant, the decision shall set forth the reasons for the determination which shall address each of the factors in subsection (e) that the licensing authority deemed relevant to the determination.
(g)(1) An individual with a criminal record may petition a licensing authority at any time, including before obtaining any required personal qualifications or applying for a license, for a decision as to whether the individual’s criminal record is directly related to the profession and that criminal record would disqualify the individual from obtaining a professional or occupational license. The licensing authority may charge a fee to the petitioner to recoup costs related to the petition, not to exceed $100 for each petition. If the petitioner’s income is at or below 250 per cent of the federal poverty level used to determine indigency by the trial court of the commonwealth, the fee shall be waived.
(2) The petitioner shall include in the petition an authorization for the licensing authority to obtain the petitioner’s criminal record.
(3) The licensing authority will make its decision using the criteria and process in subsections (b) to (e), inclusive.
(4) The licensing authority shall issue and send a decision on the petition to the petitioner not later than 60 days after the licensing authority receives the petition or, if a hearing is held, not later than 90 days after the licensing authority receives the petition. The decision shall be made in writing, include a copy of any criminal record report that the licensing authority reviewed and, if the licensing authority determines that an occupational license should not be granted because of the petitioner’s criminal record, a description that details with specificity how the petitioner’s criminal record is directly and specifically related to the performance, duties, responsibilities, practices or functions of the profession.
(5) A decision that the licensing authority should grant the application under certain conditions is binding on the licensing authority in any later ruling on the petitioner’s professional or occupational license unless there is a change in the petitioner’s criminal record that is directly related to the duties or responsibilities of the licensed occupation.
(6) If the licensing authority decides that the professional or occupational license should not be granted, the licensing authority may provide an alternative advisory opinion, in which the licensing authority may advise the petitioner of actions the petitioner may take to remedy the disqualification.
(7) If advised by the licensing authority of remedial actions, the petitioner may submit a revised petition reflecting completion of the remedial actions before a deadline set by the licensing authority in the alternative advisory decision.
(8) The petitioner may appeal the licensing authority’s decision as provided in section 176.
(9) The petitioner may submit a new petition to the licensing authority not sooner than 1 year following a final judgment on the initial petition or upon obtaining the required personal qualifications.
(h)(1) An ambiguity in a professional or occupational regulation relating to a licensing authority’s use of an individual’s criminal record shall be resolved in the favor of the individual.
(2) Notwithstanding any general or special law to the contrary, a licensing authority shall not use vague terms in its consideration and decision making, including:
(i) good moral character;
(ii) moral turpitude; or
(iii) character and fitness.
(i) Nothing in this section shall be construed to change a licensing authority’s ability to enforce other conditions of professional and occupational licenses, including the personal qualifications required to obtain recognition or compliance with other regulations.
(j)(1) Each licensing authority shall annually report to the division of professional licensure, or the department under which the licensing authority sits:
(i) the number of times that each licensing authority acted to deny, diminish, suspend, revoke, withhold or otherwise limit state recognition for a license because of an individual’s criminal record;
(ii) the criminal convictions that were the subject of each licensing authority action described in clause (i);
(iii) the number of applicants petitioning each licensing authority pursuant to subsection (e);
(iv) the criminal convictions that were the subject of each approval or denial of a petition pursuant to subsection (e); and
(v) other relevant data as determined by the division of professional licensure or the department under which the licensing authority sits.
(2) The division of professional licensure or department governing the licensing body shall annually compile and publish a report on a searchable public website summarizing data reported in paragraph (1).
Section 172N ½. There shall be a commission on background record requirements for professional licensure consisting of 11 members: the commissioner of professional licensure or a designee, who shall serve as chair, the house and senate chairs of the joint committee on consumer protection and professional licensure, the executive director of the Massachusetts office of victim assistance or a designee, and 7 members to be appointed by the governor, 1 of whom shall be a representative of the Massachusetts AFL-CIO Council, Inc., 1 of whom shall be a representative of the Massachusetts Building Trades Council, 1 of whom shall be a representative of the NAACP Boston Branch, 1 of whom shall be a representative of a registered Massachusetts affiliate of the National Urban League, Inc., 1 of whom shall be a representative of the YMCA’s of Massachusetts, Inc., and 1 of whom shall be a representative of the Greater Boston Legal Services, Inc.
The commission shall advise the division of professional licensure and licensing authorities, as defined in section 172N, to provide recommendations for background record requirements for each professional and occupational license granted within the commonwealth. Background record requirements developed by the commission shall not be designed to eliminate certain licenses, nor to develop or recommend that the division of professional licensure create new licenses or additional requirements for licenses.
SECTION 4. Section 2 of chapter 112 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 5, the words “of good moral character” and inserting in place thereof the following words:- lacks a criminal record or history of disqualifying convictions that is directly related to the practice and duties of a physician pursuant to section 172N.
SECTION 5. Section 18 of said chapter 112, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “shall refuse to issue a certificate to a person, or”.
SECTION 6. Said section 18 of said chapter 112, as so appearing, is hereby further amended by adding the following paragraph:- The board shall refuse to issue a certificate to a person who is intemperate in the use of alcoholic liquors or narcotic drugs or has a conviction by a court of competent jurisdiction of a crime which the board determines, pursuant to section 172N, to be of such a nature as to render such person unfit to practice as a podiatry.
SECTION 7. Section 23B of said chapter 112, as so appearing, is hereby amended by striking out, in line 11, the words “is of good moral character” and inserting in place thereof the following words:- lacks a criminal record or history of disqualifying convictions directly related to the duties or practices of the occupation pursuant to section 172N.
SECTION 8. Section 23S of said chapter 112, as so appearing, is hereby amended by striking out, in lines 11 and 12, the words “is of good moral character” and inserting in place thereof the following words:- lacks a criminal record or history of disqualifying convictions directly related to the duties or practices the occupation pursuant to section 172N.
SECTION 9. Section 45 of said chapter 112, as so appearing, is hereby amended by striking out, in line 5, the words “of good moral character” and inserting in place thereof the following words:- lacking a criminal record or history of disqualifying convictions directly related to the duties or practices of dentistry pursuant to section 172N.
SECTION 10. Section 45A of said chapter 112, as so appearing, is hereby amended by striking out, in line 2, the words “of good moral character” and inserting in place thereof the following words:- lacking a criminal record or history of disqualifying convictions directly related to the duties or practices of a dentist with a limited registration to section 172N.
SECTION 11. Section 45B of said chapter 112, as so appearing, is hereby amended by striking out, in line 2, the words “of good moral character” and inserting in place thereof the following words:- lacking a criminal record or history of disqualifying convictions directly related to the duties or practices of a temporarily registered dentist pursuant to section 172N.
SECTION 12. Section 51 of said chapter 112, as so appearing, is hereby amended by striking out, in line 1, the words “of good moral character” and inserting in place thereof the following words:- lacking a criminal record or history of disqualifying convictions directly related to the duties or practices of a dental hygienist pursuant to section 172N.
SECTION 13. Section 51½ of said chapter 112, as so appearing, is hereby amended by striking out, in line 3, the words “of good moral character” and inserting in place thereof the following words:- lacking a criminal record or history of disqualifying convictions directly related to the duties or practices of a dental assistant pursuant to section 172N.
SECTION 14. Section 55 of said chapter 112, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “of good moral character, and a” and inserting in place thereof the following words:- lacks a criminal record or history of disqualifying convictions directly related to the duties or practices of a veterinarian pursuant to section 172N and is a.
SECTION 15. Section 60B of said chapter 112, as so appearing, is hereby amended by striking out, in line 2, the words “of good moral character” and inserting in place thereof the following words:- who lacks a criminal record or history of disqualifying convictions directly related to the duties or practices of an architect pursuant to section 172N.
SECTION 16. Section 68 of said chapter 112, as so appearing, is hereby amended by striking out, in line 13 the words “of good moral character” and inserting in place thereof the following words:- lacks a criminal record or history of disqualifying convictions directly related to the duties or practices of an optometrist pursuant to section 172N.
SECTION 17. Section 73H of said chapter 112, as so appearing, is hereby amended by striking out, in line 8, the words “involving moral turpitude” and inserting in place thereof the following words:- related to the duties or practices of a dispensing optician pursuant to section 172N.
SECTION 18. Section 74 of said chapter 112, as so appearing, hereby amended by striking out, in line 7 the words “he is of good moral character” and inserting in place thereof the following words:- the applicant lacks a criminal record or history of disqualifying convictions directly related to the duties or practices of a nurse pursuant to section 172N.
SECTION 19. Section 74A of said chapter 112, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “he is of good moral character and that he” and inserting in place thereof the following words:- the applicant lacks a criminal record or history of disqualifying convictions directly related to the duties or practices of a practical nurse pursuant to section 172N and.
SECTION 20. Section 76B of said chapter 112, as so appearing, is hereby amended by striking out, in lines 7, 20, 32, 47 and 61, the words “good moral character” and inserting in place thereof, in each instance, the following words:- lacking a criminal record or history of disqualifying convictions directly related to the duties or practices of a nurse pursuant to section 172N.
SECTION 21. Section 84 of said chapter 112, as so appearing, is hereby amended by striking out, in line 35, the words “involving moral turpitude” and inserting in place thereof the following words:- that is related to the core functions of a funeral director pursuant to section 172N
SECTION 22. Section 87A½ of said chapter 112, as so appearing, is hereby amended by striking out, in lines 43 and 44, the words “history of dishonest or felonious acts” and inserting in place thereof the following words:- criminal record or history of disqualifying convictions directly related to the duties or practices of a public accountant pursuant to section 172N.
SECTION 23. Section 87TT of said chapter 112, as so appearing, is hereby amended by striking out, in line 8, the words “good moral character” and inserting in place thereof, the following words:- a lack of criminal record or history of disqualifying convictions directly related to the duties or practices of real estate brokers and salesmen pursuant to section 172N.
SECTION 24. Said section 87TT of said chapter 112, as so appearing, is hereby further amended by striking out, in line 10, the words “good moral character” and inserting in place thereof the following words:- lack of a criminal record or history of disqualifying convictions pursuant to section 172N.
SECTION 25. The first paragraph of said section 87TT of said chapter 112, as so appearing, is hereby amended by striking out the last sentence.
SECTION 26. Section 87XX of said chapter 112, as so appearing, is hereby amended by inserting after the word “character”, in lines 20 and 22, in each instance, the following words:- pursuant to section 172N.
SECTION 27. Section 93 of said chapter 112, as so appearing, is hereby amended by striking out, in line 2, the words “involving moral turpitude” and inserting in place thereof the following words:- pursuant to section 172N.
SECTION 28. Section 101 of said chapter 112, as so appearing, is hereby amended by striking out, in lines 4 and 5, the words “of good moral character” and inserting in place thereof the following words:-lacks a criminal record or history of disqualifying convictions directly related to the duties or practices of a landscape architect pursuant to section 172N.
SECTION 29. Section 119 of said chapter 112, as so appearing, is hereby amended by striking out clause (a) and inserting in place thereof the following clause:- (a) lacks a criminal record or history of disqualifying convictions directly related to the duties or practices of a psychologist pursuant to section 172N.
SECTION 30. Section 136 of said chapter 112, as so appearing, is hereby amended by striking out, in line 12, the words “involving moral turpitude” and inserting in place thereof the following words:- directly related to the duties or practices of a social worker pursuant to section 172N.
SECTION 31. Section 144 of said chapter 112, as so appearing, is hereby amended by striking out clause (1) and inserting in place thereof the following clause:- (1) lacks a criminal record or history of disqualifying convictions directly related to the duties or practices of a speech-language pathologist or audiologist pursuant to section 172N.
SECTION 32. Section 144A of said chapter 112, as so appearing, is hereby amended by striking out clause (1) and inserting in place thereof the following clause:- (1) lack a criminal record or history of disqualifying convictions directly related to the duties or practices of an assistant to a speech-language pathologist or audiologist pursuant to section 172N.
SECTION 33. Section 152 of said chapter 112, as so appearing, is hereby amended by striking out clause (b) and inserting in place thereof the following clause:- (b) lack a criminal record or history of disqualifying convictions directly related to the duties or practices of an acupuncturist pursuant to section 172N.
SECTION 34. Section 169 of said chapter 112, as so appearing, is hereby amended by striking out, in line 2, the word “deny”.
SECTION 35. Said section 169 of said chapter 112, as so appearing, is hereby further amended by inserting after the second paragraph the following paragraph:- The board, pursuant to section 172N, may deny a license due to a finding of a conviction by a court of competent jurisdiction of a crime related to conduct which places into question the applicant’s competence to provide mental health and human services, including gross misconduct in the practice of mental health and human services on a particular occasion or negligence on repeated occasions.
SECTION 36. Subsection (f) of section 197 of said chapter 112, as so appearing, is hereby amended by striking out clause (3) and inserting in place thereof the following clause:- (3) lack a criminal record or history of disqualifying convictions directly related to the duties or practices of hearing instrument specialists pursuant to section 172N;.
SECTION 37. Section 203 of said chapter 112, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words “of good moral character” and inserting in place thereof the following words:- lacks a criminal record or history of disqualifying convictions directly related to the duties or practices of a dietitian/nutritionist pursuant to section 172N.
SECTION 38. The first paragraph of section 205 of said chapter 112, as so appearing, is hereby amended by striking out clause (d) and inserting in place thereof the following clause:- (d) a criminal record or history of disqualifying convictions directly related to the duties or practices of dietitians and nutritionists pursuant to section 172N; or.
SECTION 39. Section 213 of said chapter 112, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “of good moral character” and inserting in place thereof the following words:- lacks a criminal record or history of disqualifying convictions directly related to the duties or practices of a perfusionist pursuant to section 172N.
SECTION 40. Subsection (d) of section 222 of said chapter 112, as so appearing, is hereby amended by striking out clause (i) and inserting in place thereof the following clause:- (i) lack a criminal record or history of disqualifying convictions directly related to the duties or practices of a home inspector pursuant to section 172N;.
SECTION 41. Subsection (a) of section 229 of said chapter 112, as so appearing, is hereby amended by striking out clause (4) and inserting in place thereof the following clause:- (4) he shall lack a criminal record or history of disqualifying convictions directly related to the duties or practices of a massage therapist pursuant to section 172N;.
SECTION 42. Said section 229 of said chapter 112, as so appearing, is hereby amended by striking out, in line 19, the words “or a crime involving moral turpitude”.
SECTION 43. Section 231 of said chapter 112, as so appearing, is hereby amended by striking out clause (3) and inserting in place thereof the following clause:- (3) lacks a history of a criminal record or history of disqualifying convictions directly related to the duties or practices of a massage therapist pursuant to section 172N;.
SECTION 44. Section 253 of said chapter 112, as so appearing, is hereby amended by striking out, in line 7, the words “of good moral character” and inserting in place thereof the following words:- lacks a history of a criminal record or history of disqualifying convictions directly related to the duties or practices of a genetic counselor pursuant to section 172N.
SECTION 45. Section 260 of said chapter 112, as so appearing, is hereby amended by striking out, in line 8, the words “is of good moral character” and inserting in place thereof the following words:- lacks a history of a criminal record or history of disqualifying convictions directly related to the duties or practices of a community health worker pursuant to section 172N.
SECTION 46. Section 269 of said chapter 112, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “and of good moral character” and inserting in place thereof the following words:- , lacks a history of a criminal record or history of disqualifying convictions directly related to the duties or practices of a naturopathic doctor pursuant to section 172N.
SECTION 47. Subsection 9 of section 4 of chapter 151B of the General Laws, as so appearing, is hereby amended by inserting the following paragraphs after the last sentence:-
(a) An employer shall not deny employment to an individual because the person was convicted of one or more criminal offenses, or by reason of a finding of lack of good moral character or suitability, when such finding is based upon the fact that the applicant was convicted of one or more criminal offenses, unless:
(i) the nature of criminal conduct for which the person was convicted has a direct bearing on and affects such person’s fitness or ability to perform one or more of primary duties or responsibilities necessarily related to the employment sought; or
(ii) hiring or continued employment of the person would involve an unreasonable risk to property or to the safety or welfare of a specific individual or the general public.
(b) In making this determination, the employer shall undertake an individualized assessment of the applicant and shall consider the following factors:
(i) the type of work to be performed and the nature of the primary duties or responsibilities necessarily related to the employment sought;
(ii) whether the offense or offenses were recently committed, and whether the amount of time that has elapsed since the occurrence of the offense or offenses significantly diminishes the relevance of the offense or offenses;
(iii) the age of the person at the time of the occurrence of the criminal offense or offenses, including whether youth or lack of maturity related to the person’s age at the time of the offense is a mitigating circumstance;
(iv) the seriousness of the offense or offenses;
(v) any evidence that the person performed the same type of work after the offense or offenses with no known incidents of criminal conduct;
(vi) any evidence regarding the person’s rehabilitation, including but not limited to civic and community contributions, efforts at self-improvement, sobriety, education or training, and good conduct; and
(c) An employer shall, at the time of denial of employment, provide the applicant or employee with a written statement that sets forth specific reasons for the denial.
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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 Rene Perez, an employee of the Department of Developmental Services
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S2452
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SD2697
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-07-12T11:29:15.303'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-07-12T11:29:15.3033333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-07-13T16:05:43.2933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2452/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill) (subject to Joint Rule 12) of Jacob R. Oliveira and Brian M. Ashe for legislation to establish a sick leave bank for Rene Perez, an employee of the Department of Developmental Services. Public Service.
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Notwithstanding any general or special law to the contrary, the Department of Developmental Services shall establish a sick leave bank for Rene Perez, 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 Rene Perez. If Rene Perez 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 Developmental 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': '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 exempting all uniformed positions in the fire department in the town of Rockland from the civil service law
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S2453
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SD2778
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-10-02T15:31:34.707'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-10-02T15:31:34.7066667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-10-02T15:45:09.2766667'}]
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 2453) of John F. Keenan and David F. DeCoste (by vote of the town) exempt all uniformed positions in the fire department in the town of Rockland from the civil service law. Public Service. [Local Approval Received.]
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SECTION 1. Notwithstanding any general or special law to the contrary, all uniformed positions within the fire department of the town of Rockland, including the positions of deputy chief, captain, lieutenant, and firefighter shall be exempt from Chapter 31 of General Laws.
SECTION 2. This act shall not impair the civil service status of a person holding a position described in Section 1 on the effective date of this act.
SECTION 3. This act shall take effect upon its passage.
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[{'Description': 'S2453 -- Rockland', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=17137&title=S2453%20--%20Rockland'}]
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An Act establishing a special purpose revolving fund in the town of North Andover
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S2454
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SD2766
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-09-26T10:50:35.827'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-09-26T10:50:35.8266667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-09-26T10:59:56.5766667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-09-26T10:59:56.5766667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-09-26T10:59:56.5766667'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 2454) of Barry R. Finegold, Bruce E. Tarr, Tram T. Nguyen and Adrianne Pusateri Ramos (by vote of the town) for legislation to establish a special purpose revolving fund in the town of North Andover. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Notwithstanding the provisions of section 53E½ of chapter 44 of the General Laws or any other general or special law to the contrary, there shall be in the town of North Andover a special purpose revolving fund into which shall be deposited receipts received from the use and operation of what is commonly known as the Stevens Estate, located at 723 Osgood Street, North Andover, MA, such fund to be known as the Stevens Estate revolving fund.
SECTION 2. The Stevens Estate revolving fund may be expended by the town manager for the maintenance, repair, upkeep and operation of the Stevens Estate, including associated buildings and grounds.
SECTION 3. The limit on the total amount that may be expended from the Stevens Estate revolving fund in any fiscal year shall be determined annually by vote of the Select Board.
SECTION 4. The Stevens Estate revolving fund, except as otherwise contained herein, shall be considered a revolving fund for the purposes of said section 53E½ of chapter 44.
SECTION 5. This act shall take effect upon its passage.
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[{'Description': 'S2454 -- North Andover', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=17157&title=S2454%20--%20North%20Andover'}]
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An Act relative to the employment of persons with disabilities
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S2456
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SD2451
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-23T16:03:43.55'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-23T16:03:43.55'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-03-16T08:24:52.4833333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-16T08:24:52.4833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-21T11:17:31.2433333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-23T15:35:06.7'}]
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Bill
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By Mr. Collins, a petition (accompanied by bill) (subject to Joint Rule 12) of Nick Collins for legislation relative to the employment of persons with disabilities. State Administration and Regulatory Oversight.
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Chapter 7 of the Massachusetts General Laws is hereby amended by placing after Section 38P the following:-
SECTION 38Q. (a) Any contract issued for services in the Commonwealth of Massachusetts or any political subdivision there-in that receives appropriated funds from the legislature of the Commonwealth of Massachusetts shall employ up to 2% of individuals with disabilities hired within such contract. Notwithstanding any general or special law to the contract, the Supplier Diversity Office in consultation with the Massachusetts Office on Disability, the Massachusetts Commission for the Blind and the Massachusetts Rehabilitation Commission shall implement and regulate said law.
(b) Such services shall include but not be limited to janitorial and custodial services, landscaping services, mailroom services, food services, fleet management, manufacturing, trash removal, document destruction, electronic scanning of documents, and facility management services including but not limited to HVAC Services, Painting, Emergency Repair Series, and Snow Removal.
(c) For the purpose of this act, an individual with a disability will be defined as: someone (i) who has a severe physical or mental impairment which seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; (ii) someone whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; (iii) someone who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia, and other spinal cord conditions, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation to cause comparable substantial functional limitation.
(d) The percentage requirements shall be met within one year of award of such contract, and steps shall be taken to minimize the displacement of any workers already providing the services covered by such contract.
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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 archaic laws
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S2457
| null | 193
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{'Id': 'J19', 'Name': 'Joint Committee on the Judiciary', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19', 'ResponseDate': '2023-10-05T16:54:17.127'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-12T11:19:00.14'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-01-20T09:04:14.65'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-28T13:01:56.0266667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:30:05.2666667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-28T13:01:56.0266667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T14:51:29.1033333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-28T13:01:56.0266667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-06-07T13:58:42.6333333'}]
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Bill
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Senate, October 10, 2023 -- The committee on the Judiciary, to whom was referred the petitions (accompanied by bill, Senate, No. 913) of William N. Brownsberger for legislation relative to archaic laws; (accompanied by bill, Senate, No. 951) of Sal N. DiDomenico for legislation relative to petit treason; (accompanied by bill, Senate, No. 1109) of Rebecca L. Rausch for legislation to repeal the criminalization of blasphemy; (accompanied by bill, House, No. 1469) of Kate Donaghue, Lindsay N. Sabadosa and Patrick Joseph Kearney relative to the repeal or reform of certain archaic laws on religion, piety, and morality; (accompanied by bill, House, No. 1640) of Jay D. Livingstone, Lindsay N. Sabadosa and others for legislation to repeal certain archaic laws and to establish a permanent law revision commission (including members of the General Court) to examine common laws and statutes; and (accompanied by bill, House, No. 1811) of Tommy Vitolo and Sal N. DiDomenico relative to petit treason, reports the accompanying bill (Senate, No. 2457).
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SECTION 1. Chapter 3 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following section:-
Section 76. (a) There shall be a permanent law revision commission to consist of: the house and senate chairs of the joint committee on the judiciary or their designees, who shall serve as co-chairs; the attorney general or a designee; 4 attorneys admitted to practice law in the commonwealth, 1 of whom shall be appointed by the senate president, 1 of whom shall be appointed by the speaker of the house of representatives, 1 of whom shall be appointed by the senate minority leader and 1 of whom shall be appointed by the house minority leader; 1 person appointed by the Massachusetts district attorneys association; 1 person appointed by the committee for public counsel services; and 3 persons appointed by the governor, 1 of whom shall be a retired judge, 1 of whom shall be a faculty member of an accredited law school in the commonwealth and 1 of whom shall be a historian with expertise in the laws of the Commonwealth.
(b) The counsel to the senate and the counsel to the house of representatives shall jointly provide personnel necessary to coordinate the activities of the commission and assist the commission in drafting legislative proposals, as requested.
(c) The appointed members of the commission shall serve staggered 4-year terms. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term.
(d) The commission shall: (i) examine the common law and statutes of the commonwealth and judicial decisions for the purpose of identifying defects and anachronisms in the law and recommending needed reforms; (ii) receive and consider proposed changes in the law recommended by the American Law Institute, the National Conference of Commissioners on Uniform State Laws, any bar association and any other learned body; (iii) receive and consider suggestions as to defects and anachronisms in the law from judges, justices, public officials, lawyers and the public; (iv) recommend changes in the law that the commission considers necessary to modify or eliminate antiquated and inequitable rules of law and to bring the law into harmony with modern conditions; (v) recommend the express repeal of statutes repealed by implication or held unconstitutional by a state or federal court; (vi) evaluate and make recommendations on the consolidation of session laws into the general laws; and (vii) make recommendations to improve the openness and accessibility of state laws, including the use of open-source software tools.
(e) The commission shall meet not less than 4 times annually. At the close of each regular session of the general court, the commission shall submit a report of its findings and recommendations, including drafts of any proposed legislation, to the clerks of the house of representatives and senate and the joint committee on the judiciary. The commission may also submit other recommendations and legislative proposals to the joint committee on the judiciary.
SECTION 2. Section 20B of chapter 127, as so appearing, is hereby amended by striking out, in line 41, the words “, 34 or 35”.
SECTION 3. Section 49 of said chapter 127, as so appearing, is hereby amended by striking out, in line 11, the words “,34, or 35,”.
SECTION 4. Section 49B of said chapter 127, as so appearing, is hereby amended by striking out, in lines 24 and 25, the words “, thirty-four, thirty-five”.
SECTION 5. Section 49C of said chapter 127, as so appearing, is hereby amended by striking out, in lines 21 and 22, the words “, thirty-four, thirty-five,”.
SECTION 6. Section 143 of said chapter 127 is hereby repealed.
SECTION 7. Section 34 of chapter 272 of the General Laws is hereby repealed.
SECTION 8. Said chapter 272 of the General Laws, as appearing in the 2022 Official Edition, is hereby further amended by striking out section 35 and inserting in place thereof the following section:-
Section 35. Whoever commits a lewd and lascivious act with another person in public, with the intent of public exposure or with reckless disregard of substantial risk of public exposure, shall be punished by a fine of not more than $200, by imprisonment in a jail or house of correction for not more than 6 months or by both such fine and imprisonment.
SECTION 9. Section 53 of said chapter 272, as so appearing, is hereby amended by striking out, in lines 1 to 2, inclusive, the words “Common night walkers, common street walkers, both male and female, persons” and inserting in place thereof the following word:- Persons.
SECTION 10. Section 62 of said chapter 272 is hereby repealed.
SECTION 11. Section 57 of chapter 276 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 123 and 124, the words “or section thirty-four or thirty-five of chapter two hundred and seventy-two,”.
SECTION 12. Section 45 of chapter 277 of the General Laws is hereby repealed.
SECTION 13. Section 63 of said chapter 277, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 29, the figures “, 34, 35”.
SECTION 14. Section 79 of said chapter 277, as so appearing, is hereby amended by striking out, in lines 427 to 429, inclusive, the words “Sodomy, etc. (Under Chap. 272, Sec. 34.)—That A.B. did commit the abominable and detestable crime against nature with a (state the person or beast)”.
SECTION 15. Said section 79 of said chapter 277, as so appearing, is hereby further amended by striking out, in lines 444 to 445, inclusive, the words “Unnatural act. (Under Chap. 272, Sec. 35.)—That A.B. did commit an unnatural and lascivious act with one C.D”.
SECTION 16. The initial terms of the first members of the law revision commission shall be staggered as follows: 1 attorney appointed by the speaker of the house of representatives, 1 attorney appointed by the senate president, 1 attorney appointed by the senate minority leader and 1 attorney appointed by the house minority leader shall serve an initial term of 4 years; 3 persons appointed by the governor shall serve an initial term of 3 years; and 1 person appointed by the Massachusetts district attorneys association and 1 person appointed by the committee for public counsel services shall serve an initial term of 2 years.
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[{'Action': 'Redraft', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
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An Act relative to fentanyl test strips
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S2458
| null | 193
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{'Id': 'J19', 'Name': 'Joint Committee on the Judiciary', 'Type': 2, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19', 'ResponseDate': '2023-10-05T17:01:23.243'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T16:15:39.7233333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T14:22:11.8966667'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-03-15T13:38:26.14'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:14:51.83'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T15:16:46.0033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2458/DocumentHistoryActions
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Bill
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Senate, October 10, 2023 -- The committee on the Judiciary, to whom was referred the petitions (accompanied by bill, Senate, No. 926) of Cynthia Stone Creem for legislation relative to fentanyl test strips; and (accompanied by bill, House, No. 1736) of David M. Rogers, Lindsay N. Sabadosa and David Henry Argosky LeBoeuf relative to fentanyl test strips, reports the accompanying bill (Senate, No. 2458).
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SECTION 1. Section 1 of chapter 94C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting, in line 188, at the end of the definition of "drug paraphernalia" the following sentence:-
The term “drug paraphernalia” shall not include fentanyl test strips or any testing equipment or devices solely used, intended for use, or designed to be used to determine whether a substance contains fentanyl or its analogues.
SECTION 2. Said chapter 94C, as so appearing, is hereby further amended by inserting after section 19E the following section:-
Section 19F. Any person who, in good faith provides, administers or utilizes fentanyl test strips or any testing equipment or devices solely used, intended for use, or designed to be used to determine whether a substance contains fentanyl or its analogues shall not, as a result of the person’s acts or omissions, be subject to any criminal or civil liability or any professional disciplinary action; provided, however, that this section shall not apply to acts of gross negligence or willful or wanton misconduct.
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[{'Action': 'Redraft', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
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An Act relative to changing the terms board of selectmen and selectmen to the term select board in the town of Rockport
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S2459
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SD2788
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-10-10T13:55:54.24'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-10-10T13:55:54.24'}, {'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-10-10T13:55:58.0266667'}]
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2459) of Bruce E. Tarr and Ann-Margaret Ferrante (by vote of the town) for legislation relative to changing the terms board of selectmen and selectmen to the term select board in the town of Rockport. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Notwithstanding any general or special law to the contrary, the executive body of the town of Rockport, previously known as the board of selectmen, shall be known as the select board and shall have the powers and authority of a board of selectmen under any general or special law and the members of the select board, previously known as selectmen, shall be known as select board members.
SECTION 2. This act shall take effect upon its passage.
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[{'Description': 'S2459 -- Rockport', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=17187&title=S2459%20--%20Rockport'}]
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An Act empowering students and schools to thrive
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S246
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SD2067
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-20T10:31:24.183'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-20T10:31:24.1833333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T14:33:09.77'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-20T12:48:25.2133333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-24T09:34:09.5466667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-24T09:33:55.75'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-27T10:56:14.41'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-27T09:41:23.9433333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-29T12:31:09.7233333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-29T12:31:09.7233333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-06T14:20:51.4933333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-31T12:49:55.37'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T11:47:11.6433333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-07T10:14:44.8533333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T11:18:25.8'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T12:18:20.89'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-06T12:06:46.06'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-06T12:06:46.06'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-06T12:06:46.06'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-15T09:49:59.65'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T09:49:59.65'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-23T22:30:53.8'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-28T09:37:29.7866667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-01T14:51:40.2233333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T10:44:18.2133333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-03T15:13:53.9466667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-13T14:37:37.08'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-29T15:28:29.8366667'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-04-18T22:13:28.3333333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-08T09:29:58.42'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-07-26T10:38:26.9633333'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 246) of Joanne M. Comerford, Liz Miranda, Adam Gomez, Jack Patrick Lewis and other members of the General Court for legislation to empower students and schools to thrive. Education.
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SECTION 1. Section 1D of chapter 69 of the General Laws is hereby amended by striking out subsection (i), as appearing in the 2020 Official Edition, and inserting in place thereof the following subsection:-
(i) The ''competency determination'' shall be based on the academic standards and curriculum frameworks for tenth graders in the areas of mathematics, science and technology, and English, and shall represent a determination that a particular student has demonstrated mastery of a common core of skills, competencies and knowledge in these areas by satisfactorily completing coursework that has been certified by the student’s district as showing mastery of such skills, competencies and knowledge. A district also may include history and social science and foreign languages in the requirements. Satisfaction of the requirements of the competency determination shall be a condition for high school graduation. Students who fail to satisfy the requirements of the competency determination or are determined by the district to be at risk of not satisfying such requirements shall be eligible to receive an educational assistance plan designed within the confines of the foundation budget to impart the skills, competencies and knowledge required to attain the required level of mastery. The parent, guardian or person acting as parent of the student shall have the opportunity to review the educational assistance plan with representatives of the school district. Nothing in this section shall be construed to provide a parent, guardian, person acting as a parent or student with an entitlement to contest the proposed plan or with a cause of action for educational malpractice if the student fails to obtain a competency determination.
SECTION 2. Said chapter 69 is hereby further amended by striking out sections 1J and 1K, as so appearing, and inserting in place thereof the following section:-
Section 1J. (a) The commissioner of elementary and secondary education shall identify schools for comprehensive support and improvement using a formula developed by the department that complies with the criteria and processes in federal education law; provided that, under this formula, student growth shall be given at least as much weight as student achievement, and provided further that no more than five per cent of all schools statewide shall be designated as comprehensive support and improvement schools at one time.
(b) Within 30 days of a school being designated as in need of comprehensive support and improvement, the superintendent of the district shall convene a local stakeholder group of not more than 11 individuals to develop a support and improvement plan for the school. The district should strive to have the group membership represent the racial-ethnic and language diversity of the school. The group shall include: (1) the superintendent, or a designee; (2) a representative from the school committee selected by a majority of school committee members; (3) the president of the local teachers union, or a designee; (4) an administrator from the school, who may be the principal, chosen by the superintendent; (5) two educators (who could be teachers or education support professionals) from the school, chosen by the school’s educators; (6) a parent from the school, chosen by the local parent organization, provided that if the school or district does not have a parent organization or if the organization does not select a parent, the superintendent shall select a volunteer parent of a student from the school; (7) for high schools, a student selected by the students at the school, and for other schools, an individual selected by the superintendent who brings the appropriate grade-level perspective to the group (e.g., a representative from the early childhood or pre-kindergarten sector for an elementary school); (8) an educator or representative from the social services sector with expertise in students’ mental health and social-emotional development, selected jointly by the group; (9) a member representing a community organization, selected jointly by the group; and 10) an individual who has specialized expertise in one or more of the evidence-based programs listed in subsection (c), selected jointly by the group.
(c) The local stakeholder group shall develop a support and improvement plan for the school, consistent with federal and state law, a final draft of which shall be submitted to the school committee within 45 days of its first meeting. Consistent with guidelines developed by the department, the group shall: (i) research, identify and analyze the root causes of the school’s challenges; (ii) examine the adequacy of resources and equity in the distribution of those resources, including an assessment of the physical condition of the school building; and (iii) identify and catalog the school’s strengths and assets. The final draft plan submitted to the school committee shall include a guiding vision of learning for the school; goals and objectives; and a description of the evidence-based programs, supports and interventions that the district shall employ to address the root causes of the school’s challenges and capitalize on assets consistent with the guiding vision. Such evidence-based programs, supports and interventions may include: (1) reduced class sizes and student caseloads; (2) small-group instruction and/or one-on-one tutoring; (3) increased opportunity for common planning time for teachers; (4) implementation of a “Community Schools” or “Hub School” model or other strategies for expanding social and wraparound services to support students’ social-emotional and physical health; (5) additional hiring, increased compensation, and/or strategic deployment of school personnel (e.g, co-teaching to facilitate inclusion) to support student learning and to retain highly qualified staff; (6) increased or improved professional development, which may include mentoring and induction programs for new teachers, as well as training in trauma-informed and anti-racist best practices that are designed to limit school exclusion and maximize student engagement; (7) the use of effective curriculum materials that are culturally responsive and aligned with the statewide curriculum frameworks; (8) expanded early education and pre-kindergarten programming within the district in consultation or in partnership with community-based organizations; (9) diversifying the educator and administrator workforce; (10) developing additional pathways to strengthen college and career readiness; and (11) any other program determined to be evidence-based by the group that addresses root causes of challenges identified in its analysis.
(d) The local stakeholder group shall make every effort to reach consensus on the final draft plan and shall submit it to the school committee for review and approval. If consensus cannot be reached, a majority of the group shall submit its final draft plan to the school committee for review and approval. Dissenting members of the group may submit an alternative final draft plan to the school committee for consideration, clearly indicating the areas of dissent. Upon receipt of the final draft plan or plans, the school committee shall hold at least one public hearing, giving at least 30 days’ public notice. The school committee may make modifications to the final draft plan as necessary, consistent with federal and state law, and shall vote on the final draft plan within 30 days of the hearing. The final plan shall be shared publicly and filed with the commissioner. After confirming that the requirements of subsections (b) through (d) were complied with, the commissioner shall approve the final plan.
(e) The department shall prioritize comprehensive support and improvement schools for additional funding above and beyond chapter 70 allocations to support the evidence-based programs identified in the final approved plan. Before the local stakeholder group commences its work, the department shall provide the group with an estimate of future Chapter 70 aid for the district and available funds in excess of Chapter 70 aid for the school that shall support the final approved plan.
(f) The support and improvement plan shall be in effect for not more than four years, and shall be reviewed annually by the superintendent pursuant to guidelines developed by the department. Such progress reviews shall be shared publicly and filed with the commissioner, who may comment on the reviews.
(g) The department shall establish exit criteria for schools in need of comprehensive support and improvement using a formula that complies with federal education law. Upon expiration of the final approved plan, the commissioner shall review the school’s progress and determine, based solely on the exit criteria established by the department, whether: (1) the school is exited from comprehensive support and improvement status; or (2) the status and plan shall continue for up to four additional years. If the commissioner determines that the status and plan shall continue, the local stakeholder group shall be reconvened to revise the final approved plan, consistent with subsections (b) through (d) and subject to approval by the commissioner. If not approved, the commissioner shall return the plan to the group with a directive to add specific evidence-based programs, supports and interventions listed in (1) through (10) of subsection (c). Within 30 days, the group shall submit the plan to the school committee for review and approval. Within 30 days of receipt of the plan from the group, the school committee shall submit the final plan to the commissioner.
(h) Upon the expiration of any continued or revised plan, the process in subsection (g) shall be replicated.
(i) The board shall adopt regulations to implement this section, including provisions that allow features of a support and improvement plan to continue for up to two years after a school is exited from comprehensive support and improvement status. The department shall also make every effort to continue additional funding during any transitional period.
SECTION 3. The school committee of any district in receivership shall develop a transition plan for ending the receivership and hiring a superintendent. The transition plan shall be implemented and the receivership shall end within 1 year of the effective date of this Act. The department shall provide the school committee with the necessary funding and technical assistance to develop and implement the transition plan.
SECTION 4. (a) There shall be a special commission to study and make recommendations for a more authentic and accurate system for assessing students, schools and school districts. The commission shall examine: (i) the requirements of the Every Student Succeeds Act of 2015, codified at 20 U.S.C. § 6301 et. seq., and potential waivers; (ii) alternative assessment and accountability systems in place or being considered nationwide; and research data on the knowledge and skills that parents, elementary and secondary educators, higher education educators, and business leaders want students to have upon high school graduation.
Regarding the assessment of students, the special commission shall consider assessments other than conventional methods, including, but not limited to: work samples, projects and portfolios, performance assessments and other authentic and direct gauges of student performance that encourage effective instruction, use strategies for avoiding racial and ethnic biases, and recognize the strengths of all students.
Regarding the assessment of schools and districts, the special commission shall consider the inclusion of a broader range of measures, beyond standardized test scores, that align with public values and are less tied to student demography. The commission shall also research best practices for facilitating stakeholder-driven improvement processes in schools identified under federal law as needing comprehensive support, such as the creation of community schools.
The commission shall recommend strategies for assessing students, schools and districts that comply with current federal law. The commission also may make recommendations for changes in or waivers from federal law that would facilitate the implementation of effective assessment strategies.
(b) The commission shall consist of: 1 member who shall be appointed by the president of the senate, who shall serve as co-chair; 1 member who shall be appointed by the speaker of the house of representatives, who shall serve as co-chair; 1 member who shall be appointed by the minority leader of the senate; 1 member who shall be appointed by the minority leader of the house of representatives; the secretary of education, or a designee; the commissioner of elementary and secondary education, or a designee; 1 member who shall be appointed by the Massachusetts Association of School Committees, Inc.; 1 member who shall be appointed by the Massachusetts Teachers Association; 1 member who shall be appointed by the American Federation of Teachers, Massachusetts; 1 member who shall be appointed by the Massachusetts Association of School Superintendents, Inc.; 1 member who shall be appointed by the Massachusetts Education Justice Alliance (MEJA); 1 member who shall be appointed by the NAACP; 1 member who shall be appointed by the Massachusetts Immigrant and Refugee Advocacy (MIRA) Coalition; 1 member who shall be appointed by Multicultural Education, Training, and Advocacy, Inc; 1 member who shall be appointed by the Massachusetts Consortium for Innovative Education Assessment; 1 member who shall be appointed by the Black Educators Alliance of Massachusetts; 1 member who shall be appointed by the Massachusetts Asian American Educators Association; 1 member who shall be appointed by the Gaston Institute for Latino Community Development and Public Policy of the University of Massachusetts Boston; 1 member who shall be appointed by the Massachusetts Advocates for Children; 1 member who shall be appointed by the Center for Law and Education; 1 member who shall be appointed by the Center for Antiracist Research at Boston University; 1 of whom shall be the student representative on the State Board of Education, or a designee; 1 of whom shall be the parent representative on the State Board of Education, or a designee; 1 member who shall be appointed by the Rural Policy Advisory Commission; 1 member who shall be appointed by GLSEN Massachusetts; and 1 member who shall be a researcher from a public university with expertise in the area of assessment, selected jointly by the members of the commission. Members shall not receive compensation for their services but may receive reimbursement for reasonable expenses incurred in carrying out their responsibilities as members of the commission. The commissioner of elementary and secondary education shall furnish reasonable staff and other support for the work of the commission.
(c) The commission shall hold not less than 5 public meetings across the regions of the commonwealth and may hold additional hearings and other forums as necessary. The commission shall file its report and recommendations with the clerks of the senate and the house of representatives, the chairs of the joint committee on education and the rural policy advisory commission not later than August 31, 2024.
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An Act protecting seniors and adults with disabilities from financial exploitation
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S2460
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SD2681
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-06-13T12:21:52.773'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-06-13T12:21:52.7733333'}, {'Id': 'SOS7', 'Name': 'William Francis Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SOS7', 'ResponseDate': '2023-07-06T16:30:08.3366667'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2460) (subject to Joint Rule 12) of Paul R. Feeney and William Francis Galvin, for legislation to protect seniors and adults with disabilities from financial exploitation. Elder Affairs.
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The General Laws are hereby amended by inserting after chapter 110H the following chapter:-
Chapter 110I. FINANCIAL EXPLOITATION OF SENIORS AND ADULTS WITH DISABILITIES
Section 1. The following words, whenever used in this chapter shall have the definitions set forth herein, unless context otherwise requires:
“Adult protective services agency” means any office, division, department, or unit in the Commonwealth that is charged with the investigation of abuse, neglect, or exploitation of (a) elder adults or (b) a disabled person, as defined in section 1 of chapter 19C.
“Agent” shall have the same meaning as in section 401 of chapter 110A.
“Eligible adult” means (a) a person 60 years of age or older or (b) a disabled person, as defined in section 1 of chapter 19C.
“Financial exploitation” means (a) the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an eligible adult; or (b) any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to: (1) obtain control, use, or benefit of the eligible adult’s money, assets, or property to deprive the eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or property through deception, intimidation, or undue influence, or by the use of any unethical or dishonest conduct; or (2) convert money, assets, or property of the eligible adult to deprive such eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or property.
“Financial institution” means (a) any broker-dealer as defined under section 401 of chapter 110A, (b) any investment adviser as defined under section 401 of chapter 110A, and (c) any bank chartered by the commonwealth under chapter 168, 170, 171 or 172.
“Investment adviser representative” shall have the same meaning as in section 401 of chapter 110A.
“Qualified individual” means any agent, investment adviser representative, bank employee, or person who serves in a supervisory, compliance, or legal capacity for a financial institution.
“Secretary” means the Secretary of the Commonwealth or his or her designee.
Section 2. If a qualified individual has reasonable cause to believe that the financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, then the qualified individual shall promptly notify the Secretary and any relevant adult protective services agency.
Section 3. The notification required by section 2 must be made by written communication or by form as issued by the Secretary. Such notice shall include, to the extent possible: (1) the name and address of the eligible adult; (2) the name and address of the eligible adult's caretaker; (3) the age of the eligible adult; (4) the nature and extent of the eligible adult's potential or actual injury or condition resulting from the financial exploitation; (5) any other pertinent information; and (6) any additional information that is required by a rule adopted or form or order issued by the Secretary.
Section 4. If a qualified individual has reasonable cause to believe that the financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, then a qualified individual may notify any third party previously designated by the eligible adult; provided, however, that a qualified individual shall not notify any designated third party that is suspected of the financial exploitation or other abuse of the eligible adult.
Section 5. (1) A financial institution may delay a disbursement from, or a transaction in connection with, an account of an eligible adult or an account on which an eligible adult is a beneficiary if any qualified individual has reasonable cause to believe that, after initiating an internal review of the requested disbursement or transaction and the suspected financial exploitation, the requested disbursement or transaction may result in the financial exploitation of the eligible adult.
(2) If a financial institution delays a disbursement or transaction under this section, the financial institution shall: (a) immediately, and in no event more than two business days after the requested disbursement or transaction was delayed, provide written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless there is reasonable cause to believe such party engaged in the suspected or attempted financial exploitation of the eligible adult; (b) immediately, and in no event more than two business days after the requested disbursement or transaction was delayed, notify the Secretary and any relevant adult protective services agency pursuant to section 3; and (c) continue an internal review of the suspected or attempted financial exploitation of the eligible adult, as necessary, and report the investigation's results to the Secretary and any relevant adult protective services agency within 7 business days of the requested disbursement or transaction.
(3) The authorization of any delay of a disbursement or transaction pursuant to this section shall expire upon the sooner of: (a) the determination by the financial institution that the disbursement or transaction will not result in the financial exploitation of the eligible adult; or (b) 15 business days after the date on which the financial institution first delayed the requested disbursement or transaction. A court of competent jurisdiction may enter an order extending the delay of a disbursement or transaction under this section, or may order other protective relief, upon the petition of the Secretary; adult protective services agency; a financial institution that initiated the delay under this section; or other interested party.
Section 6. A financial institution shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to the Secretary, adult protective service agency, or law enforcement pursuant to an investigation. Such records may include historical records and records pertaining to a disbursement or transaction related to the suspected or attempted financial exploitation of an eligible adult. Records made available pursuant to this section shall not be public records and shall not be available for public examination.
Section 7. Nothing in this chapter shall limit or otherwise impede the authority of the Secretary from accessing or examining the books and records of a broker-dealer or investment adviser as otherwise provided by law or conducting any lawful investigation into potential violations of chapter 110A.
Section 8. A qualified individual that, in good faith and exercising reasonable care, complies with this chapter shall be immune from any administrative or civil liability that might otherwise arise from such action. Notwithstanding the foregoing, nothing in this section shall limit or shield, in any manner, a qualified individual from any administrative or civil liability for any claim, or for reasonable attorneys' fees, costs, and litigation expenses related to such claim, for participating in or materially aiding the financial exploitation of an eligible adult. Any such civil claim may be asserted by the eligible adult, or on his or her behalf by an appropriate guardian or representative who is not involved in or otherwise suspected of participating in the financial exploitation of the eligible adult, by filing a civil action in a court of competent jurisdiction.
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[{'Action': 'Suspend Rules', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J40', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J40'}, 'Votes': []}, {'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J44', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J44'}, 'Votes': []}]
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Text of the (Brownsberger) amendment to House, No. 2910
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S2461
| null | 193
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-10-11T12:50:33.41'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-10-11T12:50:33.41'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2461/DocumentHistoryActions
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Amendment
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Senate, October 12, 2023 --Text of the Senate amendment (Senator Brownsberger) to the House Bill relative to property tax classifications in the city of Watertown (House, No. 2910).
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SECTION 1. Notwithstanding section 1A of chapter 58 of the General Laws or any other general or special law, rule or regulation to the contrary, the commissioner of revenue shall further adjust the minimum residential factor of the city of Watertown determined under said section 1A of said chapter 58 for fiscal years 2024, 2025 and 2026 if adoption of such factor for any such year would otherwise have been determined through application of the percentage limitation under clause (b) of the third sentence of the second paragraph of said section 1A of said chapter 58. The new minimum residential factor for such year shall be: (i) for fiscal year 2024, 50 per cent, subject to such adjustment upward as may be required to provide that the percentage of the total tax levy imposed on any class of real or personal property shall not exceed 175 per cent of the full and fair cash valuation of the taxable real and personal property in the city of Watertown; (ii) for fiscal year 2025, 50 per cent, subject to such adjustment upward as may be required to provide that the percentage of the total tax levy imposed on any class of real or personal property shall not exceed 175 per cent of the full and fair cash valuation of the taxable real and personal property in the city of Watertown; and (iii) for fiscal year 2026, 50 per cent, subject to such adjustment upward as may be required to provide that the percentage of the total tax levy imposed on any class of real or personal property shall not exceed 175 per cent of the full and fair cash valuation of the taxable real and personal property in the city of Watertown.
SECTION 2. This act shall take effect upon its passage.
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RESOLUTIONS CALLING ON THE UNITED STATES GOVERNMENT TO CONTINUE TO STAND WITH THE PEOPLE OF ISRAEL IN THEIR TIME OF NEED, SUPPORT THE VICTIMS OF THE RECENT TERRORIST ATTACK AGAINST THE STATE OF ISRAEL AND WORK TOWARDS THE SAFE RETURN OF THOSE WHO ARE BEING HELD HOSTAGE
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S2462
| null | 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-10-12T11:23:11.74'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-10-12T11:23:11.74'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-10-12T11:37:37.6133333'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-10-12T12:16:22.19'}, {'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-10-12T12:16:22.19'}, {'Id': 'MJR0', 'Name': 'Michael J. Rodrigues', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJR0', 'ResponseDate': '2023-10-12T12:16:22.19'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-10-12T12:16:22.19'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-10-12T12:16:22.2033333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-10-12T12:16:22.2033333'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-10-12T12:16:22.2033333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-10-12T12:16:22.2033333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-10-12T12:16:22.2033333'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-10-12T12:16:22.2033333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-10-12T12:16:22.2033333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-10-12T12:16:22.22'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-10-12T12:16:22.22'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-10-12T12:16:22.22'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-10-12T12:16:22.22'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-10-12T12:16:22.22'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-10-12T12:16:22.22'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-10-12T12:16:22.22'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-10-12T12:16:22.2366667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-10-12T12:16:22.2366667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-10-12T12:16:22.2366667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-10-12T12:16:22.2366667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-10-12T12:16:22.2366667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-10-12T12:16:22.2366667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-10-12T12:16:22.2366667'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-10-12T12:16:22.25'}, {'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-10-12T12:16:22.25'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-10-12T12:16:22.25'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-10-12T12:16:22.25'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-10-12T17:13:17.79'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2462/DocumentHistoryActions
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Resolution (Ceremonial)
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WHEREAS, ON OCTOBER 7, 2023, THE TERRORIST ORGANIZATION KNOWN AS HAMAS LAUNCHED A BRUTAL, BARBARIC ASSAULT AND ATTACK ON THE STATE OF ISRAEL AND BROUGHT IMMENSE SUFFERING TO THE INNOCENT CIVILIANS OF ISRAEL AND THE REGION; AND
WHEREAS, THE ISRAELI PEOPLE HAVE AN INALIENABLE RIGHT TO DEFEND THEMSELVES AGAINST ACTS OF TERRORISM; AND
WHEREAS, THE COMMONWEALTH MOURNS THE THOUSANDS OF INNOCENT VICTIMS OF HAMAS’S TERRORIST ATTACK AGAINST ISRAEL, INCLUDING WOMEN, CHILDREN AND BABIES, AND IS GRAVELY CONCERNED FOR THE MANY INNOCENT CIVILIANS WHO HAVE BEEN KIDNAPPED AND ARE BEING HELD HOSTAGE; AND
WHEREAS, THE COMMONWEALTH HAS CONTINUOUSLY DEMONSTRATED AN UNWAVERING COMMITMENT TO SUPPORTING INNOCENT VICTIMS OF VIOLENCE AND CALLS FOR A SAFE RETURN OF THE ISRAELIS, AMERICANS AND OTHER NATIONALS WHO HAVE RECENTLY BEEN KIDNAPPED AND ARE BEING HELD HOSTAGE; AND
WHEREAS, THE COMMONWEALTH MUST STRONGLY CONDEMN THESE HEINOUS TERRORIST ACTIONS BY HAMAS IN ISRAEL; AND
WHEREAS, THE COMMONWEALTH STANDS IN SOLIDARITY WITH THE JEWISH COMMUNITY IN ISRAEL, THE COMMONWEALTH AND AROUND THE WORLD; AND
WHEREAS, THE RECENT, SHARP RISE IN ANTISEMITISM, EXPRESSED OPENLY AND VIOLENTLY, REINFORCES THE NEED FOR OUR COLLECTIVE, CONTINUED EFFORTS TO STAND AGAINST HATRED AND BIGOTRY IN THE COMMONWEALTH AND ABROAD; NOW THEREFORE BE IT
RESOLVED, THAT THE MASSACHUSETTS SENATE HEREBY CALLS ON THE UNITED STATES GOVERNMENT TO CONTINUE TO STAND WITH THE PEOPLE OF ISRAEL IN THEIR TIME OF NEED, SUPPORT THE VICTIMS OF THE RECENT TERRORIST ATTACK AGAINST THE STATE OF ISRAEL AND WORK TOWARDS THE SAFE RETURN OF THOSE WHO ARE BEING HELD HOSTAGE; AND BE IT FURTHER
RESOLVED, THAT A COPY OF THESE RESOLUTIONS BE TRANSMITTED FORTHWITH BY THE CLERK OF THE SENATE TO THE CONGRESS OF THE UNITED STATES AND THE PRESIDENT OF THE UNITED STATES, JOSEPH R. BIDEN, JR.
SUBMITTED BY:
SENATOR CREEM
COSPONSORS:
SENATOR MARK
SENATOR PAYANO
SENATOR OLIVEIRA
SENATOR FINEGOLD
SENATOR CRIGHTON
SENATOR TARR
SENATOR FRIEDMAN
SENATOR KENNEDY
SENATOR LEWIS
SENATOR LOVELY
SENATOR COMERFORD
SENATOR VELIS
SENATOR KEENAN
SENATOR CYR
SENATOR BARRETT
SENATOR BRADY
SENATOR MONTIGNY
SENATOR MOORE
SENATOR PACHECO
SENATOR RODRIGUES
SENATOR RUSH
SENATOR COLLINS
SENATOR O'CONNOR
SENATOR FEENEY
SENATOR RAUSCH
SENATOR FATTMAN
SENATOR DIDOMENICO
SENATOR MORAN
SENATOR BROWNSBERGER
SENATOR TIMILTY
SENATOR CRONIN
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An Act relative to call and volunteer firefighters and EMTs
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S2463
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SD2520
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-20T11:00:21.847'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-20T11:00:21.8466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2463/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill) (subject to Joint Rule 12) of Paul W. Mark for legislation relative to the disability law insomuch as relates to call and volunteer firefighters and EMTs. Public Service.
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SECTION 1. Section 111F of chapter 41 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “fighter”, in line 16, the following words:- ; provided, however, that if the incapacitated firefighter is a call, volunteer, reserve or auxiliary firefighter, the amount payable by the city, town or district shall be equal to the annual entry level income for all occupations in the commonwealth on the date of the incapacity, as determined by the department of labor and workforce development.
SECTION 2. Section 111M of said chapter 41, as so appearing, is hereby amended by inserting after the word “personnel”, in line 15, the following words:- ; provided, however, that if the incapacitated emergency medical personnel is a call, volunteer, reserve or auxiliary emergency medical personnel, the amount payable by the city, town or district shall be equal to the annual entry level income for all occupations in the commonwealth on the date of the incapacity, as determined by the department of labor and workforce development.
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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 authorizing the continued employment of Jerry Shampang as an environmental police officer in the executive office of energy and environmental affairs
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S2464
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SD2757
| 193
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{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-09-14T16:59:47.467'}
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[{'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-09-14T16:59:47.4666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2464/DocumentHistoryActions
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Bill
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By Mr. Mark, a petition (accompanied by bill) (subject to Joint Rule 12) of Paul W. Mark for legislation to authorize the continued employment of Jerry Shampang as an environmental police officer in the executive office of energy and environmental affairs. Public Service.
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SECTION 1. Notwithstanding any general or special law to the contrary, Jerry Shampang, an environmental police officer in the executive office of energy and environmental affairs, may continue to serve in that position until he reaches 70 years of age or the date of his retirement or non-reappointment, whichever occurs first. No further deductions shall be made from the regular compensation of Jerry Shampang under Chapter 32 of the General Laws for any service performed subsequent to his reaching the age of 65.
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 relative to the expansion of the residential tax exemption in the town of Provincetown
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S2465
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SD2792
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-10-12T11:36:58.083'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-10-12T11:36:58.0833333'}, {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-10-12T11:43:07.34'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2465/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2465) of Julian Cyr and Sarah K. Peake (by vote of the town) for legislation relative to the expansion of the residential tax exemption in the town of Provincetown. Revenue. [Local Approval Received.]
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SECTION 1. Section 1 of chapter 25 of the acts of 2018 is hereby amended by striking out the words “or (ii)” and inserting in place thereof the following words:- (ii) not more than 4 units of a residential multi-unit parcel occupied by either the taxpayer of the property and used as their principal residence for income tax purposes or a resident of the town of Provincetown, who occupies the unit on a year-round rental basis and is used as their principal residence for income tax purposes; or (iii).
SECTION 2. This act shall take effect upon passage.
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[{'Description': 'S2465 -- Provincetown', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=17200&title=S2465%20--%20Provincetown'}]
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An Act authorizing the town of Provincetown to impose a 0.5% real estate transfer fee
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S2466
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SD2793
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-10-12T11:46:19.1'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-10-12T11:46:19.1'}, {'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-10-12T11:49:24.6466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2466/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2466) of Julian Cyr and Sarah K. Peake (by vote of the town) for legislation to authorize the town of Provincetown to impose a 0.5% real estate transfer fee. Revenue. [Local Approval Received.]
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SECTION 1. There is hereby imposed a real estate transfer fee equal to one-half per cent of the purchase price upon the transfer of any real property interest in any real property situated in the town of Provincetown. Said fee shall be the liability of the buyer of such property interest and any agreement between the buyer and the seller or any other person with reference to the allocation of the responsibility for bearing said fee shall not affect such liability of the seller. The fee shall be paid to the town of Provincetown. The funds collected in each fiscal year shall be deposited equally into both the Provincetown Year-round Market Rate Rental Housing Trust and the town of Provincetown’s Affordable Housing Trust Fund.
SECTION 2. The following transfers of real property interests shall be exempt from the real estate transfer fee:
(i) first-time homebuyers who live in the home for at least 5 years; provided, however, that a lien shall accompany the deed stating that there is running with the land a lien equal to the amount of fee exempted, plus accumulated interest and penalties until such time as all conditions of this subsection are met;
(ii) transfers to the United States government, the commonwealth, the town of Provincetown or any instrumentalities, agencies or subdivisions of the aforementioned entities, including the Provincetown Housing Authority;
(iii) transfers made without additional consideration to confirm, correct, modify or supplement a transfer previously made;
(iv) transfers of convenience with consideration under $100, including, but not limited to, name changes, transfers into or out of trusts;
(v) transfers to any charitable organization as defined in clause the Third of section 5 of chapter 59 of the General Laws or any religious organization providing that the real property interests so transferred will be held solely for public charitable or religious purposes;
(vi) transfers between marriage partners, parents and children, grandparents and grandchildren, stepparents and stepchildren and siblings; and
(vii) transfers of any unit covered by a year round housing deed restriction.
SECTION 3. (a) The fee imposed by this act shall be due at the time of the transfer of the real property interest.
(b) The buyer shall pay interest on any unpaid amount of the fee at the rate the town collects on unpaid real estate taxes.
(c) The town shall notify a buyer by registered or certified mail of any failure to discharge the amount in full of fee due.
(d) All fees and interest required to be paid under this act shall constitute a personal debt of the buyer and may be recovered in an action of contract.
SECTION 4. This act shall take effect upon its passage.
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[{'Description': 'S2466 -- Provincetown', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=17198&title=S2466%20--%20Provincetown'}]
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An Act changing the name and membership of the Nantucket Planning and Economic Development Commission
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S2467
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SD2794
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-10-12T13:14:26.927'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-10-12T13:14:26.9266667'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-10-12T13:19:34.6133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2467/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2467) of Julian Cyr and Dylan A. Fernandes (by vote of the town) for legislation to change the name and membership of the Nantucket Planning and Economic Development Commission. Municipalities and Regional Government. [Local Approval Received.]
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SECTION 1. Section 1 of chapter 561 of the acts of 1973, as most recently amended by section 1 of chapter 347 of the acts of 2018, is hereby further amended by striking out section 1 and inserting in place thereof the following section:-
Section 1. (a) In order to plan for the orderly and coordinated development and protection of the physical, environmental, social and economic resources of the islands of Nantucket, including the protection of ground, surface and surrounding waters, natural resources, open space and coastal resources, the provision of adequate facilities, including transportation and fair and affordable housing, and the preservation of historic resources, there is hereby established the Nantucket Regional Planning Commission.
(b) The commission shall consist of: 5 members, elected for rotating 3-year terms at the annual town election; and 6 members appointed annually to 1-year terms, 1 of whom is a representative of and appointed by the planning board of the town of Nantucket, 1 of whom is a representative of and appointed by the Nantucket Islands Land Bank Commission, 1 of whom is a representative of and appointed by the Nantucket Historical Commission, 1 of whom is a representative of and appointed by the Nantucket Housing Authority, 1 of whom is a representative of and appointed by the county commissioners of Nantucket county and 1 of whom is a representative of and appointed by the conservation commission of the town of Nantucket.
Any vacancy in the elected members shall be filled by a majority vote of the commission until the next regular town election, at which a new member shall be elected to serve the remainder of the vacated term, if any.
In no case shall any of the elected members or appointed members serve on the commission for more than 9 years in total; provided, however, that this section shall not prevent members from serving on other elected or appointed public bodies at any time.
SECTION 2. Section 2 of said chapter 561, as so amended, is hereby further amended by adding the following paragraph:-
The commission shall produce and make available for the annual town meeting a written report of its activities, annually.
SECTION 3. (a) At the first annual town election held after the effective date of this act, the voters of the town shall elect 1 member of the Nantucket Regional Planning Commission for a term of 1 year and 1 member for a term of 2 years; provided, however, that if 3 seats are to be filled at said election, the voters shall also elect 1 member for a term of 3 years. All subsequently elected members shall be elected to rotating 3-year terms pursuant to subsection (b) of section 1 of chapter 561 of the acts of 1973, as inserted by section 1.
(b) Following the first annual town election held after the effective date of this act, the terms of members previously appointed to the commission by their respective boards and commissions shall terminate and appointments shall be made pursuant to subsection (b) of section 1 of chapter 561 of the acts of 1973, as inserted by section 1.
(c) Following the effective date of this act, members previously appointed at-large by the commission shall continue to serve in such capacity until the date their successor is qualified at the regular annual town election held in the calendar year in which their appointed term ends. At such election, the previously appointed at-large member of the commission shall be replaced with an elected member pursuant to subsection (b) of section 1 of chapter 561 of the acts of 1973. At no time shall the sum of elected members and previously appointed at-large members on the commission exceed 5 in total. In all such cases, previously appointed at-large members shall serve until successor elected members are elected and qualified.
SECTION 4. Years served prior to the effective date of this act shall not count towards the term limit established under the third paragraph of subsection (b) of section 1 of chapter 561 of the acts of 1973, as inserted by section 1.
SECTION 5. This act shall take effect upon its passage.
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[{'Description': 'S2467 -- Nantucket', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=17199&title=S2467%20--%20Nantucket'}]
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An Act relative to salary range transparency
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S2468
| 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': '2023-10-13T14:33:02.683'}
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2468/DocumentHistoryActions
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Amendment
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The committee on Senate Ways and Means to whom was referred the House Bill relative to salary range transparency (House, No. 4109); 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 2468.
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SECTION 1. Chapter 9 of the General Laws is hereby amended by adding the following section:-
Section 32. (a) As used in this section, the words “annual report”, “covered employer”, “EEO-1 data report”, “EEO-3 data report”, “EEO-4 data report”, “EEO-5 data report” and “wage data report” shall have the same meanings as defined in section 105E of chapter 149 unless the context clearly requires otherwise.
(b)(1) Annually, not later than May 1, the state secretary shall provide to the executive office of labor and workforce development the EEO-1 data reports of each covered employer for the prior calendar year.
(2) Not later than May 1 of each even-numbered year, the state secretary shall provide to the executive office of labor and workforce development the EEO-3 data reports and EEO-5 data reports of each covered employer, as applicable, covering the prior 2 calendar years.
(3) Not later than May 1 of each odd-numbered year, the state secretary shall provide to the executive office of labor and workforce development the EEO-4 data reports of each covered employer, as applicable, covering the prior 2 calendar years.
(c)(1) The state secretary shall accept wage data reports filed by covered employers subject to the filing requirements of an EEO-1 data report as a supplement to their annual report, which shall be filed at the same time as the covered employer’s annual report.
(2) The state secretary shall accept wage data reports filed by covered employers subject to the filing requirements of an EEO-3 data report, EEO-4 data report or EEO-5 data report through the least restrictive means available including, but not limited to, web portals, email submissions or paper forms and reports by covered employers may be submitted through a web portal, email submission or paper form.
(3) The state secretary may establish a web portal, sample email submission or paper form to facilitate the submission of the wage data reports by covered employers.
(d) Wage data reports in the custody of the state secretary shall not be considered public records as defined by clause Twenty-sixth of section 7 of chapter 4 and shall not be subject to chapter 66 or chapter 66A.
SECTION 2. Chapter 23 of the General Laws is hereby amended by adding the following section:-
Section 27. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Aggregate wage data report”, a report reflecting aggregate data from wage data reports, collected from covered employers pursuant to subsection (c) of section 32 of chapter 9 and provided to the executive office of labor and workforce development by the state secretary pursuant to subsection (b) of said section 32 of said chapter 9; provided, however, that an “aggregate wage data report” shall be separated by the following industries consistent with the North American Industry Classification System:
(i) agriculture, forestry, fishing and hunting;
(ii) mining;
(iii) utilities;
(iv) construction;
(v) manufacturing;
(vi) wholesale trade;
(vii) retail trade;
(viii) transportation and warehousing;
(ix) information;
(x) finance and insurance;
(xi) real estate rental and leasing;
(xii) professional, scientific and technical services;
(xiii) management of companies and enterprises;
(xiv) administrative support and waste management and remediation services;
(xv) education services;
(xvi) health care and social assistance;
(xvii) arts, entertainment and recreation;
(xviii) accommodation and food services;
(xix) public administration; and
(xx) other services.
“EEO-1 data report”, as defined in section 105E of chapter 149.
“EEO-3 data report”, as defined in section 105E of chapter 149.
“EEO-4 data report”, as defined in section 105E of chapter 149.
“EEO-5 data report”, as defined in section 105E of chapter 149.
“Wage data report”, as defined in section 105E of chapter 149.
(b) The executive office of labor and workforce development shall publish on its website aggregate wage data reports consisting of data received pursuant to subsection (c) of section 105E of chapter 149 as follows:
(i) annually, not later than July 31, an aggregate wage data report consisting of data from all EEO-1 data reports;
(ii) in every even-numbered calendar year, not later than July 31, an aggregate wage data report consisting of data from all EEO-3 data reports and EEO-5 data reports; and
(iii) in every odd-numbered calendar year, not later than July 31, an aggregate wage data report consisting of data from all EEO-4 data reports.
SECTION 3. Section 1 of chapter 149 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 31 and 32, the words “one hundred and five A to one hundred and five C, inclusive” and inserting in place thereof the following words:- 105A to 105C, inclusive, 105E and 105F.
SECTION 4. Said section 1 of said chapter 149, as so appearing, is hereby further amended by striking out, in lines 39 and 40, the words “one hundred and five A to one hundred and five C, inclusive” and inserting in place thereof the following words:- 105A to 105C, inclusive, 105E and 105F.
SECTION 5. Said chapter 149 is hereby further amended by inserting after section 105D the following 2 sections:-
Section 105E. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Annual report”, an annual report to be filed by a covered employer with the state secretary pursuant to section 45 of chapter 108A, section 63 of chapter 109, sections 12 and 48 of chapter 156C, section 16.22 of chapter 156D or any other applicable law or regulation.
“Covered employer”, an employer: (i) with not less than 100 full-time employees in the commonwealth at any time during the prior calendar year; and (ii) subject to the federal filing requirements of a wage data report.
“EEO-1 data report”, a completed copy of all required components of an employer’s Employer Information Report, as issued by the United States Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data categorized by race, ethnicity, sex and job category.
“EEO-3 data report”, a completed copy of all required components of a local union’s Local Union Report, as issued by the United States Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data categorized by race, ethnicity, sex and job category.
“EEO-4 data report”, a completed copy of a State and Local Governmental Information Report, as issued by the United States Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data categorized by race, ethnicity, sex and job category.
“EEO-5 data report”, a completed copy of an Elementary-Secondary Staff Information Report, as issued by the United States Equal Employment Opportunity Commission, including any successor report containing the same or substantially similar workforce demographic and pay data categorized by race, ethnicity, sex and job category.
“State secretary”, as defined in chapter 9.
“Wage data report”, an EEO-1, EEO-3, EEO-4 or EEO-5 data report.
(b)(1) At the time of filing its annual report, a covered employer, subject to federal EEO-1 data report filing requirements, shall submit to the state secretary a copy of its EEO-1 data report covering the prior calendar year as a supplement to its annual report pursuant to section 32 of chapter 9.
(2) In each even-numbered year, a covered employer, subject to federal EEO-3 or EEO-5 data report filing requirements, shall submit to the state secretary a copy of its EEO-3 data report or EEO-5 data report, as applicable, covering the prior 2 calendar years pursuant to section 32 of chapter 9.
(3) In each odd-numbered year, a covered employer, subject to federal EEO-4 data report filing requirements, shall submit to the state secretary a copy of its EEO-4 data report covering the prior 2 calendar years pursuant to section 32 of chapter 9.
(c) Annually, not later than May 1, the state secretary shall submit to the executive office of labor and workforce development the wage data reports of each covered employer for the prior calendar year pursuant to section 32 of chapter 9.
(d) Wage data reports in the custody of the secretary of labor and workforce development shall not be considered public records as defined by clause Twenty-sixth of section 7 of chapter 4 and shall not be subject to chapter 66 or chapter 66A; provided, however, that the publishing of aggregate wage data reports, as defined in section 27 of chapter 23, by the executive office of labor and workforce development on its website pursuant to said section 27 of said chapter 23 shall be considered public records as defined by said clause Twenty-sixth of said section 7 of said chapter 4.
(e)(1) The attorney general shall have the exclusive jurisdiction to enforce this section and may obtain injunctive or declaratory relief for this purpose. Any covered employer who violates this section shall be punished by a warning for the first offense, by a fine of not more than $500 for the second offense and by a fine of not more than $1,000 for the third offense. A fourth or subsequent offense shall be subject to paragraphs (1) and (2) of subsection (b) of section 27C.
(2) No violation of this section shall be construed to carry treble damages pursuant to section 150.
Section 105F. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Covered employer”, any employer, public or private, that employs 25 or more employees in the commonwealth.
“Pay range”, the annual salary range or hourly wage range that the covered employer reasonably and in good faith expects to pay for a particular and specific employment position at that time.
“Posting”, any advertisement or job posting intended to recruit job applicants for a particular and specific employment position, including, but not limited to, recruitment done directly by a covered employer or indirectly through a third party.
(b) A covered employer or its agent shall disclose the pay range for a particular and specific employment position in the posting of the position.
(c) A covered employer or its agent shall provide the pay range for a particular and specific employment position to an employee who is offered a promotion or transfer to a new position with different job responsibilities.
(d) A covered employer or its agent shall provide the pay range for a particular and specific employment position to an employee holding such position or to an applicant for such position upon request.
(e) It shall be unlawful for a covered employer to discharge or in any other manner retaliate or discriminate against any employee or applicant because the employee or applicant has: (i) taken action to enforce their rights pursuant to this section; (ii) made a complaint to their employer, an agent of their employer or the attorney general regarding an alleged violation of this section; (iii) instituted, or caused to be instituted, any proceeding under this section; or (iv) testified or is about to testify in any such proceeding.
(f)(1) The attorney general shall have the exclusive jurisdiction to enforce subsections (b) to (d), inclusive, and may obtain injunctive or declaratory relief for this purpose. Any covered employer who violates this section shall be punished by a warning for the first offense, by a fine of not more than $500 for the second offense and by a fine of not more than $1,000 for the third offense. A fourth or subsequent offense shall be subject to paragraphs (1) and (2) of subsection (b) of section 27C.
(2) For enforcement pursuant to paragraph (1), multiple violations within a 48-hour period of subsections (b) to (d), inclusive, shall have a rebuttable presumption that such offenses constitute a single offense attributed to a single act or set of related actions.
(3) No violation of this section shall be construed to carry treble damages pursuant to section 150.
SECTION 6. Not later than 6 months after the effective date of this act, the attorney general shall conduct a public awareness campaign to provide information to covered employers regarding the requirements of sections 105E and 105F of chapter 149 of the General Laws, which shall include, but not be limited to, making information available on the attorney general’s website and otherwise informing covered employers of said sections 105E and 105F of said chapter 149.
SECTION 7. (a)(1) Not later than May 1, 2024, the state secretary shall provide the executive office of labor and workforce development with initial EEO-1, EEO-3 and EEO-5 data reports pursuant to paragraphs (1) and (2) of subsection (b) of section 32 of chapter 9 of the General Laws, as inserted by section 1.
(2) Not later than May 1, 2025, the state secretary shall provide the executive office of labor and workforce development with initial EEO-4 data reports pursuant to paragraph (3) of subsection (b) of section 32 of chapter 9 of the General Laws, as inserted by section 1.
(b)(1) Not later than July 31, 2024, the executive office of labor and workforce development shall publish the first aggregate wage data reports pursuant to clauses (i) and (ii) of subsection (b) of section 27 of chapter 23 of the General Laws, as inserted by section 2.
(2) Not later than July 31, 2025, the executive office of labor and workforce development shall publish the first aggregate wage data report pursuant to clause (iii) of subsection (b) of section 27 of chapter 23 of the General Laws, as inserted by section 2.
(c)(1) Beginning in calendar year 2024, covered employers subject to EEO-1, EEO-3 and EEO-5 data report requirements shall submit the first reports to the state secretary pursuant to paragraphs (1) and (2) of subsection (b) of section 105E of chapter 149 of the General Laws, as inserted by section 5.
(2) Beginning in calendar year 2025, covered employers subject to EEO-4 data report requirements shall submit the first report to the state secretary pursuant to paragraph (3) of subsection (b) of section 105E of chapter 149 of the General Laws, as inserted by section 5.
SECTION 8. For the first 2 years after the effective date of sections 105E and 105F of chapter 149 of the Generals Laws, as inserted by section 5, a covered employer shall have 2 business days after notice of a violation to cure any defect before a fine is imposed.
SECTION 9. Section 105F of chapter 149 of the General Laws, as inserted by section 5, shall take effect 1 year after the effective date of this act.
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An Act defining agritourism
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S2469
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SD2456
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-31T12:53:25.013'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-31T12:53:25.0133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2469/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill) (subject to Joint Rule 12) of Edward J. Kennedy for legislation to define agritourism. Tourism, Arts and Cultural Development.
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Chapter 128 of the General laws, as appearing in the 2018 Official Edition, is hereby amended by adding after section 1A, the following new section:-
SECTION 1B:
"Agritourism" is defined as "an agriculturally related educational, entertainment, historical, cultural, or recreational activity, including you-pick operations or farm markets, conducted on a farm that allows or invites members of the general public to observe, participate in, experience, or enjoy that activity."
Section 2 - MGL 40a, Section 3, as appearing in the 2018 Official Edition, is hereby amended by adding after the first paragraph the following:-
These protections afforded in the previous paragraph shall apply to agritourism activities as defined in Chapter 128, Section 1B, provided that the agritourism activity must:
1. Generate no more than 25%of the gross farm income. Of the remaining income, at least 65% must come from the sale of product grown on the farm or another qualifying Massachusetts farm, a minimum of 35% of which must be produced at the farm at which the agritourism activity takes place.
2. A non-farming property owner may conduct agritourism on a property provided that:
a. At least 75% of the acreage of the property is dedicated to traditional agricultural activities
b. At least 50% of the agricultural product produced on the property, by either gross sales or volume, are purchased by the property and utilized in the agritourism activity.
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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 to remodel public school athletics through social-emotional learning
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S247
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SD337
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T14:43:08.787'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T14:43:08.7866667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T13:43:10'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-03-14T18:49:06.2'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-07-26T14:44:28.86'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-09-29T09:49:18.8'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S247/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 247) of Cynthia Stone Creem and Susannah M. Whipps for legislation relative to remodel public school athletics through social-emotional learning. Education.
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Section 37O of chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following:-
(o) The department of elementary and secondary education shall publish, on or before June 30, 2024, guidelines for the implementation of social and emotional learning curricula in middle and high school athletic programs.
Such curricula shall include, but shall not be limited to, explicitly teaching students and coaches how to: (1) create safe, supportive and bias-free team cultures; (2) provide students age-appropriate leadership roles role in making decisions and carrying out responsibilities within the team framework, including empowering students to speak up and report behaviors that are contrary to a safe, supportive and bias-free culture; (3) formulate lessons and guidance that address hate, bias and negative behaviors to foster healthy, responsible norms on sports teams; (4) build and sustain positive relationships with others; and (5) develop such other skills that will assist them in overcoming physical, social, and emotional obstacles in athletic competition and in their lives, such as emotion management, conflict resolution, ethical decision-making, and problem-solving.
The guidelines shall be updated biennially. A school district shall consider the guidelines if it elects to integrate social emotional learning into its athletic programs. For purposes of this section, social and emotional learning shall mean the processes by which children acquire the knowledge, attitudes and skills necessary to recognize and manage their emotions, demonstrate caring and concern for others, establish positive relationships, make responsible decisions and constructively handle challenging social situations. The department of elementary and secondary education shall integrate the guidelines into the safe and supportive schools framework created pursuant to section 1P of chapter 69.
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An Act to increase housing production in the city of Lowell
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S2470
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SD2761
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-09-19T13:53:04.36'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-09-19T13:53:04.3766667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-09-19T13:54:21.5766667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-09-19T13:54:21.5766667'}, {'Id': 'R_M2', 'Name': 'Rady Mom', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_M2', 'ResponseDate': '2023-09-19T13:54:21.5766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2470/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill) (subject to Joint Rule 12) of Edward J. Kennedy, Vanna Howard, Rodney M. Elliott and Rady Mom for legislation to increase housing production in the city of Lowell. Housing.
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SECTION 1. Section 2 of chapter 193 of the Acts of 2000, as amended by section 2 of chapter 97 of the Acts of 2002, is hereby amended by striking out the figure “45”, each time it appears, and inserting in place thereof, in each instance, the following figure:- 40.
SECTION 2. Section 3 of said chapter 193 of the Acts of 2000, as amended by section 3 of said chapter 97 of the Acts of 2002, is hereby amended by striking out the figure “180” and inserting in place thereof the following figure:- 187.
SECTION 3. Said section 3 of said chapter 193 of the Acts of 2000, as so amended, is hereby further amended by striking out the figure “81” and inserting in place thereof the following figure:- 75.
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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 to promote social-emotional learning
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S248
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SD340
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T15:16:11.653'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T15:16:11.6533333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T16:21:20.2566667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-10T13:39:47.9166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S248/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 248) of Cynthia Stone Creem and Vanna Howard for legislation to promote social-emotional learning. Education.
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Section 38G of chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “styles” in lines 251 and 287, the following words:- “, strategies to develop students’ social-emotional learning competencies, including self-awareness, self-management, social awareness, relationship skills, and responsible decision-making,”
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An Act to ensure equitable access to education, including special education services, for all
students in Massachusetts
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S249
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SD604
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T15:21:01.793'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T15:21:01.7933333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T12:01:17.51'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T15:38:17.89'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-07-12T09:51:02.5833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S249/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 249) of Cynthia Stone Creem and Vanna Howard for legislation to ensure equitable access to education, including special education services, for all students in Massachusetts. Education.
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Whereas COVID-19 has disproportionately impacted communities of color, with Black and Latino residents in Massachusetts infected with COVID-19 at rates three times higher than White residents, and with age-adjusted death rates for Black and Latino residents three times that of White residents.
Whereas COVID-19 is dramatically widening opportunity and achievement gaps in education, because low-income Black and Latinx students are far more likely to be offered remote-only instruction, are less likely to have the requisite devices and high-speed internet to access remote learning, and are more likely to experience additional barriers to learning related to family illness, death, and other COVID-19 stressors.
Whereas Latinx and Black students with disabilities are significantly less likely to be included in general education classes as compared to their White disabled peers.
Whereas Black boys are estimated to have the highest rate of suspension of any race-gender combination. And whereas Black males with disabilities are estimated to be disciplined at an even higher and alarming rate, over 3 times the rate of White males with disabilities.
Whereas Black girls in Massachusetts are 3.9 times more likely to face school discipline than White girls. And whereas Black girls with disabilities are estimated to be suspended at a rate over twice as high as that for all Black girls.
Whereas the Department of Elementary and Secondary Education is responsible for addressing educational inequities and providing a high-quality public education to every child in the Commonwealth.
Whereas, the data currently collected by the department is not reported in a manner that provides important information about the range of demographic subgroups facing the most significant inequities, such as low-income Black students, Black males with disabilities, or Latino English Learners with disabilities.
Whereas, educational inequities cannot be effectively identified and addressed during the COVID-19 recovery until student data is made available in a manner that focuses on the most vulnerable subgroups of students.
SECTION 1. Section 1I of Chapter 69 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the fifth paragraph the following paragraph: -
In order for the department to: address educational inequities through a data-driven approach; report data in a manner that specifies the demographics of students facing the most significant inequities; and ensure that educational inequities can be effectively identified and addressed during the COVID-19 recovery and beyond; The department shall annually analyze and publish in an easily accessible and user friendly manner the student-specific data provided by school committees and charter schools pursuant to: section 1I of Chapter 69; sections 37G, 37H, 37O, 37P, and 89 of Chapter 71 of the General Laws; sections 3 and 7 of Chapter 71A of the General Laws; section 6 of Chapter 71B of the General Laws; section 2A of Chapter 72 of the General Laws; statewide assessment data utilized as a basis for competency determinations pursuant to section 1D of chapter 69 of the General Laws; and any other data required by the federal office of education, provided that said data required by the federal department of education is also student-specific data and can be cross-tabulated. The department shall provide said data in a manner that can be easily cross-tabulated by, at a minimum, the following: each major racial and ethnic group; sex; economic status; high needs status; English learner status; and category of disability, if applicable. The information shall be presented statewide and also disaggregated by school committee, charter school, and individual school in a manner that is anonymized and does not reveal personally identifiable information about an individual student. Publication shall include, but need not be limited to, availability on the department's worldwide web site.
SECTION 2. The sixteenth paragraph of said Section 1I of Chapter 69 of the General Laws, as so appearing, is further amended by striking out, in clause (g), the word “and” the seventh time it appears.
SECTION 3. The sixteenth paragraph of said Section 1I of Chapter 69 of the General Laws, as so appearing, is hereby further amended by inserting after the word “learners” in clause (h), the following words: - ; and
(i) The number of children, by grade level, within each disability category receiving specific special education services, including but not limited to: each related service; assistive technology, including but not limited to augmentative and alternative communication; supplementary aids and services; positive behavioral interventions and supports; behavioral intervention plans; vocational education; travel training; and community-based transition services; provided further that school districts and charter schools shall only be required to provide said information regarding number of children receiving specific special education services when the department provides school committees with an online web-based IEP application aligned with the special education services requiring reporting under this section.
SECTION 4. Section 6 of Chapter 71B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first sentence the following sentences: - School committees shall also annually report to the department, pursuant to regulations promulgated by the department, delivery of specific special education services by each major racial and ethnic group, sex, economic status, and English learner status of children by age level, including but not limited to delivery of: each related service; assistive technology, including but not limited to augmentative and alternative communication; supplementary aids and services; positive behavioral interventions and supports; behavioral intervention plans; vocational education; travel training; and community-based transition services. This annual reporting by school committees to the department shall only be required when the department provides school committees with an online web-based IEP application aligned with the special education services requiring reporting under this section. This information shall be cross-tabulated by, at a minimum, the following: each major racial and ethnic group; sex; economic status; and English learner status. The information shall be presented statewide and also disaggregated by school committee, charter school, and individual school in a manner that is anonymized and does not reveal personally identifiable information about an individual student.
SECTION 5. The second sentence of said section 6 of Chapter 71B of the General Laws, as so appearing, is hereby amended by inserting after the word “assignment” the following words: - or pattern of delivery of the aforementioned specific special education services.
SECTION 6. The second sentence of said section 6 of Chapter 71B of the General Laws, as so appearing, is hereby further amended by inserting after the words “substantially disproportionate from the distribution” the following words: - or if there is a statistically significant increase in the rates of assignment of students with disabilities to substantially separate classrooms for any racial or ethnic group in any of the five years following the Governor’s Declaration of a State of Emergency due to COVID-19 in March 2020, as compared to the 2018-19 school year.
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An Act establishing the Massachusetts Data Privacy Protection Act
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S25
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SD745
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T14:54:41.343'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T14:54:41.3433333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T13:39:07.71'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-10-12T12:20:46.86'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S25/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 25) of Cynthia Stone Creem and Jason M. Lewis for legislation to establish the Massachusetts Data Privacy Protection Act. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. The General Laws, as appearing in the 2020 Official Edition, are hereby amended by inserting after chapter 93K the following chapter:
Chapter 93L. Massachusetts Data Privacy Protection Act
Section 1. Definitions
(a)As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
(1)affirmative express consent”, an affirmative act by an individual that clearly communicates the individual’s freely given, specific, and unambiguous authorization for an act or practice after having been informed, in response to a specific request from a covered entity that meets the requirements of this chapter.
(2)“authentication”, the process of verifying an individual or entity for security purposes.
(3)“biometric information”, any covered data generated from the technological processing of an individual’s unique biological, physical, or physiological characteristics that is linked or reasonably linkable to an individual, including:—
(i)fingerprints;
(ii)voice prints;
(iii)iris or retina scans;
(iv)facial or hand mapping, geometry, or templates; or
(v)gait or personally identifying physical movements.
The term “biometric information” does not include a digital or physical photograph; an audio or video recording; or data generated from a digital or physical photograph, or an audio or video recording, that cannot be used to identify an individual.
(4)“collect” and “collection”, buying, renting, gathering, obtaining, receiving, accessing, or otherwise acquiring covered data by any means.
(5)“control”, with respect to an entity:—
(i)ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of the entity;
(ii)control over the election of a majority of the directors of the entity (or of individuals exercising similar functions); or
(iii)the power to exercise a controlling influence over the management of the entity.
(6)“covered algorithm”, a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity and that makes a decision or facilitates human decision-making with respect to covered data, including determining the provision of products or services or to rank, order, promote, recommend, amplify, or similarly determine the delivery or display of information to an individual.
(7) “covered data”, information, including derived data and unique persistent identifiers, that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked or reasonably linkable to an individual. The term “covered data” does not include:—
(i)de-identified data;
(ii)employee data covered under section 204 of chapter 149 of the general laws; or
(iii)publicly available information.
(8)“covered entity”, any entity or any person, other than an individual acting in a non-commercial context, that alone or jointly with others determines the purposes and means of collecting, processing, or transferring covered data. The term “covered entity” does not include:—
(i)government agencies or service providers to government agencies that exclusively and solely process information provided by government entities;
(ii)any entity or person that meets the following criteria for the period of the 3 preceding calendar years (or for the period during which the covered entity or service provider has been in existence if such period is less than 3 years):—
(A)the entity or person’s average annual gross revenues during the period did not exceed $20,000,000;
(B)the entity or person, on average, did not annually collect or process the covered data of more than 75,000 individuals during the period beyond the purpose of initiating, rendering, billing for, finalizing, completing, or otherwise collecting payment for a requested service or product, so long as all covered data for such purpose was deleted or de-identified within 90 days, except when necessary to investigate fraud or as consistent with a covered entity’s return policy; and
(C)no component of its revenue comes from transferring covered data during any year (or part of a year if the covered entity has been in existence for less than 1 year) that occurs during the period.
(9)“covered high-impact social media company”, a covered entity that provides any internet-accessible platform where—
(i)such covered entity generates $3,000,000,000 or more in annual revenue;
(ii)such platform has 300,000,000 or more monthly active users for not fewer than 3 of the preceding 12 months on the online product or service of such covered entity; and
(iii)such platform constitutes an online product or service that is primarily used by users to access or share, user-generated content.
(10)“covered minor”, an individual under the age of 18.
(11) “de-identified data”, information that does not identify and is not linked or reasonably linkable to a distinct individual or a device, regardless of whether the information is aggregated, and if the covered entity or service provider:—
(i)takes technical measures to ensure that the information cannot, at any point, be used to re-identify any individual or device that identifies or is linked or reasonably linkable to an individual;
(ii)publicly commits in a clear and conspicuous manner:—
(A)to process and transfer the information solely in a de-identified form without any reasonable means for re-identification; and
(B)to not attempt to re-identify the information with any individual or device that identifies or is linked or reasonably linkable to an individual; and
(iii)contractually obligates any person or entity that receives the information from the covered entity or service provider:—
(A)to comply with all the provisions of this paragraph with respect to the information; and
(B)to require that such contractual obligations be included contractually in all subsequent instances for which the data may be received.
(12)“derived data”, covered data that is created by the derivation of information, data, assumptions, correlations, inferences, predictions, or conclusions from facts, evidence, or another source of information or data about an individual or an individual’s device.
(13)“device”, any electronic equipment capable of collecting, processing, or transferring data that is used by one or more individuals or households.
(14)“first party advertising or marketing”, advertising or marketing conducted by a covered entity that collected covered data from the individual through either direct communications with the individual such as direct mail, email, or text message communications, or advertising or marketing conducted entirely within the first-party context, such as in a physical location operated by or on behalf of such covered entity, or on a web site or app operated by or on behalf of such covered entity.
(15)“genetic information”, any covered data, regardless of its format, that concerns an individual’s genetic characteristics, including:—
(i)raw sequence data that results from the sequencing of the complete, or a portion of the, extracted deoxyribonucleic acid (DNA) of an individual; or
(ii)genotypic and phenotypic information that results from analyzing raw sequence data described in subparagraph (A).
(16“individual”, a natural person who is a Massachusetts resident or present in Massachusetts.
(17)“knowledge”,
(i)with respect to a covered entity that is a covered high-impact social media company, the entity knew or should have known the individual was a covered minor;
(ii)with respect to a covered entity or service provider that is a large data holder, and otherwise is not a covered high-impact social media company, that the covered entity knew or acted in willful disregard of the fact that the individual was a covered minor; and
(iii)with respect to a covered entity or service provider that does not meet the requirements of clause (i) or (ii), actual knowledge.
(18)“large data holder”, a covered entity or service provider that in the most recent calendar year:—
(i)had annual gross revenues of $250,000,000 or more; and
(ii)collected, processed, or transferred the covered data of more than 5,000,000 individuals or devices that identify or are linked or reasonably linkable to 1 or more individuals, excluding covered data collected and processed solely for the purpose of initiating, rendering, billing for, finalizing, completing, or otherwise collecting payment for a requested product or service; and the sensitive covered data of more than 200,000 individuals or devices that identify or are linked or reasonably linkable to 1 or more individuals.
The term “large data holder” does not include any instance in which the covered entity or service provider would qualify as a large data holder solely on the basis of collecting or processing personal email addresses, personal telephone numbers, or log-in information of an individual or device to allow the individual or device to log in to an account administered by the covered entity or service provider.
(19)“material”, with respect to an act, practice, or representation of a covered entity (including a representation made by the covered entity in a privacy policy or similar disclosure to individuals) involving the collection, processing, or transfer of covered data, that such act, practice, or representation is likely to affect a reasonable individual’s decision or conduct regarding a product or service;
(20)“location information”, information derived from a device or from interactions between devices, with or without the knowledge of the user and regardless of the technological method used, that pertains to or directly or indirectly reveals the present or past geographical location of an individual or device within the Commonwealth of Massachusetts with sufficient precision to identify street-level location information within a range of 1,850 feet or less.
(21)“OCABR”, the Office of Consumer Affairs and Business Regulation.
(22 “process”, to conduct or direct any operation or set of operations performed on covered data, including analyzing, organizing, structuring, retaining, storing, using, or otherwise handling covered data.
(23 “processing purpose”, a reason for which a covered entity or service provider collects, processes, or transfers covered data that is specific and granular enough for a reasonable individual to understand the material facts of how and why the covered entity or service provider collects, processes, or transfers the covered data.
(24)“publicly available information”, any information that a covered entity or service provider has a reasonable basis to believe has been lawfully made available to the general public from:—
(i)federal, state, or local government records, if the covered entity collects, processes, and transfers such information in accordance with any restrictions or terms of use placed on the information by the relevant government entity;
(ii)widely distributed media;
(iii)a website or online service made available to all members of the public, for free or for a fee, including where all members of the public, for free or for a fee, can log in to the website or online service;
(iv)a disclosure that has been made to the general public as required by federal, state, or local law; or
(v)the visual observation of the physical presence of an individual or a device in a public place, not including data collected by a device in the individual’s possession.
For purposes of this paragraph, information from a website or online service is not available to all members of the public if the individual who made the information available via the website or online service has restricted the information to a specific audience.
The term “publicly available information” does not include:—
(i)any obscene visual depiction, as defined in section 18 U.S.C. section 1460;
(ii)any inference made exclusively from multiple independent sources of publicly available information that reveals sensitive
(iii) covered data with respect to an individual;
(iv)biometric information;
(v)publicly available information that has been combined with covered data;
(vi)genetic information, unless otherwise made available by the individual to whom the information pertains;
(vii)intimate images known to have been created or shared without consent..
(25)“reasonably understandable”, of length and complexity such that an individual with an eighth-grade reading level, as established by the department of elementary and secondary education, can read and comprehend.
(26)“sensitive covered data”, the following types of covered data:—
(i)a government-issued identifier, such as a Social Security number, passport number, or driver’s license number, that is not required by law to be displayed in public.
(ii)any information that describes or reveals the past, present, or future physical health, mental health, disability, diagnosis, or healthcare condition or treatment of an individual.
(iii)a financial account number, debit card number, credit card number, or information that describes or reveals the income level or bank account balances of an individual, except that the last four digits of a debit or credit card number shall not be deemed sensitive covered data.
(iv)biometric information.
(v)genetic information.
(vi)location information.
(vii)an individual’s private communications such as voicemails, emails, texts, direct messages, or mail, or information identifying the parties to such communications, voice communications, video communications, and any information that pertains to the transmission of such communications, including telephone numbers called, telephone numbers from which calls were placed, the time calls were made, call duration, and location information of the parties to the call, unless the covered entity or a service provider acting on behalf of the covered entity is the sender or an intended recipient of the communication. Communications are not private for purposes of this clause if such communications are made from or to a device provided by an employer to an employee insofar as such employer provides conspicuous notice that such employer may access such communications.
(viii) account or device log-in credentials, or security or access codes for an account or device.
(ix) information identifying the sexual behavior of an individual in a manner inconsistent with the individual’s reasonable expectation regarding the collection, processing, or transfer of such information or when it is processed in a way that creates a substantial privacy risk for the individual.
(x)calendar information, address book information, phone or text logs, photos, audio recordings, or videos, maintained for private use by an individual, regardless of whether such information is stored on the individual’s device or is accessible from that device and is backed up in a separate location. Such information is not sensitive for purposes of this paragraph if such information is sent from or to a device provided by an employer to an employee insofar as such employer provides conspicuous notice that it may access such information.
(xi)a photograph, film, video recording, or other similar medium that shows the naked or undergarment-clad private area of an individual.
(xii)information revealing the video content requested or selected by an individual collected by a covered entity that is not a provider of a service described in section 102(4). This clause does not include covered data used solely for transfers for independent video measurement.
(xiii)information about an individual when the covered entity or service provider has knowledge that the individual is a covered minor.
(xiv)an individual’s race, color, ethnicity, sex, gender identity, sexual orientation, national origin, immigration status, disability, religion, or union membership.
(xv) information identifying an individual’s online activities over time and across third-party websites or online services.
(xvi)any other covered data collected, processed, or transferred for the purpose of identifying the types of covered data listed in clauses (1) through (16).
(27) “service provider”, a person or entity that:—
(i)collects, processes, or transfers covered data on behalf of, and at the direction of, a covered entity or a government agency; and
(ii)receives covered data from or on behalf of a covered entity or a government agency.
A service provider that receives service provider data from another service provider as permitted under this chapter shall be treated as a service provider under this chapter with respect to such data.
(28)“service provider data”, covered data that is collected or processed by or has been transferred to a service provider by or on behalf of a covered entity or a government agency or another service provider for the purpose of allowing the service provider to whom such covered data is transferred to perform a service or function on behalf of, and at the direction of, such covered entity or government agency.
(29) “small business”, a covered entity or a service provider that meets the following criteria for the period of the 3 preceding calendar years (or for the period during which the covered entity or service provider has been in existence if such period is less than 3 years):—
(i)the covered entity or service provider’s average annual gross revenues during the period did not exceed $41,000,000;
(ii)the covered entity or service provider, on average, did not annually collect or process the covered data of more than 200,000 individuals during the period beyond the purpose of initiating, rendering, billing for, finalizing, completing, or otherwise collecting payment for a requested service or product, so long as all covered data for such purpose was deleted or de-identified within 90 days, except when necessary to investigate fraud or as consistent with a covered entity’s return policy; and
(iii)the covered entity or service provider did not derive more than 50 percent of its revenue from transferring covered data during any year (or part of a year if the covered entity has been in existence for less than 1 year) that occurs during the period.
(30) “substantial privacy risk”, the collection, processing, or transfer of covered data in a manner that may result in any reasonably foreseeable substantial physical injury, economic injury, highly offensive intrusion into the privacy expectations of a reasonable individual under the circumstances, or discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity or disability.
(31) “targeted advertising”, presenting to an individual or device identified by a unique identifier, or groups of individuals or devices identified by unique identifiers, an online advertisement that is selected based on known or predicted preferences, characteristics, or interests associated with the individual or a device identified by a unique identifier; and does not include:—
(i)advertising or marketing to an individual or an individual’s device in response to the individual’s specific request for information or feedback;
(ii)contextual advertising, which is when an advertisement is displayed based on the content in which the advertisement appears and does not vary based on who is viewing the advertisement; or
(iii)processing covered data solely for measuring or reporting advertising or content, performance, reach, or frequency, including independent measurement.
(32) “third party”, any person or entity, including a covered entity, that—
(i)collects, processes, or transfers covered data and is not a consumer-facing business with which the individual linked or reasonably linkable to such covered data expects and intends to interact; and
(ii)is not a service provider with respect to such data.
This term does not include a person or entity that collects covered data from another entity if the two entities are related by common ownership or corporate control, but only if a reasonable consumer’s reasonable expectation would be that such entities share information.
(33)“data broker”, a covered entity whose principal source of revenue is derived from processing or transferring covered data that the covered entity did not collect directly from the individuals linked or linkable to the covered data. This term does not include a covered entity insofar as such entity processes employee data collected by and received from a third party concerning any individual who is an employee of the third party for the sole purpose of such third-party providing benefits to the employee. An entity may not be considered to be a data broker for purposes of this chapter if the entity is acting as a service provider.
(34)“third party data”, covered data that has been transferred to a third party.
(35)“transfer”, to disclose, release, disseminate, make available, license, rent, or share covered data orally, in writing, electronically, or by any other means.
(36)“unique identifier”, an identifier to the extent that such identifier is reasonably linkable to an individual or device that identifies or is linked or reasonably linkable to 1 or more individuals, including a device identifier, Internet Protocol address, cookie, beacon, pixel tag, mobile ad identifier, or similar technology, customer number, unique pseudonym, user alias, telephone number, or other form of persistent or probabilistic identifier that is linked or reasonably linkable to an individual or device. This term does not include an identifier assigned by a covered entity for the specific purpose of giving effect to an individual’s exercise of affirmative express consent or opt-outs of the collection, processing, and transfer of covered data pursuant to this chapter or otherwise limiting the collection, processing, or transfer of such information.
(37)“widely distributed media”, information that is available to the general public, including information from a telephone book or online directory, a television, internet, or radio program, the news media, or an internet site that is available to the general public on an unrestricted basis, but does not include an obscene visual depiction, as defined in 18 U.S.C. section 1460.
Section 2. Duty of Loyalty
(a)A covered entity may not collect, process, or tran sfer covered data unless the collection, processing, or transfer is limited to what is reasonably necessary and proportionate to carry out one of the following purposes:—
(1)provide or maintain a specific product or service requested by the individual to whom the data pertains;
(2)initiate, manage, complete a transaction, or fulfill an order for specific products or services requested by an individual, including any associated routine administrative, operational, and account-servicing activity such as billing, shipping, delivery, storage, and accounting;
(3)authenticate users of a product or service;
(4)fulfill a product or service warranty;
(5)prevent, detect, protect against, or respond to a security incident. For purposes of this paragraph, security is defined as network security and physical security and life safety, including an intrusion or trespass, medical alerts, fire alarms, and access control security;
(6)to prevent, detect, protect against, or respond to fraud, harassment, or illegal activity targeted at or involving the covered entity or its services. For purposes of this paragraph, the term “illegal activity”, a violation of a federal, state, or local law punishable as a felony or misdemeanor that can directly harm;
(7)comply with a legal obligation imposed by state or federal law, or to investigate, establish, prepare for, exercise, or defend legal claims involving the covered entity or service provider;
(8)effectuate a product recall pursuant to state or federal law;
(9)conduct a public or peer-reviewed scientific, historical, or statistical research project that:—
(i)is in the public interest; and
(ii)adheres to all relevant laws and regulations governing such research, including regulations for the protection of human subjects, or is excluded from criteria of the institutional review board;
(10) deliver a communication that is not an advertisement to an individual, if the communication is reasonably anticipated by the individual within the context of the individual’s interactions with the covered entity;
(11)deliver a communication at the direction of an individual between such individual and one or more individuals or entities;
(12)ensure the data security and integrity of covered data in accordance with chapter 93H;
(13)to support or promote participation by individuals in civic engagement activities and democratic governance, including voting, petitioning, engaging with government proceedings, providing indigent legal aid services, and unionizing; or
(14)transfer assets to a third party in the context of a merger, acquisition, bankruptcy, or similar transaction when the third party assumes control, in whole or in part, of the covered entity’s assets, only if the covered entity, in a reasonable time prior to such transfer, provides each affected individual with:—
(i)a notice describing such transfer, including the name of the entity or entities receiving the individual’s covered data and their privacy policies; and
(ii)a reasonable opportunity to withdraw any previously given consents related to the individual’s covered data and a reasonable opportunity to request the deletion of the individual’s covered data.
(b)A covered entity may, with respect to covered data previously collected in accordance with the previous subsection, process such data:—
(1) as necessary to provide first-party advertising or marketing of products or services provided by the covered entity for individuals who are not covered minors;
(2)to provide targeted advertising; provided, however, that such collection, processing, and transferring complies with the requirements of this chapter;
(3)process such data as necessary to perform system maintenance or diagnostics;
(4)develop, maintain, repair, or enhance a product or service for which such data was collected;
(5)to conduct internal research or analytics to improve a product or service for which such data was collected;
(6)perform inventory management or reasonable network management;
(7)protect against spam; or
(8)debug or repair errors that impair the functionality of a service or product for which such data was collected.
(c)A covered entity or service provider shall not:—
(1) engage in deceptive advertising or marketing with respect to a product or service offered to an individual; or
(2)draw an individual into signing up for or acquiring a product or service through:—
(i)the use of any false, fictitious, fraudulent, or materially misleading statement or representation; or
(ii)the design, modification, or manipulation of any user interface with the purpose or substantial effect of obscuring, subverting, or impairing a reasonable individual’s autonomy, decision-making, or choice.
(d)Nothing in this chapter shall be construed or interpreted to:—
(1)limit or diminish free speech rights of covered entities guaranteed under the First Amendment to the Constitution of the United States or under Article 16 of Massachusetts Declaration of Rights; or
(2)imply any purpose that is not enumerated in subsections (a) and (b), when applicable.
Section 3. Sensitive covered data.
(a)A covered entity or service provider shall not:—
(1)collect, process, or transfer a Social Security number, except when necessary to facilitate an extension of credit, authentication, fraud and identity fraud detection and prevention, the payment or collection of taxes, the enforcement of a contract between parties, or the prevention, investigation, or prosecution of fraud or illegal activity, or as otherwise required by state or federal law;
(2)collect or process sensitive covered data, except where such collection or processing is strictly necessary to provide or maintain a specific product or service requested by the individual to whom the covered data pertains or is strictly necessary to effect a purpose enumerated in paragraphs (1), (2), (3), (5), (7), (9), (10), (11), (13), (14) of subsection (a) of section 2, and such data is only used for that purposes;
(3)transfer an individual’s sensitive covered data to a third party, unless:—
(i)the transfer is made pursuant to the affirmative express consent of the individual, given before each specific transfer takes place;
(ii)the transfer is necessary to comply with a legal obligation imposed by state or federal law, so long as such obligation preexisted the collection and previous notice of such obligation was provided to the individual to whom the data pertains;
(iii)the transfer is necessary to prevent an individual from imminent injury where the covered entity believes in good faith that the individual is at risk of death, serious physical injury, or serious health risk;
(iv)in the case of the transfer of a password, the transfer is necessary to use a designated password manager or is to a covered entity for the exclusive purpose of identifying passwords that are being re-used across sites or accounts;
(v)in the case of the transfer of genetic information, the transfer is necessary to perform a medical diagnosis or medical treatment specifically requested by an individual, or to conduct medical research in accordance with federal and state law; and
(vi)in the case of transfer assets in case of a merger, if the transfer is made in accordance with paragraph (14) of subsection (a) of section (2); or
(4)process sensitive covered data for purposes of targeted advertising.
Section 4. Consent practices
(a)The requirements of this chapter with respect to a request for affirmative consent from a covered entity to an individual are the following:—
(1)The request for affirmative consent should be provided to the individual in a clear and conspicuous standalone disclosure made through the primary medium used to offer the covered entity’s product or service, or only if the product or service is not offered in a medium that permits the making of the request under this paragraph, another medium regularly used in conjunction with the covered entity’s product or service;
(2)The request includes a description of the processing purpose for which the individual’s consent is sought by:—
(i)clearly stating the specific categories of covered data that the covered entity shall collect, process, and transfer necessary to effectuate the processing purpose; and
(ii)including a prominent heading and is reasonably understandable so that an individual can identify and understand the processing purpose for which consent is sought and the covered data to be collected, processed, or transferred by the covered entity for such processing purpose;
(3)The request clearly explains the individual’s applicable rights related to consent;
(4)The request is made in a manner reasonably accessible to and usable by individuals with disabilities;
(5)The request is made available to the individual in each covered language in which the covered entity provides a product or service for which authorization is sought;
(6)The option to refuse consent shall be at least as prominent as the option to accept, and the option to refuse consent shall take the same number of steps or fewer as the option to accept; and
(7)Processing or transferring any covered data collected pursuant to affirmative express consent for a different processing purpose than that for which affirmative express consent was obtained shall require affirmative express consent for the subsequent processing purpose.
(b)A covered entity shall not infer that an individual has provided affirmative express consent to a practice from the inaction of the individual or the individual’s continued use of a service or product provided by the covered entity.
(c)A covered entity shall not obtain or attempt to obtain the affirmative express consent of an individual through:—
(1)the use of any false, fictitious, fraudulent, or materially misleading statement or representation; or
(2)the design, modification, or manipulation of any user interface with the purpose or substantial effect of obscuring, subverting, or impairing a reasonable individual’s autonomy, decision-making, or choice to provide such consent or any covered data.
Section 5. Privacy by design
(a)A covered entity and a service provider shall establish, implement, and maintain reasonable policies, practices, and procedures that reflect the role of the covered entity or service provider in the collection, processing, and transferring of covered data and that:—
(1)consider applicable federal and state laws, rules, or regulations related to covered data the covered entity or service provider collects, processes, or transfers;
(2)identify, assess, and mitigate privacy risks related to covered minors;
(3)mitigate privacy risks, including substantial privacy risks, related to the products and services of the covered entity or the service provider, including in the design, development, and implementation of such products and services, considering the role of the covered entity or service provider and the information available to it; and
(4)implement reasonable training and safeguards within the covered entity and service provider to promote compliance with all privacy laws applicable to covered data the covered entity collects, processes, or transfers or covered data the service provider collects, processes, or transfers on behalf of the covered entity and mitigate privacy risks, including substantial privacy risks, taking into account the role of the covered entity or service provider and the information available to it.
(b)The policies, practices, and procedures established by a covered entity and a service provider under subsection (a), shall correspond with, as applicable:—
(1)the size of the covered entity or the service provider and the nature, scope, and complexity of the activities engaged in by the covered entity or service provider, including whether the covered entity or service provider is a large data holder, nonprofit organization, small business, third party, or data broker, considering the role of the covered entity or service provider and the information available to it;
(2)the sensitivity of the covered data collected, processed, or transferred by the covered entity or service provider;
(3)the volume of covered data collected, processed, or transferred by the covered entity or service provider;
(4)the number of individuals and devices to which the covered data collected, processed, or transferred by the covered entity or service provider relates; and
(5)the cost of implementing such policies, practices, and procedures in relation to the risks and nature of the covered data.
Section 6. Pricing
(a)A covered entity may not retaliate against an individual for:—
(1)exercising any of the rights guaranteed by this chapter, or any regulations promulgated under this chapter; or
(2)refusing to agree to collection or processing of covered data for a separate product or service, including denying goods or services, charging different prices or rates for goods or services, or providing a different level of quality of goods or services.
(b)Nothing in subsection (a) shall be construed to:—
(1)prohibit the relation of the price of a service or the level of service provided to an individual to the provision, by the individual, of financial information that is necessarily collected and processed only for the purpose of initiating, rendering, billing for, or collecting payment for a service or product requested by the individual;
(2)prohibit a covered entity from offering a different price, rate, level, quality or selection of goods or services to an individual, including offering goods or services for no fee, if the offering is in connection with an individual’s voluntary participation in a bona fide loyalty, , rewards, premium features, discount or club card program, provided, that the covered entity may not sell covered data to a third-party as part of such a program unless:—
(i)the sale is reasonably necessary to enable the third party to provide a benefit to which the consumer is entitled;
(ii)the sale of personal data to third parties is clearly disclosed in the terms of the program; and
(iii)the third party uses the personal data only for purposes of facilitating such a benefit to which the consumer is entitled and does not retain or otherwise use or disclose the personal data for any other purpose;
(3)require a covered entity to provide a bona fide loyalty program that would require the covered entity to collect, process, or transfer covered data that the covered entity otherwise would not collect, process, or transfer;
(4)prohibit a covered entity from offering a financial incentive or other consideration to an individual for participation in market research;
(5)prohibit a covered entity from offering different types of pricing or functionalities with respect to a product or service based on an individual’s exercise of a right to delete; or
(6)prohibit a covered entity from declining to provide a product or service insofar as the collection and processing of covered data is strictly necessary for such product or service.
(c)Notwithstanding the provisions in this subsection, no covered entity may offer different types of pricing that are unjust, unreasonable, coercive, or usurious in nature.
Section 7. Privacy policy
(a)Each covered entity and service provider shall make publicly available, in a clear, conspicuous, not misleading, a reasonably understandable privacy policy that provides a detailed and accurate representation of the data collection, processing, and transfer activities of the covered entity.
(b)The privacy policy must be provided in a manner that is reasonably accessible to and usable by individuals with disabilities. The policy shall be made available to the public in each covered language in which the covered entity or service provider provides a product or service that is subject to the privacy policy; or carries out activities related to such product or service.
(c)The privacy policy must include, at a minimum, the following:—
(1)The identity and the contact information of:—
(i)the covered entity or service provider to which the privacy policy applies, including the covered entity’s or service provider’s points of contact and generic electronic mail addresses, as applicable for privacy and data security inquiries;
(ii)any other entity within the same corporate structure as the covered entity or service provider to which covered data is transferred by the covered entity;
(iii)the categories of covered data the covered entity or service provider collects or processes;
(iv)the processing purposes for each category of covered data the covered entity or service provider collects or processes;
(v)whether the covered entity or service provider transfers covered data and, if so, each category of service provider and third party to which the covered entity or service provider transfers covered data, the name of each data broker to which the covered entity or service provider transfers covered data, and the purposes for which such data is transferred to such categories of service providers and third parties or third-party collecting entities, except for a transfer to a governmental entity pursuant to a court order or law that prohibits the covered entity or service provider from disclosing such transfer;
(vi)The length of time the covered entity or service provider intends to retain each category of covered data, including sensitive covered data, or, if it is not possible to identify that timeframe, the criteria used to determine the length of time the covered entity or service provider intends to retain categories of covered data;
(vii)A prominent description of how an individual can exercise the rights described in this chapter;
(viii)A general description of the covered entity’s or service provider’s data security practices; and
(ix)The effective date of the privacy policy.
(d)If a covered entity makes a material change to its privacy policy or practices, the covered entity shall notify each individual affected by such material change before implementing the material change with respect to any prospectively collected covered data and, except as provided in paragraphs (1) through (15) of section 2, provide a reasonable opportunity for each individual to withdraw consent to any further materially different collection, processing, or transfer of previously collected covered data under the changed policy.
(e)The covered entity shall take all reasonable electronic measures to provide direct notification regarding material changes to the privacy policy to each affected individual, in each covered language in which the privacy policy is made available, and taking into account available technology and the nature of the relationship.
(f)Nothing in this section shall be construed to affect the requirements for covered entities under other sections of this chapter.
(g)Each large data holder shall retain copies of previous versions of its privacy policy for at least 10 years beginning after the date of enactment of this chapter and publish them on its website. Such large data holder shall make publicly available, in a clear, conspicuous, and readily accessible manner, a log describing the date and nature of each material change to its privacy policy over the past 10 years. The descriptions shall be sufficient for a reasonable individual to understand the material effect of each material change. The obligations in this paragraph shall not apply to any previous versions of a large data holder’s privacy policy, or any material changes to such policy, that precede the date of enactment of this Act.
(h)In addition to the privacy policy required under subsection (a), a large data holder that is a covered entity shall provide a short form notice of no more than 500 words in length that includes the main features of their data practices.
Section 8. Individual data rights
(a)A covered entity shall provide an individual, after receiving a verified request from the individual, with the right to:—
(1)access:—
(i)in a human-readable format that a reasonable individual can understand and download from the internet, the covered data (except covered data in a back-up or archival system) of the individual making the request that is collected, processed, or transferred by the covered entity or any service provider of the covered entity within the 24 months preceding the request;
(ii)the categories of any third party, if applicable, and an option for consumers to obtain the names of any such third party as well as and the categories of any service providers to whom the covered entity has transferred for consideration the covered data of the individual, as well as the categories of sources from which the covered data was collected; and
(iii)a description of the purpose for which the covered entity transferred the covered data of the individual to a third party or service provider;
(2)correct any verifiable substantial inaccuracy or substantially incomplete information with respect to the covered data of the individual that is processed by the covered entity and instruct the covered entity to make reasonable efforts to notify all third parties or service providers to which the covered entity transferred such covered data of the corrected information;
(3)delete covered data of the individual that is processed by the covered entity and instruct the covered entity to make reasonable efforts to notify all third parties or service provider to which the covered entity transferred such covered data of the individual’s deletion request; and
(4)to the extent technically feasible, export to the individual or directly to another entity the covered data of the individual that is processed by the covered entity, including inferences linked or reasonably linkable to the individual but not including other derived data, without licensing restrictions that limit such transfers in:—
(i)a human-readable format that a reasonable individual can understand and download from the internet; and
(ii)a portable, structured, interoperable, and machine-readable format.
(b)A covered entity may not condition, effectively condition, attempt to condition, or attempt to effectively condition the exercise of a right described in subsection (a) through:—
(1)the use of any false, fictitious, fraudulent, or materially misleading statement or representation; or
(2)the design, modification, or manipulation of any user interface with the purpose or substantial effect of obscuring, subverting, or impairing a reasonable individual’s autonomy, decision making, or choice to exercise such right.
(c)Subject to subsections (d) and (e), each request under subsection (a) shall be completed within 30 days of such request from an individual, unless it is demonstrably impracticable or impracticably costly to verify such individual.
(d)A response period set forth in this subsection may be extended once by 20 additional days when reasonably necessary, considering the complexity and number of the individual’s requests, so long as the covered entity informs the individual of any such extension within the initial 30-day response period, together with the reason for the extension.
(e)A covered entity:—
(1)shall provide an individual with the opportunity to exercise each of the rights described in subsection (a) and with respect to:—
(A)the first two times that an individual exercises any right described in subsection (a) in any 12-month period, shall allow the individual to exercise such right free of charge; and
(B)any time beyond the initial two times described in subparagraph (A), may allow the individual to exercise such right for a reasonable fee for each request.
(f)A covered entity may not permit an individual to exercise a right described in subsection (a), in whole or in part, if the covered entity:—
(1)cannot reasonably verify that the individual making the request to exercise the right is the individual whose covered data is the subject of the request or an individual authorized to make such a request on the individual’s behalf;
(2)reasonably believes that the request is made to interfere with a contract between the covered entity and another individual;
(3)determines that the exercise of the right would require access to or correction of another individual’s sensitive covered data;
(4)reasonably believes that the exercise of the right would require the covered entity to engage in an unfair or deceptive practice under state law; or
(5)reasonably believes that the request is made to further fraud, support criminal activity, or the exercise of the right presents a data security threat.
(g)If a covered entity cannot reasonably verify that a request to exercise a right described in subsection (a) is made by the individual whose covered data is the subject of the request (or an individual authorized to make such a request on the individual’s behalf), the covered entity:—
(1)may request that the individual making the request to exercise the right provide any additional information necessary for the sole purpose of verifying the identity of the individual; and
(2)may not process or transfer such additional information for any other purpose.
(h)A covered entity may decline, with adequate explanation to the individual, to comply with a request to exercise a right described in subsection (a), in whole or in part, that would:—
(1)require the covered entity to retain any covered data collected for a single, one-time transaction, if such covered data is not processed or transferred by the covered entity for any purpose other than completing such transaction;
(2)be demonstrably impracticable or prohibitively costly to comply with, and the covered entity shall provide a description to the requestor detailing the inability to comply with the request;
(3)require the covered entity to attempt to re-identify de-identified data;
(4)require the covered entity to maintain covered data in an identifiable form or collect, retain, or access any data in order to be capable of associating a verified individual request with covered data of such individual;
(5)result in the release of trade secrets or other privileged or confidential business information;
(6)require the covered entity to correct any covered data that cannot be reasonably verified as being inaccurate or incomplete;
(7)interfere with law enforcement, judicial proceedings, investigations, or reasonable efforts to guard against, detect, prevent, or investigate fraudulent, malicious, or unlawful activity, or enforce valid contracts;
(8)violate state or federal law or the rights and freedoms of another individual, including under the Constitution of the United States and Massachusetts Declaration of Rights;
(9)prevent a covered entity from being able to maintain a confidential record of deletion requests, maintained solely for the purpose of preventing covered data of an individual from being recollected after the individual submitted a deletion request and requested that the covered entity no longer collect, process, or transfer such data; or
(10)endanger the source of the data if such data could only have been obtained from a single identified source.
(i)A covered entity may decline, with adequate explanation to the individual, to comply with a request for deletion pursuant to paragraph (3) of subsection (a) if such request:—
(1)unreasonably interfere with the provision of products or services by the covered entity to another person it currently serves;
(2)requests to delete covered data that relates to (A) a public figure, public official, or limited-purpose public figure; or (B) any other individual that has no reasonable expectation of privacy with respect to such data;
(3)requests to delete covered data reasonably necessary to perform a contract between the covered entity and the individual;
(4)requests to delete covered data that the covered entity needs to retain in order to comply with professional ethical obligations;
(5)requests to delete covered data that the covered entity reasonably believes may be evidence of unlawful activity or an abuse of the covered entity’s products or service; or
(6)involves private elementary and secondary schools as defined by state law and private institutions of higher education as defined by title I of the Higher Education Act of 1965 and targets covered data that would unreasonably interfere with the provision of education services by or the ordinary operation of the school or institution.
(j)In a circumstance that would allow a denial pursuant to this section, a covered entity shall partially comply with the remainder of the request if it is possible and not unduly burdensome to do so.
(k)The receipt of a large number of verified requests, on its own, may not be considered to render compliance with a request demonstrably impracticable.
(l)A covered entity shall facilitate the ability of individuals to make requests under subsection (a) in any covered language in which the covered entity provides a product or service. The mechanisms by which a covered entity enables individuals to make requests under subsection (a) shall be readily accessible and usable by individuals with disabilities.
Section 9. Advanced data rights.
(a)Covered entities shall provide an individual with a clear and conspicuous, easy-to-execute means to withdraw affirmative express consent. Those means shall be as easy to execute by a reasonable individual as the means to provide consent.
(b)Right to opt-out of covered data transfers. A covered entity:—
(1)may not transfer or direct the transfer of the covered data of an individual to a third party if the individual objects to the transfer; and
(2)shall allow an individual to object to such a transfer through an opt out mechanism, as described in section 12.
(c)Right to opt out of targeted advertising. A covered entity or service provider that directly delivers a targeted advertisement shall:—
(1)prior to engaging in targeted advertising to an individual or device and at all times, thereafter, provide such individual with a clear and conspicuous means to opt out of targeted advertising;
(2)abide by any opt-out designation by an individual with respect to targeted advertising and notify the covered entity that directed the service provider to deliver the targeted advertisement of the opt-out decision; and
(3)allow an individual to make an opt-out designation with respect to targeted advertising through an opt-out mechanism.
(d)A covered entity or service provider that receives an opt-out notification pursuant to this section shall abide by such opt-out designations by an individual and notify any other person that directed the covered entity or service provider to serve, deliver, or otherwise handle the advertisement of the opt-out decision.
(e)A covered entity may not condition, effectively condition, attempt to condition, or attempt to effectively condition the exercise of any individual right under this section through:—
(1)the use of any false, fictitious, fraudulent, or materially misleading statement or representation; or
(2)the design, modification, or manipulation of any user interface with the purpose or substantial effect of obscuring, subverting, or impairing a reasonable individual’s autonomy, decision making, or choice to exercise any such right.
(f)A covered entity shall notify third parties who had access to an individual’s covered data when the individual exercises any of the rights established in this section. The third party shall comply with the request to opt-out of sale or data transfer forwarded to them from a covered entity that provided, made available, or authorized the collection of the individual’s covered data. The third party shall comply with the request in the same way a covered entity is required to comply with the request. The third party shall no longer retain, use, or disclose the personal information unless the third party becomes a service provider or a covered entity in the terms of this chapter.
Section 10. Minors
(a)A covered entity may not engage in targeted advertising to any individual if the covered entity has knowledge that the individual is a covered minor.
Section 11. Data Brokers
(a)Each data broker shall place a clear, conspicuous, not misleading, and readily accessible notice on the website or mobile application of the data broker (if the data broker maintains such a website or mobile application) that:—
(1)notifies individuals that the entity is a data broker;
(2)includes a link to the data broker registry website; and
(3)is reasonably accessible to and usable by individuals with disabilities.
(b)Data broker registration. Not later than January 31 of each calendar year that follows a calendar year during which a covered entity acted as a data broker, data brokers shall register with the OCABR in accordance with this subsection.
(1)In registering with the OCABR, a data broker shall do the following:—
(i)Pay to the OCABR a registration fee of $100;
(ii)Provide the OCABR with the following information:—
(A)The legal name and primary physical, email, and internet addresses of the data broker;
(B)A description of the categories of covered data the data broker processes and transfers;
(C) The contact information of the data broker, including a contact person, a telephone number, an e-mail address, a website, and a physical mailing address; and
(D) A link to a website through which an individual may easily exercise the rights provided under this subsection.
(c)The OCABR shall establish and maintain on a website a searchable, publicly available, central registry of third-party collecting entities that are registered with the OCABR under this subsection that includes a listing of all registered data brokers and a search feature that allows members of the public to identify individual data brokers and access to the registration information provided under subsection (b).
(d)Penalties. A data broker that fails to register or provide the notice as required under this section shall be liable for:—
(1)a civil penalty of $100 for each day the data broker fails to register or provide notice as required under this section, not to exceed a total of $10,000 for any year; and
(2)an amount equal to the registration fees for each year that the data broker failed to register as required under this subsection.
(e)Nothing in this subsection shall be construed as altering, limiting, or affecting any enforcement authorities or remedies under this chapter.
Section 11. Civil rights protections
(a)A covered entity or a service provider may not collect, process, or transfer covered data or publicly available data in a manner that discriminates in or otherwise makes unavailable the equal enjoyment of goods or services (i.e., has a disparate impact) on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity or disability.
(b)This subsection shall not apply to:—
(1)the collection, processing, or transfer of covered data for the purpose of:—
(i) covered entity’s or a service provider’s self-testing to prevent or mitigate unlawful discrimination; or
(ii)diversifying an applicant, participant, or customer pool; or
(2)any private club or group not open to the public, as described in section 201(e) of the Civil Rights Act of 1964, 42 U.S.C. section 2000a(e).
(c)Whenever the Attorney General obtains information that a covered entity or service provider may have collected, processed, or transferred covered data in violation of subsection (a), the Attorney General shall initiate enforcement actions relating to such violation in accordance with section (14) this chapter.
(1)Not later than 3 years after the date of enactment of this chapter, and annually thereafter, the Attorney General shall submit to the legislature a report that includes a summary of the enforcement actions taken under this subsection.
(d)Covered algorithm impact and evaluation. Notwithstanding any other provision of law, not later than 2 years after the date of enactment of this chapter, and annually thereafter, a large data holders that uses a covered algorithm in a manner that poses a consequential risk of harm to an individual or group of individuals, and uses such covered algorithm solely or in part, to collect, process, or transfer covered data or publicly available data shall conduct an impact assessment of such algorithm in accordance with paragraph (1).
(1)The impact assessment required under subsection (d) shall provide the following:—
(i)A detailed description of the design process and methodologies of the covered algorithm;
(ii)A statement of the purpose and proposed uses of the covered algorithm;
(iii)A detailed description of the data used by the covered algorithm, including the specific categories of data that will be processed as input and any data used to train the model that the covered algorithm relies on, if applicable;
(iv)A description of the outputs produced by the covered algorithm as well as the outcomes of their use;
(v)An assessment of the necessity and proportionality of the covered algorithm in relation to its stated purpose; and
(vi)A detailed description of steps the large data holder has taken or will take to mitigate potential harms from the covered algorithm to an individual or group of individuals, including related to:—
(A)covered minors;
(B)making or facilitating advertising for, or determining access to, or restrictions on the use of housing, education, employment, healthcare, insurance, or credit opportunities;
(C)determining access to, or restrictions on the use of, any place of public accommodation, particularly as such harms relate to the protected characteristics of individuals, including race, color, religion, national origin, sex, sexual orientation, gender identity or disability;
(D)disparate impact on the basis of individuals’ race, color, religion, national origin, sex, sexual orientation, gender identity or disability status; or
(E)disparate impact on the basis of individuals’ political party registration status.
(e)Notwithstanding any other provision of law, not later than 2 years after the date of enactment of this chapter, a covered entity or service provider that knowingly develops a covered algorithm that is designed, solely or in part, to collect, process, or transfer covered data in furtherance of a consequential decision shall, prior to deploying the covered algorithm evaluate the design, structure, and inputs of the covered algorithm, including any training data used to develop the covered algorithm, to reduce the risk of the potential harms identified under the previous paragraph.
(f)In complying with paragraphs (1) and (2), a covered entity and a service provider may focus the impact assessment or evaluation on any covered algorithm, or portions of a covered algorithm, that will be put to use and may reasonably contribute to the risk of the potential harms identified under paragraph (2).
(g)A covered entity and a service provider shall:—
(1)submit the impact assessment or evaluation conducted under paragraph (1) or (2) to the Attorney General not later than 30 days after completing an impact assessment or evaluation;
(2)make such impact assessment and evaluation available to the legislature, upon request; and
(3)make a summary of such impact assessment and evaluation publicly available in a their website or any other similar place that is easily accessible to individuals.
(h)Covered entities and service providers may redact and segregate any trade secrets, as defined in 18 U.S.C. section 1839, or other confidential or proprietary information from public disclosure under this subsection.
(i)The Attorney General may not use any information obtained solely and exclusively through a covered entity or a service provider’s disclosure of information to the Attorney General in compliance with this section for any other purpose than enforcing this chapter; provided, however, that it may be used for enforcing consent orders.
(1)The previous subparagraph does not preclude the Attorney General from providing information about a covered entity to the legislature in response to a subpoena.
Section 12. Miscellaneous
(a)Not later than 18 months after the date of enactment of this chapter, the OCABR shall establish or recognize one or more acceptable privacy protective, centralized mechanisms for individuals to exercise the opt-out rights recognized in section 9.
(b)Any such centralized opt-out mechanism shall:—
(1)require covered entities or service providers acting on behalf of covered entities to inform individuals about the centralized opt-out choice;
(2)not be required to be the default setting, but may be the default setting provided that in all cases the mechanism clearly represents the individual’s affirmative, freely given, and unambiguous choice to opt out;
(3)be consumer-friendly, clearly described, and easy-to-use by a reasonable individual;
(4) be provided in any covered language in which the covered entity provides products or services subject to the opt-out; and
(5)be provided in a manner that is reasonably accessible to and usable by individuals with disabilities.
(c)A covered entity or service provider that is not a small business shall designate:—
(1)1 or more qualified employees as privacy officers; and
(2)1 or more qualified employees as data security officers.
(d)An employee who is designated as a privacy officer or a data security officer pursuant to subsection (c) shall, at a minimum:—
(1)implement a data privacy program and data security program to safeguard the privacy and security of covered data in compliance with the requirements of this chapter; and
(2)facilitate the covered entity or service provider’s ongoing compliance with this chapter.
(e)Each covered entity that is a large data holder shall conduct a privacy impact assessment that weighs the benefits of the large data holder’s covered data collecting, processing, and transfer practices against the potential adverse consequences of such practices, including substantial privacy risks, to individual privacy.
(1)The assessment shall be conducted not later than 1 year after the date of enactment of this chapter or 1 year after the date on which a covered entity first meets the definition of large data holder, whichever is earlier, and biennially thereafter.
(f)A privacy impact assessment required under subsection (e) shall be:—
(1)reasonable and appropriate in scope given:—
(i)the nature of the covered data collected, processed, and transferred by the large data holder;
(ii)the volume of the covered data collected, processed, and transferred by the large data holder; and
(iii)the potential material risks posed to the privacy of individuals by the collecting, processing, and transfer of covered data by the large data holder;
(2)documented in written form and maintained by the large data holder unless rendered out of date by a subsequent assessment conducted under subsection (e); and
(3)approved by the privacy protection officer designated pursuant to subsection (c).
(g)In assessing the privacy risks, including substantial privacy risks, the large data holder must include reviews of the means by which technologies are used to secure covered data.
Section 13. Service providers.
(a)A service provider:—
(1)shall adhere to the instructions of a covered entity and only collect, process, and transfer service provider data to the extent necessary and proportionate to provide a service requested by the covered entity, as set out in the contract required by subsection (b), and this paragraph does not require a service provider to collect, process, or transfer covered data if the service provider would not otherwise do so;
(2)may not collect, process, or transfer service provider data if the service provider has actual knowledge that a covered entity violated this chapter with respect to such data;
(3)shall assist a covered entity in responding to a request made by an individual under this chapter, by either:—
(i)providing appropriate technical and organizational measures, considering the nature of the processing and the information reasonably available to the service provider, for the covered entity to comply with such request for service provider data; or
(ii)fulfilling a request by a covered entity to execute an individual rights request that the covered entity has determined should be complied with, by either:—
(A)complying with the request pursuant to the covered entity’s instructions; or
(B)providing written verification to the covered entity that it does not hold covered data related to the request, that complying with the request would be inconsistent with its legal obligations, or that the request falls within an exception under this chapter;
(4) may engage another service provider for purposes of processing service provider data on behalf of a covered entity only after providing that covered entity with notice and pursuant to a written contract that requires such other service provider to satisfy the obligations of the service provider with respect to such service provider data, including that the other service provider be treated as a service provider under this chapter;
(5)shall, upon the reasonable request of the covered entity, make available to the covered entity information necessary to demonstrate the compliance of the service provider with the requirements of this chapter, which may include making available a report of an independent assessment arranged by the service provider on terms agreed to by the service provider and the covered entity, providing information necessary to enable the covered entity to conduct and document a privacy impact assessment required by this chapter;
(6)shall, at the covered entity’s direction, delete or return all covered data to the covered entity as requested at the end of the provision of services, unless retention of the covered data is required by law;
(7)shall develop, implement, and maintain reasonable administrative, technical, and physical safeguards that are designed to protect the security and confidentiality of covered data the service provider processes consistent with chapter 93H of the general laws; and
(8) shall allow and cooperate with reasonable assessments by the covered entity or the covered entity’s designated assessor. Alternatively, the service provider may arrange for a qualified and independent assessor to conduct an assessment of the service provider’s policies and technical and organizational measures in support of the obligations under this chapter using an appropriate and accepted control standard or framework and assessment procedure for such assessments. The service provider shall provide a report of such assessment to the covered entity upon request.
(b)A person or entity may only act as a service provider pursuant to a written contract between the covered entity and the service provider, or a written contract between one service provider and a second service provider as described under paragraph (4) of subsection (a), if the contract:—
(1)sets forth the data processing procedures of the service provider with respect to collection, processing, or transfer performed on behalf of the covered entity or service provider;
(2)clearly sets forth:—
(i)instructions for collecting, processing, or transferring data;
(ii)the nature and purpose of collecting, processing, or transferring;
(iii)the type of data subject to collecting, processing, or transferring;
(iv)the duration of processing; and
(v)the rights and obligations of both parties, including a method by which the service provider shall notify the covered entity of material changes to its privacy practices;
(3)does not relieve a covered entity or a service provider of any requirement or liability imposed on such covered entity or service provider under this chapter; and
(4)prohibits:—
(i)collecting, processing, or transferring covered data in contravention to subsection (a); and
(ii)combining service provider data with covered data which the service provider receives from or on behalf of another person or persons or collects from the interaction of the service provider with an individual, provided that such combining is not necessary to effectuate a purpose described in paragraphs (1) through (15) of section 2(a) and is otherwise permitted under the contract required by this subsection.
(c)Each service provider shall retain copies of previous contracts entered into in compliance with this subsection with each covered entity to which it provides requested products or services.
(d)The classification of a person or entity as a covered entity or as a service provider and the relationship between covered entities and service providers are regulated by the following provisions:—
(1)Determining whether a person is acting as a covered entity or service provider with respect to a specific processing of covered data is a fact-based determination that depends upon the context in which such data is processed.
(2)A person or entity that is not limited in its processing of covered data pursuant to the instructions of a covered entity, or that fails to adhere to such instructions, is a covered entity and not a service provider with respect to a specific processing of covered data. A service provider that continues to adhere to the instructions of a covered entity with respect to a specific processing of covered data remains a service provider. If a service provider begins, alone or jointly with others, determining the purposes and means of the processing of covered data, it is a covered entity and not a service provider with respect to the processing of such data.
(3)A covered entity that transfers covered data to a service provider or a service provider that transfers covered data to a covered entity or another service provider, in compliance with the requirements of this chapter, is not liable for a violation of this chapter by the service provider or covered entity to whom such covered data was transferred, if at the time of transferring such covered data, the covered entity or service provider did not have actual knowledge that the service provider or covered entity would violate this chapter.
(4)A covered entity or service provider that receives covered data in compliance with the requirements of this chapter is not in violation of this chapter as a result of a violation by a covered entity or service provider from which such data was received.
(e)A third party:—
(1)shall not process third party data for a processing purpose other than the processing purpose for which—
(i)the individual gave affirmative express consent or to effect a purpose enumerated in paragraph (2), (3), or (5) of subsection (a) of section 2 in the case of sensitive covered data; or
(ii)the covered entity made a disclosure pursuant to their privacy policy and in the case of data that is not sensitive data;
(2)may reasonably rely on representations made by the covered entity that transferred the third-party data if the third party conducts reasonable due diligence on the representations of the covered entity and finds those representations to be credible.
(f)Solely for the purposes of this section, the requirements for service providers to contract with, assist, and follow the instructions of covered entities shall be read to include requirements to contract with, assist, and follow the instructions of a government entity if the service provider is providing a service to a government entity.
Section 14. Enforcement. Private Right of Action and Attorney General enforcement.
(a)A violation of this chapter or a regulation promulgated under this chapter constitutes an injury to that individual.
(b)Private right of action. Any individual alleging a violation of this chapter by a covered entity that is not a small business may bring a civil action in the superior court or any court of competent jurisdiction.
(c)An individual protected by this chapter may not be required, as a condition of service or otherwise, to file an administrative complaint with the commission or to accept mandatory arbitration of a claim under this chapter.
(d)The civil action shall be directed to the covered entity, data processor, and the third-parties alleged to have committed the violation.
(e)In a civil action in which the plaintiff prevails, the court may award:—
(1)liquidated damages of not less than 0.15% of the annual global revenue of the covered entity or $15,000 per violation, whichever is greater;
(2)punitive damages; and
(3)any other relief, including but not limited to an injunction, that the court deems to be appropriate.
(f)In addition to any relief awarded pursuant to the previous paragraph, the court shall award reasonable attorney’s fees and costs to any prevailing plaintiff.
(g)The attorney general may bring an action pursuant to section 4 of chapter 93A against a covered entity, service provider, third party or data broker to remedy violations of this chapter and for other relief that may be appropriate.
(1)If the court finds that the defendant has employed any method, chapter, or practice which they knew or should have known to be in violation of this chapter, the court may require such person to pay to the commonwealth a civil penalty of:—
(i)not less than 0.15% of the annual global revenue or $15,000, whichever is greater, per violation; and
(ii)not more than 4% of the annual global revenue of the covered entity, data processor, or third-party or $20,000,000, whichever is greater, per action if such action includes multiple violations to multiple individuals;
(2)All money awards shall be paid to the commonwealth. The commonwealth shall identify the individuals affected by the violation and earmark such money awards, penalties, or assessments collected for purposes of paying for the damages they suffered as a consequence of the violation.
(h)When calculating awards and civil penalties in all the actions in this section, the court shall consider:—
(1)the number of affected individuals;
(2)the severity of the violation or noncompliance;
(3)the risks caused by the violation or noncompliance;
(4)whether the violation or noncompliance was part of a pattern of noncompliance and violations and not an isolated instance;
(5)whether the violation or noncompliance was willful and not the result of error;
(6)the precautions taken by the defendant to prevent a violation;
(7)the number of administrative actions, lawsuits, settlements, and consent-decrees under this chapter involving the defendant;
(8)the number of administrative actions, lawsuits, settlements, and consent-decrees involving the defendant in other states and at the federal level in issues involving information privacy; and
(9)the international record of the defendant when it comes to information privacy issues.
(i)It is a violation of this chapter for a covered entity or anyone else acting on behalf of a covered entity to retaliate against an individual who makes a good-faith complaint that there has been a failure to comply with any part of this chapter.
(1)An injured individual by a violation of the previous paragraph may bring a civil action for monetary damages and injunctive relief in any court of competent jurisdiction.
Section 15. Enforcement - Miscellaneous
(a)Any provision of a contract or agreement of any kind, including a covered entity’s terms of service or a privacy policy, including the short-form privacy notice required under section 3 that purports to waive or limit in any way an individual’s rights under this chapter, including but not limited to any right to a remedy or means of enforcement shall be deemed contrary to public policy and shall be void and unenforceable.
(b)No covered entity that is a provider of an interactive computer service, as defined in 47 U.S.C. section 230, shall be treated as the publisher or speaker of any personal information provided by another information content provider, as defined in 47 U.S.C. section 230 and allowing posting of information by a user without other action by the interactive computer service shall not be deemed processing of the personal information by the interactive computer service.
(c)No private or government action brought pursuant to this chapter shall preclude any other action under this chapter.
Section 16. Transparency
(a)Covered entities that receive any form of a legal request for disclosure of personal information pursuant to this chapter shall:—
(1)provide the Attorney General and the general public a bi-monthly report containing the following aggregate information related to legal requests received by the covered entity, their affiliated data processors, and any third parties they contracted with:—
(i)The total number of legal requests, disaggregated by type of requests such as warrants, court orders, and subpoenas;
(ii)The number of legal requests that resulted in the covered entity disclosing personal information;
(iii)The number of legal requests that did not result in the covered entity disclosing personal information, including the reasons why the information was not disclosed;
(iv)The type of personal information sought in the legal requests received by the covered entity;
(v)The total number of legal requests seeking the disclosure of location or biometric information;
(vi)The number of legal requests that resulted in the covered entity disclosing location or biometric information;
(vii)The number of legal requests that did not result in the covered entity disclosing location or biometric information, including the reasons for such no disclosure; and
(viii)The nature of the proceedings from which the requests were ordered and whether it was a government entity or a private person seeking the legal request;
(b)take all reasonable measures and engage in all legal actions available to ensure that the legal request is valid under applicable laws and statutes; and
(c)require their affiliate data processors and third parties they contracted with to have similar practices and standards.
Section 17. Non-applicability
(a)This chapter shall not apply to:—
(1)personal information captured from a patient by a health care provider or health care facility or biometric information collected, processed, used, or stored exclusively for medical education or research, public health or epidemiological purposes, health care treatment, insurance, payment, or operations under the federal Health Insurance Portability and Accountability chapter of 1996, or to X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used exclusively to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening;
(2)individuals sharing their personal contact information such as email addresses with other individuals in the workplace, or other social, political, or similar settings where the purpose of the information is to facilitate communication among such individuals, provided that this chapter shall cover any processing of such contact information beyond interpersonal communication; or
(3)covered entities’ publication of entity-based member or employee contact information where such publication is intended to allow members of the public to contact such member or employee in the ordinary course of the entity’s operations.
Section 18. Relationship with other laws
(a)Nothing in this chapter shall diminish any individual’s rights or obligations under the Massachusetts Fair Information Practices chapter and its regulations.
Section 19. Implementation
(a)The Attorney General shall:—
(1)adopt, amend, or repeal regulations for the implementation, administration, and enforcement of this chapter;
(2)gather facts and information applicable to the Attorney General’s obligation to enforce this chapter and ensure its compliance;
(3)conduct investigations for possible violations of this chapter;
(4)refer cases for criminal prosecution to the appropriate federal, state, or local authorities; and
(5)maintain an official internet website outlining the provisions of this Act.
Section 20. Severability
(a)Should any provision of this chapter or part hereof be held under any circumstances in any jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision of this or other parts of this chapter.
SECTION 2. Chapter 149 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 203 the following section:—
Section 204. Workplace Surveillance
(a)For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:—
(1)"Information” also referred to as “employee information,” or “employee data”, information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular employee, regardless of how the information is collected, inferred, or obtained.
(2)“Electronic monitoring”, the collection of information concerning employee activities, communications, actions, biometrics, or behaviors by electronic means.
(3)“Employment-related decision”, any decision made by the employer that affects wages, benefits, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job content, productivity requirements, workplace health and safety, or any other terms and conditions of employment.
(4)“Vendor”, a business engaged in a contract with an employer to provide services, software, or technology that collects, stores, analyzes, or interprets employee information.
(5)“Facial recognition technology” shall have the meaning established in section 220 of chapter 6 of the General Laws, as amended by Chapter 253 of the Acts of 2020.
(b)An employer, or vendor acting on behalf of an employer, shall not electronically monitor an employee unless:—
(1)the electronic monitoring only purpose is to:—
(i)enable tasks that are necessary to accomplish essential job functions;
(ii)monitor production processes or quality;
(iii)comply with employment, labor, or other relevant laws;
(iv)protect the safety and security of employees; or
(v)carry on other purposes as determined by the department of labor standards; and
(2)the specific form of electronic monitoring is:—
(i)necessary to accomplish the allowable purpose;
(ii)the least invasive means that could reasonably be used to accomplish the allowable purpose;
(iii)limited to the smallest number of employees; and
(iv)collecting the least amount of information necessary to accomplish the purpose mentioned in (1).
(c)Notwithstanding subsection (b), the following practices shall be prohibited:—
(1)use of electronic monitoring that either directly or indirectly harms an employee’s physical health, mental health, personal safety or wellbeing;
(2)monitoring of employees who are off-duty and not performing work-related tasks;
(3)audio-visual monitoring of bathrooms or other similarly private areas including locker rooms and changing areas;
(4)audio-visual monitoring of break rooms, lounges, and other social spaces, except to investigate specific illegal activity;
(5)use of facial recognition technology other than for the purpose of verifying the identity of an employee for security purposes; and
(6)any other forms of electronic monitoring such as may be prohibited by the department of labor standards.
(d)Employers shall not require employees to install applications on personal or mobile devices that collect employee information or require employees to wear data-collecting devices, including those that are incorporated into items of clothing or personal accessories, unless the electronic monitoring is necessary to accomplish essential job functions and is narrowly limited to only the activities and times necessary to accomplish essential job functions.
(e)Information resulting from electronic monitoring shall be accessed only by authorized agents and used only for the purpose and duration for which notice was given in accordance with subsection (f).
(f)Employers shall provide employees with notice that electronic monitoring will occur prior to conducting each specific form of electronic monitoring. The notice must, at a minimum, include:—
(1)a description of:—
(i)the purpose that the specific form of electronic monitoring is intended to accomplish, as specified in subsection (b);
(ii)the specific activities, locations, communications, and job roles that will be electronically monitored;
(iii)the technologies used to conduct the specific form of electronic monitoring;
(iv)the vendors or other third parties that information collected through electronic monitoring will be disclosed or transferred to, including the name of the vendor and the purpose for the data transfer;
(v)the organizational positions that are authorized to access the information collected through the specific form of electronic monitoring, and under what conditions; and
(vi)the dates, times, and frequency that electronic monitoring will occur;
(2)the names of any vendors conducting electronic monitoring on the employer’s behalf; and
(3)an explanation of:—
(i)the reasons why the specific form of electronic monitoring is necessary to accomplish the purpose; and
(ii)how the specific monitoring practice is the least invasive means available to accomplish the allowable monitoring purpose.
(g)The notice mentioned in (f) shall be clear and conspicuous and provide the employee with actual notice of electronic monitoring activities.
(1)A notice that provides electronic monitoring "may" take place or that the employer "reserves the right" to monitor shall not suffice.
(h)An employer who engages in random or periodic electronic monitoring of employees will inform the affected employees of the specific events which are being monitored at the time the monitoring takes place with a notice that shall be clear and conspicuous.
(1)Notwithstanding the previous paragraph, notice of random or periodic electronic monitoring may be given after electronic monitoring has occurred only if necessary to preserve the integrity of an investigation of wrongdoing or protect the immediate safety of employees, customers, or the public.
(i)Employers shall provide a copy of the above notice disclosure to the department of labor standards.
(j)An employer shall only use employee information collected through electronic monitoring to accomplish its purpose, unless the information documents illegal activity.
(k)When making a hiring or employment-related decision using information collected through electronic monitoring, an employer shall:—
(1)not make the decision based solely on such information;
(2)give the affected employee access to the data and provide an opportunity to correct or explain it;
(3)corroborate such information by other means, such as independent documentation by supervisors or managers, or by consultation with other employees; and
(4)document and communicate to affected employees the basis for the corroboration prior to the decision going into effect.
(l)Subsection (k) shall not apply to those cases when electronic monitoring data provides evidence of illegal activity.
SECTION 3. Effective date.
(a)The provisions of this Act shall take effect 12 months after this Act is enacted.
(b)The enforcement of chapter 93L shall be delayed until 6 months after the effective date.
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An Act to establish food allergy plans
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S250
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SD899
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T16:11:18.817'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T16:11:18.8166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T18:57:08.46'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S250/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 250) of Cynthia Stone Creem and Vanna Howard for legislation to establish food allergy plans. Education.
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SECTION 1: Chapter 71 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting the following new section:-
Section 37S.
(a) For the purposes of this section the following terms shall, unless the context clearly requires otherwise, have the following meaning:-
''Approved private day or residential school'', a school that accepts, through agreement with a school committee, a child requiring special education pursuant to section 10 of chapter 71B.
''Department'', the department of elementary and secondary education.
“Food Allergy”, adverse health effect arising from a specific immune response that occurs reproducibly on exposure to a given food
''Food Allergy Management and Prevention Plan'', a comprehensive plan to manage and prevent food allergies in schools
“Individualized Health Care Plan”, a plan based on information provided by the primary care provider or allergist, including, but not limited to, the following: the student’s name, methods of identifying the student, specific offending allergens, warning signs of reactions and emergency treatment.
(b) (i) Every school district, approved private day or residential school and education collaborative in which a student with life-threatening food allergies is enrolled shall maintain a Food Allergy Management and Prevention Plan (“Plan”) to address food allergy safety and training. Districts included in this requirement shall draft the Plan and share with the guardian of a student with life-threatening food allergies within 30 days of notice of enrollment or the first day of said student’s attendance, whichever is sooner. The plan shall apply to members of school staff, including, but not limited to, educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to an extracurricular activity, paraprofessionals, and substitute personnel. The plan shall be updated at least biennially, as long as at least one student with severe food allergies is enrolled.
(ii) Each plan shall include, but not be limited to: (i) protocols for identification of students with known food allergies, including medical documentation; (ii) policies for the daily management of food allergies for individual students; (iii) strategies and policies to reduce exposure to allergens for students with food allergies; (iv) clear procedures for treating allergic reactions for students with both known and unknown allergies; (v) policies for treating allergic reactions when a school nurse is available onsite and when no school nurse is available; (vi) strategies for treating allergic reactions during extracurricular activities or non-school hour events (vii) policies for school nurses to develop Individualized Health Care Plans (IHCP) for students with food allergies; (viii) professional development for school personnel and staff members on food allergies; and (ix) notification to parents and students of food allergy policies and practices.
(iii) The plan shall include a provision for professional development to build the skills of all staff members, including, but not limited to, educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to extracurricular activities and paraprofessionals. The content of such professional development shall include but not be limited to: (i) training on reducing exposure to food allergens for students with allergies; (ii) techniques for food allergy management of students with food allergies; (iii) recognizing the symptoms of a severe allergic reaction; and, (iv) for appropriate staff, training and testing for competency in epinephrine administration. The department shall identify and offer information on alternative methods for fulfilling the professional development requirements of this section, at least 1 of these alternative methods shall be available at no cost. (iv) The plan shall be posted on the website of the school district, charter school, non-public school, approved private day or residential school and education collaborative.
(v) Each school principal, or the person who holds a comparable position, in consultation with the school nurse, shall be responsible for the implementation and oversight of the plan.
(c) The department, in consultation with the department of public health and experts in the field of food allergies shall: (i) periodically update and share with school districts the Managing Life-Threatening Allergies in Schools guidelines on food allergies or successor document; (ii) publish model plans for school districts to consider when creating their plans pursuant to paragraphs (ii) through (iii) of subsection (b); and (iii) compile a list of food allergy resources, best practices and research that shall be made available to schools. The department shall biennially update the model plan and the list of the resources, curricula, best practices and research and shall post them on its website; provided however, that the department shall solicit public comment prior to establishing the guidelines.
SECTION 2. Chapter 111 of the General Laws, as appearing in the 2018 official Edition, is hereby amended by inserting the following new section:-
Section 236. The department of public health is hereby authorized to establish a program to combat food allergies and raise awareness of the prevalence and danger of food allergies. Said program may be conducted in conjunction with any foundation or scientific organization, hospital or medical school, with an agency of the federal government, or nationally recognized nonprofit or educational organization or entity recognized for research or education in the field of food allergies.
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An Act modernizing school construction
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S251
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SD453
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T13:01:26.9'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T13:01:26.93'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-27T16:28:16.9933333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-02-14T11:54:29.8233333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-05-10T12:37:33.4066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-10T12:37:33.4066667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-05-30T10:03:47.52'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S251/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 251) of Brendan P. Crighton, Michael J. Barrett and Peter Capano for legislation to modernize school construction. Education.
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SECTION 1. Section 35BB of chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 7 and 8, the figure “1” and inserting in place thereof, in each instance, the following figure:- 2.
SECTION 2. Chapter 70 of the General Laws is hereby amended by adding the following section:-
Section 18. A school district with a disproportionate share of school buildings: (i) in need of major renovation or potential replacement; (ii) with environments that are not conducive to teaching and learning; (iii) in need of major repairs; or (iv) in need of replacement, as determined by the Massachusetts School Building Authority, may, for a period of time until the debt service obligations for school construction projects in said schools are paid, use not more than 1 per cent of the total amount of state school aid allocated to said school district under this chapter for costs associated with the renovation or replacement of said school buildings.
SECTION 3. Section 2 of chapter 70B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 29 and 30, the figure “1” and inserting in place thereof, in each instance, the following figure:- 2.
SECTION 4. Subsection (b) of section 9 of said chapter 70B, as so appearing, is hereby amended by striking out the words “may also take into account” and inserting in place thereof the following words:- shall provide flexibility for.
SECTION 5. Said section 9 of said chapter 70B, as so appearing, is hereby amended by inserting after the word “section”, in line 49, the following words:-; provided, however, that the reimbursement dollar amount per square foot shall be not less than the average of the actual construction cost per square foot of all approved school projects from the previous 3 fiscal years.
SECTION 6. Section 10 of said chapter 70B, as so appearing, is hereby amended by striking out, in line 3, the figure “80” and inserting in place thereof the following figure:- 100.
SECTION 7. Said section 10 of said chapter 70B, as so appearing, is hereby further amended by striking out, in line 8, the words “Incentive Percentage (C)” and inserting in place thereof the following words:- Incentive Percentage (C) + School Integration Percentage (D).
SECTION 8. Clause (3) of paragraph (B) of subsection (a) of said section 10 of said chapter 70B, as so appearing, is hereby amended by striking out the figures in the chart titled “Poverty” and inserting in place thereof the following figures:-
0-99% 0.00
100-102% 1.42
103-105% 2.83
106-108% 4.25
109-111% 5.67
112-114% 7.08
115-117% 8.50
118-120% 9.92
121-123% 11.33
124-126% 12.75
127-129% 14.17
130-132% 15.58
133-135% 17.00
136-138% 18.42
139-141% 19.83
142-144% 21.25
145-147% 22.67
148-150% 24.08
151-153% 25.50
154-156% 26.92
157-159% 28.33
160-162% 29.75
163-165% 31.17
166-168% 32.58
169-171% 34.00
172-174% 35.42
175-177% 36.83
178-180% 38.25
181-183% 39.67
184-186% 41.08
187-189% 42.50
190-192% 43.92
193-195% 45.33
196-198% 46.75
199%+ 48.17
SECTION 9. Said subsection (a) of said section 10 of said chapter 70B, as so appearing, is hereby further amended by adding the following paragraph:-
(D) School integration percentage points shall be awarded by the authority. New project applications that present clear and convincing evidence, as determined by the authority, that the proposed school building project is likely to significantly improve inter-district or intra-district racial integration of students shall receive 10 percentage points.
SECTION 10. For the purposes of developing program and cost standards pursuant to subsection (b) of section 9 of chapter 70B of the General Laws, the Massachusetts School Building Authority shall not find a proposed project for the Accelerated Repair Program to be ineligible on the basis of estimated total budget unless the estimated total budget is less than $100,000.
SECTION 11. For the purposes of promulgating net school spending regulations pursuant to section (2) of chapter 70 of the General Laws, the department of elementary and secondary education shall allow extraordinary maintenance projects to qualify as net school spending up to a total cost per project per school of $500,000.
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An Act promoting racially integrated schools
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S252
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SD455
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T13:31:50.557'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T13:31:50.5566667'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 252) of Brendan P. Crighton for legislation to promote racially integrated schools. Education.
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Chapter 69 of the General Laws is hereby amended by inserting after section 36 the following sections:-
SECTION 37.
SCHOOL SEGREGATION DATA COLLECTION
(a) As used in this section, the following words shall have the following meanings:-
“Diverse school”, a school in which no single racial subgroup of students accounts for more than 70 per cent of the total student population and at least 25 per cent of the student population is White.
“Diverse district”, a school district in which no single racial subgroup of students accounts for more than 70 per cent of the total student population and at least 25 per cent of the student population is White.
“Intensely segregated district”, a school district in which (i) a single racial subgroup accounts for 90 per cent or more of the student population; or (ii) 10 per cent or less of the student population is White.
“Intensely segregated school”, a school in which (i) a single racial subgroup accounts for 90 per cent or more of the student population; or (ii) 10 per cent or less of the student population is White.
“Racially disproportionate school”, a school in which (i) the White student population differs by at least 15 percentage points as compared to the percentage of White students in the district which the school is a part of; or (ii) a school in which less than 25 per cent of the school population is White and the student population of a racial subgroup differs by at least 15 percentage points as compared to the percentage of said racial subgroup in the district of which the school is a part.
“Segregated district”, a school district that does not meet the criteria of either a diverse district or an intensely segregated district.
“Segregated school”, a school that does not meet the criteria of either a diverse school or intensely segregated school.
(b) Annually, the department of elementary and secondary education shall publicly report and place on its website the following information for all public schools and districts within the commonwealth:
(1) An identification of a public school as a: (i) diverse school; (ii) segregated school; or (iii) intensely segregated school.
(2) A quantifiable, comparable measure of school-level segregation used to determine the category of each school as specified in paragraph (1) of this subsection.
(3) An identification of a public school districts as a: (i) diverse district; (ii) segregated district; or (iii) intensely segregated district.
(4) A quantifiable, comparable measure of district-level segregation used to determine the category of each school as specified in paragraph (3) of this subsection.
(5) An identification of whether a school is a racially disproportionate school.
(6) A quantifiable, comparable measure of intradistrict segregation used to determine whether a school is a racially disproportionate school as specified in paragraph (5) of this subsection.
(7) A quantifiable, comparable measure to compare the proportionality of the racial composition of the total student population of a school or district as compared to the racial composition of students in said school or district that completed the SAT or ACT.
(8) A quantifiable, comparable measure to compare the proportionality of the racial composition of the total population of a school or district as compared to the racial composition of students enrolled in: (i) not less than 1 advanced placement course; (ii) a chemistry course; (iii) a biology course; (iv) a geometry course; (v) a calculus course; (vi) an eighth grade algebra course; (vii) an advanced math course; (viii) a gifted and talented program; and (ix) if applicable, a designated early college pathway.
(c) The department of elementary and secondary education may establish reasonable limits on public reporting of data for the sole purposes of (i) protecting the identities of individual students or (ii) to maintain the statistical integrity of data, provided that such limits are consistent with the existing policies and procedures of the department.
SECTION 38.
SCHOOL INTEGRATION GRANT PROGRAM
The department of elementary and secondary education shall establish a grant program, subject to appropriation, to be known as the school diversity and integration grant program for the development, implementation, and evaluation of comprehensive strategies in school districts to combat the effects of racial segregation by increasing racial diversity of the student population.
(a) As used in this section, the following words shall have the following meanings:-
“Eligible entity”, a public school district or consortium of public school districts in a region that at the time of the application has significant achievement gaps or racial segregation within or between the school districts served by such entity.
(b) The department of elementary and secondary education may reserve up to 10 per cent of appropriated funds for (i) research, development, data collection, monitoring, technical assistance, evaluation, or dissemination activities; (ii) the development and dissemination of best practices to increase racial diversity in schools; and (iii) in the case in which a grantee uses race as a factor in developing a process for achieving racially integrated schools, technical assistance to grantees to develop narrowly tailored plans to achieve the benefits of racial diversity.
(c) The department shall award grants on a competitive basis to eligible entities to develop or implement plans to improve student diversity and reduce or eliminate racial segregation. The department may, in any fiscal year, award: (i) planning grants; (ii) implementation grants; or (iii) both planning and implementation grants.
(1) A planning grant awarded under this section shall be for a period of not more than 1 year.
(2) Each eligible entity that receives a planning grant shall use the grant to support students in schools through the following activities: (i) completing a comprehensive assessment of, with respect to the geographic area served, (A) the educational outcomes and racial segregation of children attending schools; (B) an analysis of the location and capacity of program and school facilities and the adequacy of local or regional transportation infrastructure; and (C) an analysis of whether the local housing stock is adequately diverse and whether local land-use and zoning practices allow for racial diversity; (ii) developing and implementing a robust family, student, and community engagement plan, including public hearings or other open forums that would precede and inform the development of a formal strategy to improve diversity in schools; provided, however, that such engagement shall include meaningful engagement of students and families of color; (iii) developing options, including timelines and cost estimates, for improving diversity in schools, such as weighted lotteries, revised feeder patterns, school boundary redesign, or regional coordination; (iv) developing an implementation plan based on community preferences among the options developed; (v) building the capacity to collect and analyze data that provide information for transparency, continuous improvement, and evaluation; (vi) developing plans for creating a racially inclusive school climate with respect to racially and culturally curriculum, school discipline policies and practices, and teacher and school leader diversity; (vii) if applicable, developing an implementation plan to comply with a court-ordered school desegregation plan; and (viii) if applicable, developing an implementation plan to replace entrance exams or other competitive application procedures with alternate methods of student assignment to promote racial diversity.
(3) An implementation grant awarded under this section shall be for a period of not more than 3 years, except that the department may extend an implementation grant for an additional 2-year period if the eligible entity receiving the grant demonstrates to the department that the eligible entity is making significant progress, as determined by the department, on the program performance measures described in subsection (g).
(4) Each eligible entity that receives an implementation grant shall implement a high-quality plan to support students in schools that includes: (i) a comprehensive set of strategies designed to improve academic outcomes for all students, particularly students of color, by increasing student diversity; (ii) evidence of strong family and community support for such strategies, including evidence that the eligible entity has engaged in meaningful family and community outreach activities with students and families of color; (iii) goals to increase student diversity; (iv) collection and analysis of data to provide transparency and support continuous improvement; and (v) a rigorous method of evaluation of the effectiveness of the program.
(5) Each eligible entity that receives an implementation grant may use the grant to carry out one or more of the following activities: (i) recruiting, hiring, or training additional teachers, administrators, school counselors, and other instructional and support staff in new, expanded, or restructured schools, or other professional development activities for staff and administrators; provided, however, that the hiring of such individuals directly relate to the implementation of a school integration program under this section; (ii) investing in specialized academic programs or facilities designed to encourage inter-district school attendance patterns; (iii) developing or initiating a transportation plan for bringing students to and from schools; (iv) developing innovative and equitable school assignment plans; (v) carrying out innovative activities designed to increase racial diversity and engagement between children from different racial backgrounds; (vi) creating or improving systems and partnerships to create an enrollment process for students with multiple public school options, including making school information and data more accessible and easy to understand, in order to ensure access to high-quality schools for students of color and to promote racial diversity; or (vii) carrying out plans to improve access to a rigorous curriculum for all students through the elimination of tracking or ability grouping students in class assignment.
(d) The department shall award grants based on: (i) the quality of the application submitted by an eligible entity; (ii) the likelihood, as determined by the department, that the eligible entity will use the grant to improving academic and other developmental or noncognitive outcomes for students; and (iii) the likelihood that the grant will lead to a meaningful reduction in racial segregation for students.
(e) In awarding grants under this section, the department shall give priority to the following eligible entities: (i) first, to an eligible entity that proposes to use the grant to support a program that extends beyond one school district, such as an inter-district or regional program; and (ii) second, to an eligible entity that demonstrates meaningful coordination with local or regional housing or transportation agencies.
(f) In order to receive a grant, an eligible entity shall submit an application to the department at such time and in such manner as the department may require. Such application shall include: (i) a description of the program for which the eligible entity is seeking a grant, including: (A) how the eligible entity proposes to use the grant to improve the academic and life outcomes of students in racially segregated schools by supporting interventions that increase diversity for students in such schools; (B) in the case of an implementation grant, the implementation grant plan described in paragraph (4) of subsection (c); and (C) evidence, or if such evidence is not available, a rationale based on current research, regarding how the program will increase diversity; (ii) how the eligible entity will identify and define racial segregation and racial diversity; (iii) a description of the plan of the eligible entity for continuing the program after the grant period ends; (iv) a description of how the eligible entity will assess, monitor, and evaluate the impact of the activities funded under the grant on student achievement and student enrollment diversity; (v) an assurance that the eligible entity has conducted, or will conduct, robust family and community engagement, provided that engagement: (A) shall be in a language that families and students can understand; (B) shall include engagement with students and families of color in the targeted district or region; and (C); shall be designed to remove barriers to ensure participation of students and families in the planning and development of any formal strategy to increase diversity; (vi) an estimate of the number of students that the eligible entity plans to serve under the program and the number of students to be served through additional expansion of the program after the grant period ends; (vii) an assurance that the eligible entity will: (A) cooperate with the department in evaluating the program; and (B) engage in a community of practice as described in subsection (i); (ix) in the case of an eligible entity applying for an implementation grant, a description of how the eligible entity will implement, replicate, or expand a strategy based on an appropriate level of evidence, as determined by the department, or test a promising strategy to increase diversity in schools; (x) in the case of an application by a consortium of local educational agencies, how the grant funds will be divided among the school districts served by such consortium.
(g) The department shall establish performance measures for the programs and activities carried out through grants. These measures shall track the progress of each eligible entity in (i) increasing diversity and decreasing racial segregation in schools; and (ii) improving academic and other developmental or noncognitive outcomes for each racial subgroup of students that the department or eligible entity may identify.
(h) The department may establish annual reporting requirements of grantees as it deems appropriate for the implementation of this section.
(i) The department shall establish a professional learning community, which shall consist of grantees and staff that the department may reasonably furnish for technical assistance in developing strategies related to the purposes of this grant program.
(1) The professional learning community shall meet regularly to promote the development of shared best practices for the planning and implementation of grants under this section.
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An Act relative to the training, assessment, and assignment of qualified school interpreters in educational settings
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S253
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SD461
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T14:48:01.837'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T14:48:01.8366667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-08T15:22:20.0666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T15:22:20.0666667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-08T15:22:20.0666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-24T12:58:48.2733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-24T12:58:48.2733333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-24T12:58:48.2733333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-06-29T14:06:28.7366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S253/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 253) of Brendan P. Crighton, Angelo J. Puppolo, Jr., Vanna Howard, Jason M. Lewis and other members of the General Court for legislation relative to the training, assessment, and assignment of qualified school interpreters in educational settings. Education.
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SECTION 1. Chapter 69 of the General Laws is hereby amended by inserting the following new section:-
Section 37. Training, assessment, and assignment of qualified school interpreters in educational settings
(a) The following words, unless the context clearly indicates otherwise, shall have the following meanings:
“Department”, the department of elementary and secondary education;
“Limited English proficient (LEP) person”, an individual who has a limited ability to read, write, speak or understand English because the person uses primarily a language other than English. This includes LEP parents or guardians of minor children, regardless of the children’s LEP status;
“Interpretation”, the immediate oral rendering of an utterance from a source language into a target language;
“Interpreter”, a person who has demonstrated language proficiency in English and at least one other language and is readily able to interpret spoken language from English to the target language and from the target language to English, and who also has knowledge and understanding of the pertinent subject matter to be translated, the role of the interpreter in school settings, and ethics and confidentiality with respect to interpretation;
“Parent”, a natural, adoptive, or foster parent of a child, a guardian, or an individual acting in the place of a natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare;
“Specialized meeting”, a meeting requiring a high level of interpretation skills including but not limited to discussion regarding: an Individualized Education Program (IEP); a safety plan or behavioral intervention plan (BIP); matters regarding school discipline; matters regarding special education due process; placement in an English Learner Education (ELE) program; development of or changes to an Individual 504 plan; addressing bullying complaints; or the use of physical restraint or seclusion of students;
“Standard meeting”, a parent conference, community meeting, or other school gathering that does not have legal context.
“Tier 1 interpreter”, an interpreter whose language proficiency need not be formally assessed;
“Tier 2 interpreter”, an interpreter who, after a formal assessment process to be determined by the department, demonstrates an understanding of basic educational terminology used in school settings, participates in ongoing professional development in interpreting, and exhibits tier-2 competency pursuant to subsection 2 of this section and department regulations;
“Tier 3 interpreter”, an interpreter who, after a formal assessment process to be determined by the department, understands specialized educational terminology used in school settings, participates in ongoing professional development in interpreting, and exhibits tier-3 competency pursuant to subsection 2 of this section and department regulations.
(b) Consistent with the recommendations of the School Interpreters Task Force, as authorized by section 81 of chapter 154 of the acts of 2018, the department shall: (1) develop and administer a system for training, assessing, and determining qualifications of interpreters in educational settings with assurance that tier 3 interpreters shall be used for all specialized meetings, tier 2 or 3 interpreters may be used for all standard meetings and tier 1 interpreters may be used during spontaneous, unannounced meetings or communication scenarios that occur in schools when a tier 3 or 2 interpreter is not available; (2) develop and make available an educational course of sufficient duration that includes coursework and field experience to support development of the key competencies and knowledge required of interpreters in schools; and (3) create a publicly accessible mechanism to identify tier-3 interpreters for scheduled specialized meetings.
(c) The department shall adopt regulations necessary to administer a system for training, assessing, and determining qualifications of interpreters in school settings to improve access for LEP parents. Said regulations shall be consistent with the recommendations of the School Interpreters Task Force, as authorized by section 81 of chapter 154 of the acts of 2018, and shall include, but not be limited to:
(1) a process for assessing the language proficiency of interpreters seeking to interpret in school settings, including required levels of competency necessary to obtain tier-2 and tier-3 interpreting status, with grandfathering allowed for school employees whose primary job responsibility has been to serve as an interpreter for one or more years;
(2) required hours of supervised field experience for tier-3 interpreters; and
(3) procedures for implementation of the publicly accessible mechanism created pursuant to subsection 1 of this section to identify and secure tier-3 interpreters for scheduled specialized meetings.
SECTION 2. This act shall take effect upon its passage; provided, however, that the department may administer a phased implementation of the provisions of subsection (b) of this act to a diverse number of school districts, subject to appropriation, and provided further that final implementation of all sections of this act shall take effect statewide when certified as appropriate by the commissioner of elementary and secondary education in a report to the general court.
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An Act promoting racially and culturally inclusive K-12 curriculum
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S254
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SD465
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T16:49:00.007'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T16:49:00.0066667'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 254) of Brendan P. Crighton for legislation to promote racially and culturally inclusive K-12 curriculum. Education.
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Section 1E of chapter 69 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in line 1 by inserting after “Section 1E.” the following:-
(a) Said section is further amended in lines 30-36, inclusive, by striking out the paragraph contained in those lines and inserting in place thereof the following subsections:
(b) Frameworks shall be designed to avoid perpetuating gender, cultural, ethnic, or racial stereotypes. Frameworks for all academic subjects shall be designed to build racially and culturally responsive knowledge and to combat racial and cultural bias. Frameworks shall elevate the history, achievements, and key writings of members of communities of color and other marginalized communities. The frameworks shall reflect sensitivity to different learning styles and impediments to learning. The board shall develop procedures for updating, improving, or refining said curriculum frameworks; and shall have a meaningful process for soliciting and incorporating input from stakeholders, including but not limited to educators, students, and members of communities of color and other marginalized communities, in the development of frameworks. A copy of said frameworks shall be submitted to the joint committee on education at least sixty days prior to taking effect.
(c) The department shall promulgate regulations setting forth a complaint procedure to enforce subsection (b). A final determination of a complaint by the department shall be appealable to the Massachusetts Superior Court.
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An Act relative to access for after school and out-of-school time programs
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S255
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SD2282
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-20T15:06:39.453'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-20T15:06:39.4533333'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 255) of Brendan P. Crighton for legislation to access after school and out-of-school time programs. Education.
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SECTION 1. Chapter 7 of the General Laws is hereby amended by adding the following section:-
Section 63. (a) There shall be established an After School and Out-of-School Time Opportunity Fund. The program shall be administered by the Department of Elementary and Secondary Education. A qualified program eligible for funding is any out-of-school time program that serves school age children and youth and is licensed by the Department of Early Education and Care, or is license-exempt.
(b) The purpose of the fund shall be to support the establishment of and increase access to and the quality of afterschool and out of school time programs. The fund shall consist of all moneys received by the commonwealth equal to 3 percent of the receipts of the sales price of purchases received by all marijuana retailers as provided for in chapter 64N as excises paid to the commissioner of revenue. Such amounts in the fund shall be administered by the Department of Elementary and Secondary Education.
(c) The Department shall promulgate rules and regulations necessary to implement the provisions of this section.
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An Act to create and expand student pathways to success
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S256
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SD2172
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T08:39:21.27'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T08:39:21.27'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-23T15:26:29.94'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-07T16:18:29.96'}]
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 256) of John J. Cronin, Manny Cruz and John Barrett, III for legislation to create and expand student pathways to success. Education.
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SECTION 1. Chapter 6 of the General laws, as appearing in the 2018 official edition, is hereby amended by inserting, after Section 17A, the following section:-
“Section 17B. (a) There is hereby established within the office of the governor a workforce skills cabinet, hereinafter referred to as the “cabinet,” to serve as a cross-agency governance structure for the purpose of advising the governor and relevant executive branch agencies as well as the general court, and aligning the programs and policies of the executive offices of labor and workforce development, education and housing and economic development to improve and expand workforce skills and college and career readiness to meet the varying current and future needs of the Commonwealth and its regions.
(b) The cabinet shall consist of:
1. the secretary of the executive office of education;
2. the secretary of the executive office of labor and workforce development;
3. the secretary of the executive office of housing and economic development;
4. the commissioner of the department of elementary and secondary education;
5. the commissioner of the department of higher education;
6. the chairperson of the workforce development board established by section 7 of chapter 23H of the MGL;
7. the executive director of the Massachusetts workforce association;
8. three members appointed by the governor representing business and industry who-
(i) are owners of businesses, chief executive or operating officers of businesses, or other executives or employees with optimum policymaking or hiring authority; or,
(ii) represent organizations that represent businesses or industries;
9. two members appointed by the governor who represent the perspectives and interests of current or future workforce participants, including the parents of school age students; and,
10. three members appointed by the governor from amongst other college and career readiness and workforce development stakeholder groups.
(c) The appointed members shall each serve three year terms at the pleasure of the governor and serve without compensation.
(d) The governor shall select an individual from amongst its membership to chair the cabinet. The chair shall serve at the pleasure of the governor.
(e) The cabinet shall meet monthly and their meetings shall be public.
(f) In addition to, and within, the general mission of the cabinet as stated in subparagraph (a), the cabinet shall:
(i) facilitate alignment, collaboration, strategic planning, and joint execution among participating state agencies, offices, and other stakeholders around the development of workforce development strategies for the Commonwealth and the expansion of college and career readiness pathways for all, with an emphasis on high school programs;
(ii) conduct a biennial study of all college and career pathway programs that focuses on equity of access to said programs as well as the alignment of said programs with current and future workforce needs, including recommendations on creating a process to phase out programs that are not aligned;
(iii) develop and release an annual report on the state’s top current and future labor market needs;
(iv) oversee the improvement of data collection and reporting on pathways programs by facilitating data linkages between agencies, creating mechanisms to analyze meaningful growth data by specific pathways programs, and building new public-facing data tools;
(v) advise the departments of elementary and secondary education and higher education with regard to student acquisition of the employability skills that should be achieved in their preparation for career success; and,
(vi) submit an annual report to the chairs of the house and senate committees on ways and means, the chairs of the joint education committee, and the chairs of the joint committee on higher education detailing the Cabinet’s work over the past year.
(g) The cabinet shall be staffed by a full time Executive Director who shall be an employee of the office of the governor, selected in consultation with the cabinet.
(h) The cabinet shall have the ability to receive funding to hire additional technical and administrative staff, to award contracts and grants, and to take actions necessary to fulfilling its responsibilities stated herein or as otherwise assigned by the governor.
SECTION 2. Chapter 69 of the General Laws, as appearing in the 2018 official edition, are hereby amended by adding the following three new sections:-
Section 37. (a) Subject to appropriation, the Department of Elementary and Secondary Education shall pay each school district a certification award calculated as follows:
(i) $1,000 for each student in the district who earns an industry-recognized certification for an occupation that has high employment value, as determined by the executive office of labor and workforce development through the publication of the annual list required of it pursuant to Chapter 23, section 26 of the General Laws as amended by Chapter 179 of the Acts of 2022, or an industry recognized certification that is recognized by any public institution of higher learning in the Commonwealth as a basis for academic credit in such institution.
(ii) $800 for each student in the district who earns an industry-recognized certification that does not meet the criteria of the previous paragraph but addresses regional demands identified by the local MassHire workforce board.
The school district receiving a certification award must allocate at least 80% of any certification award to the school whose students obtained the qualifying certification. The allocation may not be used to supplant funds otherwise provided for the basic operation of the school. The school receiving a certification award must use the award to support or maintain the program, including the payment of stipends for instructors and the subsidization of fees for low income students to obtain the certification.
(b) Subject to appropriation, the department may pay a certification development award to a school district to support the development of programs to assist students in obtaining industry-recognized certifications described in subsection (a)(i). School districts may use a certification development award to develop instructors able to prepare students to obtain certification, to obtain equipment and other instructional materials to be used for such preparation, or any other purpose directly related to developing programs to assist students in obtaining a qualifying certification.
(c) The department shall each year prepare an annual report on the progress made under this section including:
(i) The number of public school students who are seeking certifications for high demand occupations, identifying the number of such students who are low-income, ELL and/or SPED.
(ii) The certifications earned by such students, including the number of each such certifications earned.
(iii) An analysis of the extent, if any, to which the funding provided for the program during the year was insufficient to make the awards under this section.
Section 38. The department of elementary and secondary education shall promote and support with available resources innovative and collaborative career technical education demonstration programs in which students split their time between their comprehensive high school and a school offering programs under chapter 74; provided, that under such programs, participating students’ daily schedule shall include required academic classes and vocational courses when the equipment is available.
Section 39. The department shall develop, in consultation with the workforce skills cabinet established in section 1 of this act, credentials for students graduating from the state’s high schools in applied knowledge, effective relationships and workplace skills as described in the federal employability skills framework. The department shall develop and disseminate guidance to districts for their consideration in establishing said employability credentials as graduation or completion requirements.
SECTION 3. (a) Section 2 of chapter 70 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 70, the words “or (vii)” and inserting in the place thereof the following words:- (vii) early college / innovation pathways / STEM tech career academies; or (viii).
(b) Table 1 of paragraph (a) of section 3 of said chapter 70, as so appearing, is hereby amended by inserting after row “high school”, the following row:
(PLACEHOLDER FOR TABLE)
SECTION 4. Subsection (c) of section 14B of chapter 71 of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following 2 sentences:-
“Notwithstanding any general or special law to the contrary, a city or town may simultaneously be a member of a vocational regional school district and any other type of regional school district. A city or town that belongs to a regional vocational school district may offer a vocational technical education program in its municipal high school; provided, however, that the program is approved under section 2 of chapter 74 of the General Laws; provided, further, that a vocational regional school district and any other type of regional school district serving the same town shall collaborate through the office of career technical education in offering reciprocal non-competitive programs under chapter 74 of the General Laws; provided, further, that said programs meet the labor market needs in a community’s region as determined by Regional Workforce Boards.”
SECTION 5. Chapter 71 of the General Laws is amended by adding the following two new sections:-
Section 100. (a) For the purposes of this section, the following terms shall have the following meanings:
“college and career pathway program”, a high school based program, designated by the department of elementary and secondary education, which offers a sequenced and/or career-themed set of academic and/or work-based learning experiences, including designated early college programs, vocational-technical education programs, innovation pathways programs, and STEM tech career academies which can lead to, in the department’s opinion, improved college and career readiness outcomes.
“individual learning plan”, a plan devised by individual students with assistance from a designated educator that provides a clear and detailed student academic pathway from secondary to post- secondary education or career with regard to coursework, sequencing and experiences beyond the classroom, beginning in the ninth grade or earlier.
“MyCAP”, an acronym for My Career and Academic Plan, a process for creating a student’s individual learning plan as defined in this subsection, and supported by utilization of an online platform,
(b) All public school districts shall ensure that all high school students, beginning in the ninth grade, have developed, with the support of a designated educator and an online platform approved by the department of elementary and secondary education, an individual learning plan as defined in subsection a of this section. Said plans shall allow students to continue to adapt said plans and to make reasonable and relevant changes to their plans through the course of their secondary education that allow for a continuing process of alignment with the student’s needs and planning goals. Districts will provide support to students to participate in the development and refinement of their plans. Districts will also make every reasonable effort to offer students the experiences identified in their plans to ensure alignment with, and accomplishment of, the student’s goals for post-graduate success.
(c) Nothing contained herein will prevent districts from beginning the process of having students develop individual learning plans prior to beginning high school, for students within their jurisdictions.
(d) Districts shall report annually to the department of elementary and secondary education on their progress in meeting the requirements contained in this section.
(e) The department of elementary and secondary education shall develop guidance for districts to oversee and ensure their compliance with the provisions of this section, aligned with their current guidance to districts utilizing the structure of the MyCAP system and its component parts.
Section 101. All public high schools in Massachusetts shall offer at least one foundational computer science course that includes rigorous mathematical or scientific concepts and aligns with standards established by the department of elementary and secondary education. In doing so, each high school will ensure that each student has the capacity to access said course within a four year course of study.
SECTION 6. (a) The workforce skills cabinet, created in SECTION 1, shall be charged with developing a set of strategic goals for the Commonwealth, its agencies and education and training institutions, in coordination with the governor’s office and in consultation with the departments of elementary and secondary education and higher education, regarding the expansion of college and career pathway programs for students that enhance and improve the likelihood of successful outcomes for high school graduates in college and career endeavors. The goals shall include the achievement of universal access for all of the state’s high school students to said pathway programs, which shall include, but not be limited to, early college programs, vocational/technical education programs, innovation pathway programs, STEM tech career academies, and other similar programs and courses of study. The cabinet will include, in its consideration of the establishment of said goals, that each pathway program should contain at least one, or more, of the following elements:
(i) the ability of students to earn college credit while in high school;
(ii) the ability of students to earn industry-recognized credentials in high school;
(iii) the ability of students to participate in a meaningful and relevant work-based learning experience while in high school; and,
(iv) the ability of students to receive dedicated career counseling while in high school.
(b) The cabinet will develop, in consultation with the governor’s office and the departments of elementary and secondary education and higher education, a plan for the achievement of the goals established in accord with subsection (a) that includes strategies to be implemented, timelines for meeting interim outcomes and final outcome, resources to be allocated, and any other consideration, including an accounting of the persistent inequities inherent in not achieving said goals. The cabinet will report annually on its progress and that of the Commonwealth and its agencies in achieving universal student access to student learning pathways and establish milestone outcomes toward that achievement whose progress will be reported on as part of its annual reporting.
SECTION 7. The department of elementary and secondary education shall conduct a review of all offices, programs and processes under its jurisdiction which are involved in designation and oversight of college and career pathway programs, and act to organize department activities in a way that fosters coordination and uniformity across offices and programs with regard to administration of college and career readiness programs and their respective elements. The department will report to the legislature’s joint committee on education and the ways and means committees of the house and senate by July 1, 2024, as to what actions it has taken, or plans to take, with regard to implementation of the requirements of this section. The department will, as part of its reporting, recommend any changes in statute it deems necessary to facilitate the coordination of college and career readiness initiatives under its jurisdiction.
SECTION 8. (a) For the purposes of this section, the following term shall have the following meaning:
“work-based learning”, an educational method that takes place related to work or a specific career, usually in a workplace, prompting students to learn about the environment in a chosen career path and allowing them to gain exposure to the world of work in ways that help them develop skills that employers value and enhance their opportunity for career success but which may be difficult to acquire in a classroom setting.
(b) The department of elementary and secondary education, in consultation with the workforce skills cabinet created in SECTION 1 of this act, shall conduct a study of the barriers that exist to creating greater student access to meaningful work-based learning opportunities in the state’s public schools. Said study shall address issues such as transportation, employer liability, personnel, scheduling, curriculum, logistics and any other consideration which may be determined to have the effect of limiting opportunities for students to participate in relevant and meaningful work-based learning. The results of said study shall be issued, along with recommendations for actions to expand work-based learning opportunities in the schools of the Commonwealth, as a report to the legislature’s joint committee on education and the ways and means committees of the house and senate by July 1, 2024.
SECTION 9. The department of elementary and secondary education shall require of every public school district a plan for implementing the MassCore curriculum as a requirement for graduation for all of their students. Said plans shall be submitted to the department no later than December 31, 2024 and shall outline the strategies and timeline for implementation that includes, but need not be limited to, changes to curriculum offerings, staffing needs, financial requirements, scheduling restructuring and data related to the current shortfall, if any, in providing universal access to a MassCore course of studies in said district. Each plan will outline its strategy for universal access to MassCore for all of its students to be implemented no later than for the class of 2030.
SECTION 10. Section 5 of this act will take effect on September 1, 2026.
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An Act to end discriminatory outcomes in vocational school admissions
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S257
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SD2312
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:21:38.077'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T16:21:38.0766667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-02T13:04:52.97'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-02-03T13:05:24.7933333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-02-03T13:05:31.73'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-03T13:27:41.79'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-09T11:31:17.7533333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-09T11:31:25.4266667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T11:02:20.4066667'}]
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 257) of John J. Cronin, Simon Cataldo, Sally P. Kerans, Patricia D. Jehlen and other members of the General Court for legislation to end discriminatory outcomes in vocational school admissions. Education.
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SECTION 1. Chapter 74 of the General Laws is hereby amended by inserting after section 5B the following section:-
Section 5C. (a) For the purposes of this section, the following terms shall have the following meanings:
“Eligible applicant”, a student that meets the requirements to be promoted to the applicable grade. Any admission offered to an applicant before having been promoted to the applicable grade shall be contingent only upon promotion.
“Department”, the department of elementary and secondary education.
(b) If there are more eligible applicants than spaces available for admission to a vocational-technical school or vocational-technical program within a vocational-technical school or comprehensive high school, whether or not the program is approved under this Chapter and including exploratory programs, the school shall hold a blind lottery to determine which applicants shall be admitted. No eligible applicant shall be required to submit anything to participate in the lottery other than the school the eligible applicant is currently enrolled in and contact information as determined relevant by the school.
(c) Each school shall place eligible applicants who entered the lottery but were not admitted on a waitlist, the order of which shall be determined by the lottery. The waitlist shall include the names, home address, telephone number and grade level of such students and any other information the department deems necessary. The school shall forward the waitlist to the department of education no later than June 1 in the year in which the lottery is held. The department shall maintain a consolidated waitlist in order to determine the number of individual students in each city or town seeking admission to vocational-technical education schools and programs. If a school fills a vacancy after the initial admissions cycle is completed, said school shall fill the vacancy with the next available student on the waitlist and shall continue through the waitlist until a student fills the vacant seat.
(d) The commissioner shall collect application, admission, enrollment, and waitlist data pertaining to at a minimum race, ethnicity, students with disabilities, economically disadvantaged students, and English language learners. The commissioner shall also collect data on the number of students enrolled in each vocational technical education program receiving services pursuant to chapter 71A, chapter 71B or both. The commissioner shall annually file said data with the clerks of the house and senate and the joint committee on education and make said data available to the public online not later than November 1.
(e) The board shall promulgate regulations for implementation and enforcement of this section.
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An Act relative to the availability of sunscreen for students
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S258
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SD398
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T18:26:12.563'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-13T18:26:12.5633333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-21T09:50:01.8566667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-30T13:40:18.46'}]
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 258) of Julian Cyr for legislation relative to the availability of sunscreen for students. Education.
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SECTION 1. Chapter 71 of the Massachusetts General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after section 97 the following section:-
Section 98. Any person, including but not limited to students, parents or school personnel may possess and use a topical sunscreen product without a physician’s note or prescription while on school property or at a school-related event or activity to avoid overexposure to the sun if the product is regulated by the Federal Food and Drug Administration for over-the-counter use.
For the purposes of this Section only, sunscreen is not an over-the-counter medication. Nothing in this section requires school personnel to assist pupils in applying sunscreen.
The school district may encourage school sites to educate pupils on sun safety precautions.
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An Act relative to LGBTQ+ inclusive curriculum
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S259
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SD443
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:12:29.937'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-15T22:12:29.9366667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T16:06:46.9366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T16:31:41.5933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-07T16:11:45.29'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-04T10:18:44.9533333'}]
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 259) of Julian Cyr, Jack Patrick Lewis, Vanna Howard and Rebecca L. Rausch for legislation relative to LGBTQ+ inclusive curriculum. Education.
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The third paragraph of section 1D of chapter 69 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the second sentence the following sentence:- The standards shall include sufficient instruction on the histories, roles, and contributions of lesbian, gay, bisexual, transgender, and queer people in the history of this country and this Commonwealth.
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An Act relative to the modernization of state agency information technology systems
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S26
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SD805
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T14:06:21.55'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T14:06:21.55'}]
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 26) of Brendan P. Crighton for legislation to modernize state agency information technology systems. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Chapter 7D of the General Laws, as appearing in the Official 2018 Edition, is hereby amended by inserting the following section:-
“SECTION 11. Massachusetts Innovation Fund and State Agency Technology Upgrades Account
(a) As used in this section, the following terms shall have the following meanings:-
"Account," the state agency technology upgrades account.
"Board," the Massachusetts innovation fund board.
"Cloud computing service" has the meaning given the term by the National Institute of Standards and Technology in NIST Special Publication 800-145 and any amendatory or superseding document thereto.
"Device-as-a-service," a managed service in which hardware that belongs to a managed service provider is installed at a state agency and a service level agreement defines the responsibilities of each party to the agreement.
"Fund," means the Massachusetts Innovation Fund.
"Information technology system," any equipment or interconnected system or subsystem of equipment used by a state agency, or a person under a contract with a state agency if the contract requires use of the equipment, to acquire, store, analyze, evaluate, manipulate, manage, move, control, display, switch, interchange, transmit, print, copy, scan, or receive data or other information. “Information technology system” shall include a computer, a device-as-a-service solution, ancillary computer equipment such as imaging, printing, scanning, and copying peripherals and input, output, and storage devices necessary for security and surveillance, peripheral equipment designed to be controlled by the central processing unit of a computer, software and firmware and similar procedures, and services, including support services, and related resources. “Information technology system” shall not include equipment acquired by a contractor incidental to a state contract.
"Legacy information technology system," is an information technology system that is operated with outdated or obsolete, or inefficient hardware or software system of information technology.
"Qualifying information technology modernization project," a project by a state agency to (i) replace the agency's information technology systems;(ii) transition the agency's legacy information technology systems to a cloud computing service or other innovative commercial platform or technology; or (iii) develop and implement a method to provide adequate, risk-based, and cost-effective information technology responses to threats to the agency's information security.
(b) The Massachusetts innovation fund board is established to administer the Massachusetts innovation fund and the state agency technology upgrades account and to make awards of financial assistance to state agencies from the fund or account for qualifying information technology modernization projects. The board shall consist of: (i) the comptroller or a designee (ii) the secretary of the executive office of technology services and security or a designee (iii) the governor or a designee (iv) two members of the senate appointed by the president of the senate;(v) two members of the house of representatives appointed by the speaker of the house of representatives; (vi) one member of the public with relevant subject matter expertise appointed by the governor; and (vii) three state employees primarily having technical expertise information technology development, financial management, cybersecurity and privacy, and acquisition, appointed by the secretary of the executive office of technology services and security.
(c) Members of the board shall serve six two-year terms. A board member is not entitled to compensation for service on the board but is entitled to reimbursement of expenses incurred while performing duties as a board member.
(d) The Massachusetts innovation fund and the state agency technology upgrades account are special funds outside the state treasury to be used by the board, without further legislative appropriation, as provided by this section.
(e) The fund consists of:
(1) money appropriated, credited, or transferred to the fund by the legislature;
(2) money received by the board for the repayment of a loan made from the fund; and
(3) interest and other earnings earned on deposits and investments of money in the fund.
(f) The account consists of:
(1) money deposited to the account by the comptroller in the manner prescribed by subsection (h); and
(2) interest and other earnings earned on deposits and investments of money in the account.
(g) The comptroller, in consultation with the executive office of technology services and security, shall establish a loan program to authorize the board to use money from the fund to provide loans to state agencies for qualifying information technology modernization projects. A state agency must apply to the board for a loan from the fund. The application must include a description of the qualifying information technology modernization project for which the state agency is requesting a loan. A loan agreement entered into under this subsection must require the state agency to:
(1) repay the loan to the board within seven years of the date the loan is made to the agency; and
(2) make annual reports to the board identifying cost savings realized by the agency as a result of the project for which the agency received the loan.
(h) At the end of each state fiscal year, on the written request of a state agency, the comptroller shall deposit to the account the unexpended balance of any money appropriated to the agency for that state fiscal year that is budgeted by the agency for information technology services or cybersecurity purposes. A state agency may request money from the account from the board at any time for a qualifying information technology modernization project.
(i) The comptroller shall separately account for the amount of money deposited to the account at the request of each state agency under Subsection (h). Money deposited to the account under subsection (h) and any interest and other earnings on that money may be provided only to the state agency for which the comptroller deposited the money to the account and may be used by the agency only for a qualifying information technology modernization project.
(j) Any money deposited to the account at the request of a state agency under subsection (h) that is not requested by the agency within three years from the date the money is deposited shall be transferred by the comptroller to the general revenue fund to be used in accordance with legislative appropriation.
(k) A state agency that receives money from the fund or the account may collaborate with one or more other state agencies that also receive money from the fund or the account to purchase information technology systems that may be shared between the agencies.
(l) The comptroller may adopt rules to implement and administer this section.”
SECTION 2. This Act shall take effect upon its passage.
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An Act implementing elementary and secondary interdisciplinary climate justice education across the Commonwealth
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S260
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SD498
| 193
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-16T22:28:01.973'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-16T22:28:01.9733333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-22T13:54:01.3'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-22T13:54:01.3'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-14T11:36:30.7166667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-14T11:36:30.7166667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-30T13:38:26.25'}, {'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-08-21T12:09:58.0833333'}]
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 260) of Julian Cyr, Joanne M. Comerford and Michael J. Barrett for legislation to implement elementary and secondary interdisciplinary climate justice education across the Commonwealth. Education.
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SECTION 1. Chapter 69 of the General Laws, as appearing in the 2020 Official edition, is hereby amended by inserting after section 1T the following new section:-
Section 1U. (a) Environmental science and environmental protection standards established pursuant to section 1D shall promote an understanding of climate change including, but not limited to: (i) the human impact on the carbon cycle; (ii) the effect of climate change on life that exists on Earth; (iii) the effects of the environment on health, economics, and agricultural systems; (iv) the impact of climate change on the water cycle; and (v) the impact of the environment on natural disasters and weather.
(b) A school district, charter school, approved private day or residential school or collaborative school may incorporate the climate change standards established pursuant to section 1D and subsection (a) into existing curriculum including, but not limited to, science, history and social sciences, technology or business.
(c) The department may make resources available to school districts, charter schools, approved private day or residential schools, and collaborative schools to assist in the selection of materials and curriculum on climate change. The department may identify and offer information on resources for professional development activities and instruction on climate change. The department may consult with private or non-profit experts in the field of environment or related disciplines and government stakeholders to identify such resources.
(d) The department may apply for federal, state or other funding.
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An Act relative to universal school meals
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S261
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SD1013
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T18:05:05.457'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T18:05:05.4566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T14:26:27.05'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-24T14:23:08.5966667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-24T14:22:26.78'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-24T14:47:32.3366667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-25T12:14:30.1766667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-25T16:21:47.35'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T15:23:28.5566667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-25T16:13:46.8766667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-01-27T13:51:14.5366667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-27T13:51:34.8466667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-27T13:51:41.71'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-27T13:51:50.41'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-27T13:52:03.38'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-27T13:52:09.69'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-27T13:52:15.5666667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-27T13:52:19.2233333'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-27T13:50:41.2366667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-30T10:39:51.46'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-30T10:39:42.9933333'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-30T10:39:14.0266667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-31T12:25:30.5233333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-31T12:25:21.85'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-01T12:48:56.1333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T12:48:05.6166667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-02T12:19:14.29'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T12:16:50.2066667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-02T12:16:39.89'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-06T10:47:49.9466667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-06T10:40:11.8533333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T09:03:48.5933333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-14T14:15:55.3566667'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-23T15:08:01.1233333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-01T16:31:59.4433333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-01T16:31:24.4933333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-07T13:06:03.06'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-03-09T10:48:21.6933333'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-03-14T21:04:35.8166667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-15T09:59:18.9233333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-12T13:33:14.66'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-18T12:27:36.58'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-05-01T12:51:26.74'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-08-09T11:35:06.0566667'}]
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 261) of Sal N. DiDomenico, Jack Patrick Lewis, Hannah Kane, Michael D. Brady and other members of the General Court for legislation relative to universal school meals. Education.
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SECTION 1. Section 1C of Chapter 69 of the General Law, as appearing in the 2020 Official Edition, is hereby amended by inserting after the third paragraph the following:- “The board shall require all schools providing school lunch as provided in the National School Lunch Act as amended or school breakfast as provided in the National Child Nutrition Act as amended, to make breakfast and lunch available at no charge to each attending student. Schools shall maximize access to federal funds for the cost of school breakfast and lunch programs by adopting the federal Community Eligibility Provision, Provision 2, or other provisions under these acts.
To the extent that costs are not reimbursed through federal funds the cost of making available school lunches and breakfasts shall be borne by the department of elementary and secondary education. The department shall reimburse the difference between the amount paid by the United States Department of Agriculture and the free rate as set annually by the United States Secretary of Agriculture under 42 U.S.C. 1759a for each school.
The department, in consultation with the department of transitional assistance, shall promulgate regulations for schools to promote the supplemental nutrition assistance program to families by either providing application assistance or a direct referral to an outreach partner identified by the department of transitional assistance or department of elementary and secondary education.”
SECTION 2. Sections under this act shall take effect on July 1, 2023.
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[{'Description': 'SD1013 -- Cambridge', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16095&title=SD1013%20--%20Cambridge'}]
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An Act providing for diabetes management in schools
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S262
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SD1621
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T21:54:27.243'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-17T21:54:27.2433333'}, {'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-02-06T10:39:41.1033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S262/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 262) of Sal N. DiDomenico and Barry R. Finegold for legislation relative to providing for diabetes management in schools. Education.
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The last paragraph of Section 54B of chapter 71 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following:-
"With proper and ongoing training, and under the direct supervision of a licensed school nurse, the school nurse or physician may delegate the authority to administer the treatment of low blood sugar and monitor symptoms of students with type 1 diabetes to a trained health assistant. The delivery of parenteral medication, such as the delivery of insulin via pump system or syringe, must be administered by a licensed school nurse in accordance with 105 CMR 210.00: The administration of prescription medication in public schools. Glucose monitoring via finger stick and insulin delivery may be administered in a classroom by a trained and licensed school nurse if the student’s family and physician deem the administration appropriate.
Each student with diabetes will be placed in a classroom with a health or instructional assistant already supporting other students in this classroom. All school staff will be trained to administer treatment for low blood sugar and monitoring symptoms yearly."
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An Act to promote high-quality comprehensive literacy instruction in all Massachusetts schools
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S263
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SD1751
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T17:26:24.797'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T17:26:24.7966667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-24T14:24:22.7266667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-01T12:47:56.96'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-01T12:47:05.8133333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T12:18:23.5766667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T12:17:44.2'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T11:39:19.13'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T11:12:24.2'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-22T14:55:17.54'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-05-01T12:52:02.8466667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-06-15T13:38:52.92'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-06-21T13:22:30.6033333'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-06-22T10:25:18.58'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S263/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 263) of Sal N. DiDomenico, Paul W. Mark, John C. Velis, Angelo J. Puppolo, Jr. and other members of the General Court for legislation to promote high-quality comprehensive literacy instruction in all Massachusetts schools. Education.
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SECTION 1: Chapter 69 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 36 the following section:- “Section 99. On or before January 1, 2024 and annually thereafter, each district shall submit to the department a District Literacy Strategic Plan that is aligned with statewide literacy strategic plan. The Department will create a template for districts to use in developing their District Literacy Strategic Plan. Prior to such submission, said District Literacy Strategic Plan shall be reviewed and approved by the school committee of that district. Pursuant to M.G.L. chapter 69, section 1S(c), whenever any school in a district receives results from the department reporting 3rd grade English Language Arts assessment with fewer than 50% of students meeting or exceeding expectations, or if such results report any subgroup that is on average 10% below the overall school results on said 3rd grade English Language Arts Assessment; the most recently submitted District Literacy Strategic Plan shall be appended to and incorporated by reference into the 3-year plan. Said District Literacy Strategic Plan shall be subject to the review of the plan as set forth in Ch 69 § 1S (d). Each District Literacy Strategic Plan shall follow the department template and address how the local school committee and district will align (i) literacy professional development, (ii) core reading and literacy curriculum, and (iii) screening, supplemental instruction, and interventions with evidence-based literacy instruction practices aligned with science-based reading research and how the school committee will support parents to support the literacy development of their children. When developing such District Literacy Strategic Plan, each local school committee shall use programs and curricula from the lists developed by the department or an approved alternative program. The department shall prioritize review, technical assistance, and support to districts, which are at the time of submission determined by the department to require assistance or intervention.
(a) The department, in consultation with designees of the commissioner of higher education, shall convene a panel of stakeholders to draft recommendations to maximize dissemination of evidence-based early literacy best practices among the educator workforce in Massachusetts, which shall include but not be limited to pre-service training for teachers, administrators, and related school-based service providers; professional development for in-service teachers, administrators, and related school-based service providers; best practices related to educator licensure, license endorsements or similar credentials intended to demonstrate advanced knowledge of Evidence-Based Early Literacy practices; and such other matters as the panel may determine would advance more equitable literacy outcomes for Massachusetts students.
(b) Said recommendations shall be published in a report to be delivered to the Senate President and the Speaker of the House of Representatives, the members of the House and Senate Education Committees, the Governor, and the Board of Elementary and Secondary Education on or before December 31, 2024.
(c) The department shall provide tools and resources to aid districts in providing adequate professional development aligned with evidence-based early literacy practices and science-based reading research for literacy teachers, paraprofessionals, and reading specialists in grades kindergarten through third grade.
(d) The department shall create and maintain:
i. A list of department-approved, high-quality professional development programs and vendors aligned with evidence-based literacy best practices and science-based reading research.
ii. A set of online training modules available and free to all teachers that provide training on the foundational practices and pedagogy aligned with evidence-based literacy best practices and the science of reading.
iii. Priority shall be given to districts that are determined by the department to require assistance or intervention, schools receiving Title I funding, and schools with less than 50% of students demonstrating proficiency as determined by the department.
SECTION 2: Effective July 1, 2023, each school district shall at least three times per year assess each student's reading ability and progress in literacy skills, from kindergarten through at least third grade, using a valid, developmentally appropriate screening instrument approved by the department. Consistent with section 2 of chapter 71B of the general laws and the department's dyslexia and literacy guidelines, if such screenings determine that a student is significantly below relevant benchmarks for age-typical development in specific literacy skills, the school shall determine which actions within the general education program will meet the student's needs, including differentiated or supplementary evidence-based reading instruction and ongoing monitoring of progress. Within 30 school days of a screening result that is significantly below the relevant benchmarks, the school shall inform the student's parent or guardian of the screening results and the school's response and shall offer them the opportunity for a follow-up discussion.
Districts shall provide coverage for instruction or student support when the educator is meeting the responsibilities outlined in this section. In determining which universal reading screeners to include on the Massachusetts Early Literacy Universal Screening Assessment list, the department shall also consider the following factors: (a) the time required to conduct the screening, with the intention of minimizing impact on instructional time; (b) the timeliness in reporting screening results to teachers, administrators, and parents; (c) the integration of assessment and instruction the screener provides, including the ability to provide progress monitoring capabilities and a diagnostic tool to support teachers or a progress monitoring team with targeted instruction based on student needs. Screening, diagnostic assessment, and progress monitoring processes shall be aligned with a multi-tiered system of support procedures, and tools should be norm-referenced, criterion-referenced, or curriculum-based as appropriate.
Subject to funding, students enrolled in kindergarten shall be screened for characteristics of dyslexia. The screening of students using an approved dyslexia screener must include, as developmentally appropriate, all of the following: (i) phonological and phonemic awareness; (ii) sound symbol recognition; (iii) alphabet knowledge; (iv) decoding skills; (v) rapid naming skills; (vi) encoding skills; and (vii) oral reading fluency. Parents shall be notified of the results of such screening in a similar manner as provided in section 2 herein. Dyslexia screening shall occur after the 100th school day and before the last day scheduled in the district of said students enrolled in kindergarten. In districts that are determined by the department to require assistance or intervention, children who are not enrolled in kindergarten but would be eligible for such enrollment shall be provided such dyslexia screening at the request of a parent or guardian.
Districts shall comply with the recommendations set forth in the department’s guidelines promulgated under Ch 71 § 57A; and further; any student enrolled in a district in first or second grade shall, at the request of a parent or guardian, receive age-appropriate dyslexia screening at no cost to them. Approved dyslexia screening tools shall be vetted and approved by the department in a similar manner as provided for literacy screeners in section 2 (a) herein. Approved dyslexia screening tools must include, as developmentally appropriate, all of the following: (a) Phonological and phonemic awareness; (b) Sound symbol recognition; (c) Alphabet knowledge; (d) Decoding skills; (e) Rapid naming skills; (f) Encoding skills; and (g) Oral reading fluency. The department shall promulgate guidance to families and districts recommending best practices when the results of a dyslexia screening suggest further response.
The department shall include with its list of aligned universal reading screeners, literacy intervention approaches, and Dyslexia Screeners an explanation of how these screeners and interventions were selected, including consultation with national expert organizations and the evidence base as demonstrated by the National Center on Intensive Intervention ("the Center") or similarly validated research.
The department shall provide professional learning on reading screening and literacy intervention approaches at no cost to schools and districts which shall be provided during the contractual day.
In the event that a school or district adopts any reading screener, literacy intervention approach, or Dyslexia Screener that is not listed as fully meeting expectations, the cost of such assessment shall not count toward district net school spending expenditures. In addition, the district shall submit to the Center a written explanation, approved by the school committee, stating the reason said the assessment was selected.
SECTION 3: (a)(1) The department, through the Center, shall establish and maintain a list of evidence-based, reading instruction curricula for grades kindergarten through 3 in public school entities. A curriculum on this list must:
a. align with Evidence-Based Early Literacy & Science-based reading research, including explicit and systematic instruction in phonological awareness, the alphabetic principle, decoding, fluency, vocabulary, comprehension, and building content knowledge;
b. include a logical scope and sequence that is sequential, systematic, and cumulative; and
c. include or support the use of high-quality instructional materials.
(2) The department shall maintain the following on the department website:
a. The current list of curricula under paragraph (a)(1) of this section; and
b. The criteria and rubric used to identify high-quality curriculum under paragraph (a)(1) of this section.
(3)(a)The department shall provide a process through which public school entities can submit an application for department approval of an alternative curriculum that meets the requirements under paragraph (a)(2)b of this section.
(b) The department shall add curricula approved under paragraph (a)(3)a of this section to the list under paragraph (a)(2) a of this section.
(c) If a public school entity serves students in one or more of the grades kindergarten through 3, the public school entity must do all of the following before the beginning of the 2025-2026 school year:
(1) For students in grades kindergarten through 3, adopt a reading instruction curriculum from the list under subsection (a) of this section.
(2) Approve competency-based professional development for educators providing reading instruction. This professional development must be completed during the contractual day and must be high-quality professional learning aligned with the essential components of evidence-based reading instruction, including professional learning associated with the curriculum adopted under this section.
(3) Identify an individual responsible for assisting each school with the implementation of the curricula adopted under paragraph (c)(1) of this section.
(4) Demonstrate that all educators responsible for reading instruction or coaching have completed approved professional development under paragraph (c)(2) of this section, including all educators identified or certified as any of the following:
a. Elementary teacher.
b. School reading specialist.
c. Reading interventionist.
d. Special education teacher of students with disabilities.
e. The individual identified, under paragraph (c)(3) of this section.
f. Literacy coach.
g. Building-level principal and/or school administrator.
(5) In the event that a school or district adopts a screening assessment that is not listed as fully meeting expectations, the cost of such assessment shall not count toward district net school spending expenditures. In addition, the district shall submit to the Center a written explanation, approved by the school committee, stating the reason the assessment was selected.
SECTION 4: (a) Any student in kindergarten or grades 1-3 who exhibits a deficiency in reading at any time and any fourth-grade student identified as having reading deficiencies shall receive an individual reading improvement plan no later than 30 days after the identification of the reading deficiency. The reading improvement plan shall be created by the teacher, principal, other pertinent school personnel, and the parent(s), and shall describe the research-based reading intervention services the student will receive to remedy the reading deficit. Each student must receive intensive reading intervention until the student no longer has a deficiency in reading.
(b) Districts shall offer a reading intervention program to each K-3 student who exhibits a reading deficiency to ensure students can read at or above grade level by the end of grade 3. The reading intervention program shall be provided in addition to core reading instruction that is provided to all students in the general education classroom. The reading intervention program shall:
(1) Be provided to all K-3 students identified with a reading deficiency as determined by the department-approved assessment system administered within the first thirty (30) days of school;
(2) Provide explicit and systematic instruction in phonological awareness, phonics, fluency, vocabulary, and comprehension, as applicable;
(3) Monitor the reading progress of each student’s reading skills throughout the school year and adjust instruction according to student needs; and
(4) Be implemented during regular school hours.
(c) The department shall convene a panel of stakeholders to identify and list literacy intervention approaches that are aligned with the essential components of evidence-based reading instruction and Science-based reading research. The initial lists must be published within eighteen months of this act.
SECTION 5: (a)(1) Beginning in 2024, each district shall report annually to the department, on or before October 31, the following:
a. The number and percentage of students, disaggregated by grade and by individual school, identified with a potential reading deficiency, including characteristics of dyslexia, pursuant to the screening mandated in subsection (b) of this section, and the literacy intervention approaches being provided.
b. The curricula adopted under this article.
c. The individuals identified under Section 3 (b)(4) of this article and each individual’s responsibilities for approving and providing professional development required under sections 1 and 3 of this bill.
d. How the school district or charter school will ensure that educators have access to and have successfully completed the professional development required under sections 1 and 3 of this bill.
(b) Beginning December 31, 2024, the department shall produce an annual report that provides all of the following:
a. The number and percentage of students identified with a potential reading deficiency, including characteristics of dyslexia, pursuant to the screening mandated in subsection (b) of this section, and the literacy intervention approaches being provided. Said information, disaggregated by grade and by individual school, shall be made available on the department’s website.
b. A list of the curricula adopted under subsection (a) of this section and the number of schools that have adopted each curriculum listed.
c. The number of educators who have received each type of professional development provided under paragraph (b)(2) of this section.
d. The percentage of the educators required to receive professional development under paragraph (b)(4) of this section that have successfully completed that professional development.
(c) The department shall send the report required under this subsection to the Senate President and the Speaker of the House of Representatives, the members of the House and Senate Education Committees, the Governor, and the Board of Elementary and Secondary Education.
Section 6. DEFINITIONS.
“Evidence-based literacy instruction" means structured instructional practices, including sequential, systematic, explicit, and cumulative teaching, that (i) are based on reliable, trustworthy, and valid evidence consistent with science-based reading research; (ii) are used in core or general instruction, supplemental instruction, intervention services, and intensive intervention services; (iii) have a demonstrated record of success in adequately increasing students' reading competency, vocabulary, oral language, and comprehension and in building mastery of the foundational reading skills of phonological and phonemic awareness, alphabetic principle, phonics, spelling, and text reading fluency; and (iv) are able to be differentiated in order to meet the individual needs of students.
"Science-based reading research" means research that (i) applies rigorous, systematic, and objective observational or experimental procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading and writing difficulties and (ii) explains how proficient reading and writing develop, why some children have difficulties developing key literacy skills, and how schools can best assess and instruct early literacy, including the use of evidence-based literacy instruction practices to promote reading and writing achievement.
“Literacy intervention approaches” means evidence-based, specialized reading, writing, and spelling instruction that is systematic and explicit and intensified based on the needs of the student. Dyslexia-specific intervention approaches may require greater intensity, such as smaller groups, increased frequency of instruction, and individualized progression through steps, than typical evidence-based reading instruction.
“Multi-Tiered Systems of Support (MTSS)”. A framework for how school districts can build the necessary systems to ensure that each and every student receives a high-quality educational experience. It is designed to support schools in proactively identifying and addressing the strengths and needs of all students by optimizing data-driven decision-making, progress monitoring, and the use of evidence-based supports and strategies with increasing intensity to sustain student growth.
“Evidence-Based Early Literacy." Evidence-based instructional and assessment practices that address the multimodal approach that integrates listening, speaking, reading, spelling, and writing in the acquisition of oral and written language skills that can be differentiated to meet the needs of individual students. Evidence-Based Early Literacy should align with scientifically based reading research standards set forth in 20 USC 6368 (3)(4)(5)(6)(7).
“Universal reading screener” means a tool used as part of a multi-tiered system of support to determine if a student is at risk for developing reading difficulties and the need for intervention and to evaluate the effectiveness of core curriculum as an outcome measure. A universal reading screener must do all of the following:
a. Measure, at a minimum, phonological awareness, the alphabetic principle, decoding, fluency, vocabulary, comprehension, and building content knowledge.
b. Identify students who have a potential reading deficiency, including identifying students with characteristics of dyslexia.
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An Act ensuring high quality pre-kindergarten education
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S264
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SD1767
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T20:47:37.093'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T20:47:37.0933333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T11:42:27.7566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S264/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 264) of Sal N. DiDomenico for legislation to ensure high quality pre-kindergarten education. Education.
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SECTION 1. Chapter 15D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 13 the following section:-
Section 13A. (a) The department of early education and care, in consultation with the department of elementary and secondary education, shall develop and administer the high quality pre-kindergarten Education grant program to support the implementation of high quality pre-kindergarten programs for children between the ages of 2 years and 9 months and the age a child becomes eligible for kindergarten in the district where he or she resides. The grants shall be used to invest in a high quality, mixed-delivery early education system in order to reduce the achievement gap and improve third-grade reading scores. Eligible grantees shall include individual school districts and collaborations of multiple school districts in a region. Proposals must include partnerships with licensed community-based early learning programs.
(b) The departments shall establish requirements for grant applicants which shall include, but not be limited to, the following: (1) a tracking system for preschool students in the program using the state student identifier system; (2) a child to instructor ratio of no more than 10 to 1; (3) tactics to engage families in the enrollment process and implementation of the plan required under subsection (c), and methods to ensure a high level of participation by families with 3 and 4 year olds; (4) teacher qualifications and on-going professional development requirements; (5) full school day program in the district; (6) a class size of no more than 20 preschool students; (7) inclusion of children with disabilities; (8) instructional staff salaries and benefits comparable to the responding districts salaries and benefits for kindergarten to high school staff; (9) developmentally and linguistically appropriate instruction; (10) evidenced based curricula; (11) accommodations and support for access and participation in all learning opportunities by each child; (12) a learning environment aligned with the state early learning and development standards; (13) on-site or access to comprehensive services for children; (14) partnership with, and promotion of, community service providers for families to support children’s learning and development; (15) evidenced based health and safety standards; (16) a timetable for implementation; (17) program evaluation and data collection systems to ensure continuous improvement; (18) a description of the learning environment reflecting the state early learning and development standards; (19) a description of the physical structures for the education of the students; (20) a teacher evaluation system and professional improvement program; and (21) a vision and initial plan for serving children from birth to age 3.
Grants shall be awarded based on two primary criteria: readiness and need.
Readiness shall be defined as the community having in place an EEC-approved plan for preschool expansion. All grantees must meet this criteria. Plans must include: (1) detailed assessment of the local early education and care system, including supply of high-quality preschool classrooms, qualifications of teachers, facilities, and transportation; (2) estimate of the percentage of high-needs children entering kindergarten annually with no prior preschool experience; (3) a profile of family and community needs and assets, including parent perspectives and demand for preschool; (4) list of local resources such as funding or in-kind support, recent early learning initiatives, strategic plans, professional development strategies, and evidence of collaboration within the mixed-delivery system of early education and care; and (5) proposed program budgets.
Need shall be defined by the percentage of high-need students, as defined by the department of elementary and secondary education, enrolled in a grantee’s school district. In any given fiscal year, the department shall award implementation grants in order from highest need to lowest need until that fiscal year’s grant funds are expired.
In awarding grants, preference shall be given to districts designated as underperforming or chronically underperforming pursuant to section 1J of chapter 69.
(c) Each recipient of the grant shall establish a plan to implement the requirements set forth in subsection (b) and any other requirements as may be prescribed by the board of early education and care. Each district shall establish a local governing council to implement and oversee all aspects of the plan. Districts shall provide on a quarterly basis reports to the department of early education and care on all aspects of the plan. The district and the local council shall implement the plan as approved within the period of time approved by the department. Failure to satisfactorily implement the plan within the approved period of time shall result in the termination of the plan and reversion of the grant funds to the department.
(d) The board of early education and care shall promulgate regulations to implement the provisions of this act within six months of the effective date including guidelines for membership to local governing councils in each recipient district and evaluation criteria required in the quarterly reports. A grant awarded pursuant to this subsection shall require that recipients undertake ongoing evaluations of the implementation of the plan and all its aspects.
The commissioner of early education and care shall annually evaluate the effectiveness of programs established under this section, including the potential for replicating such programs throughout the commonwealth. The commissioner shall also provide technical assistance to school districts seeking to replicate programs funded under this section.
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An Act relative to quality funding for early childhood education and care programs
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S265
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SD1779
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T21:21:21.917'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-19T21:21:21.9166667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:26:06.9766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S265/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 265) of Sal N. DiDomenico and Vanna Howard for legislation relative to rates of payment for early childhood education and care programs. Education.
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SECTION 1. Section 1 of Chapter 15D, as appearing in the 2020 Official Edition, is hereby amended by inserting after the phrase “It is hereby declared to be the policy of the Commonwealth” the following:- "to contribute a commensurate share of funding that matches annual funding from the federal government in order"
SECTION 2. Section 1A of Chapter 15D, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “Family foster care” the following definitions:-
“Foundation Awards,” an amount of funding from the department to programs providing subsidy early education and subsidy Out of School Time (OST) programs and services as a quality add-on to the subsidy rate. Said funding shall be used for educator compensation and credentialing as well as program quality and sustainability.
“Governmental mandate,” a state or federal statutory requirement, administrative rule, regulation, assessment, executive order, judicial order or other governmental requirement that directly or indirectly imposes an obligation and associated compliance cost upon a subsidized childcare provider to take any action or to refrain from taking any action in order to fulfill the subsidized child care provider’s contractual duty to a procuring governmental unit.
"Governmental unit," the Commonwealth, any department, agency board, commission, or political subdivision of the Commonwealth.
SECTION 3. Section 1A of Chapter 15D, shall be amended by inserting after the definition of “Services” the following definition:-
“Subsidized Child Care Provider,” a licensed or exempt child care center, or a licensed family child care home located within the Commonwealth of Massachusetts that provides subsidized early education and care programs and services to low-income and at-risk children.
SECTION 4. Chapter 15D, as appearing in the 2018 Official Edition, is hereby amended by inserting after Section 18 the following new sections:-
"Section 19. Notwithstanding the provisions of any general or special law or regulation to the contrary, the board in fulfilling its responsibility in section 2 (e) of chapter 15D shall have the sole responsibility for establishing rates of payment for subsidized early education and care providers which are reasonable and adequate to meet the costs which are incurred by subsidized early education and care providers in providing early education programming and services to low income and at- risk children in conformity with federal and state law, regulations, quality and safety standards. In addition to meeting this standard, the board shall work with the department to establish and distribute foundation awards as a quality add-on to the subsidy rate. Said Foundation Awards funding shall be used for educator compensation and credentialing as well as program quality and sustainability and must take into account and compensate at: (i) the number of subsidy children receiving early education and Out of School Time programs and services; (ii) the costs of credentials, salaries and benefits of educators towards a goal of lead classroom educators being compensated at a commensurate level as outlined in Bureau of Labor Statistic frameworks for early educator compensation target goals.
In creating said foundation awards, the board shall use (i) available cost and geographic market data related to early education and care providers; (ii) annual inflation costs of the Commonwealth and (iii) available educator credentialing frameworks and the Bureau of Labor Statistics data for early educator compensation target goals.
Section 20. Within six months of passage of this act and annually moving forward, the board shall conduct at least four regional meetings available to all early education and Out of School Times programs providing subsidy programming in order to discuss and receive data on the costs of providing high-quality early education services and shall create a standardized methodology to develop and implement a Foundation Award."
SECTION 5. This act shall take effect on July 1, 2024.
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An Act enhancing the educational outcomes of expectant and parenting students
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S266
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SD2083
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-20T12:55:11.54'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-20T12:55:11.54'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S266/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 266) of Sal N. DiDomenico for legislation to enhance the educational outcomes of expectant and parenting students. Education.
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SECTION 1. Chapter 76 of the General Laws, as appearing in the 2020 Official edition, is hereby amended by inserting after section 21 the following section:-
Section 22. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Department”, the department of elementary and secondary education.
“Expectant student”, a student who is pregnant or an expectant parent of a child.
“Parenting student”, a student who is the parent of a child.
“Parenting student liaison”, the position established under subsection (d).
“Title IX”, Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.
“Title IX coordinator”, the school district employee designated under the requirements of Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq. and its implementation.
(b) The department, after consultation with relevant state agencies and appropriate community partners shall: (i) publish to its website a model of expectant and parenting student policy and encourage all districts to develop their own expectant and parenting students policies that align with this model; and (ii) compile and post on its website a list of resources, best practices and research for schools to use to help expectant and parenting students stay in school and to increase graduation rates for expectant and parenting students. These materials shall be incorporated into the training of expectant and parenting student liaisons, as described in subsection (d). The department shall update the model plan and the list of resources, best practices and research at least every 3 years.
(c) A public school with students in grade 7 or higher in either (i) a municipality with an annual birth rate to women ages 13 to 19 per 1,000 that is among the top 10 highest teen birth rates in the state or (ii) a municipality with an annual total number of births to women ages 13 to 19, inclusive, greater than 150 shall qualify for an expectant and parenting student liaison modeled after an evidence-based program at Chelsea High School. Each qualifying municipality shall receive funding for the liaison model. The amount of this funding shall be determined by the department. Districts shall determine which schools with grades 7 or higher shall have liaisons. The districts shall give preference to placing liaisons at schools with the highest percentages of expectant and parenting students. Each school shall post on its website the name and contact information of its expectant and parenting student liaison. The duties of the expectant and parenting student liaison may be in addition to other duties the liaison may have. Notwithstanding any general or special law to the contrary, the expectant and parenting student liaison shall have access to the school records necessary for the liaison to assist the expectant or parenting student with the development of a plan for the student to graduate from high school.
The department of public health shall calculate the annual birth rate and annual total number of births to women ages 13 to 19, inclusive, of each municipality. No later than April 1, 2022 the department of public health shall notify the department of its findings. No later than May 1, 2022 the department shall notify those school districts whose annual birth rate or annual total number of births to women ages 13 to 19, inclusive, require the designation of an expectant and parenting student liaison in the upcoming school year.
Each expectant and parenting student liaison shall, in close consultation with an expectant or parenting student, create an individualized plan for graduation that (i) is designed to ensure the student meets graduation requirements, (ii) includes flexible class scheduling and alternative credit accumulation options, as needed, and (iii) furthers the student’s post-graduation college or career goals. As needed, the plan shall also include a proposed end date for the student’s maternity or paternity leave of absence. The liaison shall present the advantages and disadvantages of each education option available to the student, without coercing or steering the student in any direction, and work with the student to determine which options best meet the student’s needs. If flexible class scheduling and alternative credit accumulation options are not available in the student’s school or district, the liaison shall work with the student to find such options. With the consent of the student, the liaison shall make a reasonable attempt to engage a family member in the development of the plan and any modifications to it. If such a family member is not available or if the student does not consent to the involvement of a family member, the liaison shall make a reasonable attempt to engage an adult outside of the student’s family in the development or modification of the plan, provided that the student consents to such involvement.
The liaison shall review the plan with the student at designated points during the school year and assess the student’s progress toward each graduation requirement and post-graduation goal. The liaison and student shall modify the plan from time to time as appropriate.
Before, during and after a student’s maternity or paternity leave of absence, the liaison shall attempt to connect a student with academic and social-emotional supports within and outside of the school, including but not limited to child care, health care, transportation, flexible scheduling, alternative credit accumulation options, and parenting and life skills classes. The liaison shall follow up with the student to ensure he or she has obtained needed supports and shall, where necessary, work in partnership with community-based organizations to assist and advocate for the student in obtaining support services. The expectant and parenting student liaison shall inform each expectant and parenting student of the student’s rights under Title IX.
Each school district shall ensure that each expectant and parenting student liaison receives training in the needs and rights of expectant and parenting students. This training shall include but not be limited to the rights of expectant and parenting students under federal law, information on graduation requirements, flexible scheduling options, alternative education options, community resources for expectant and parenting teens, and the importance of encouragement and support of their educational success.
(e) In all schools with grades 7 or higher, the expectant and parenting student liaison or Title IX coordinator shall annually report to the superintendent the known number of parenting students in the school, a summary of the academic achievement of these students, the number who graduate from high school, the number who drop out of school, and the number who enroll in post-secondary educational programs. Each superintendent shall annually report this data for the school district to the department. The department shall use its existing data collection tools to obtain this information from districts and shall modify those tools, as necessary, to obtain the information. The department shall post on its website aggregate statewide data and shall make district-level data available upon request except for data from districts that report fewer than 5 parenting students.
(f) School staff may encourage but shall not force or coerce an expectant or parenting student to inform his or her parents or guardians of the student’s pregnant or parenting status.
(g) Nothing in this section shall supersede or replace rights or remedies under any other general or special law, nor shall this section create a private right of action.
SECTION 2. Each public school with students in grade 7 or higher that is required to have an expectant and parenting student liaison shall identify and train a liaison, as defined under section 22 of chapter 76, no later than September 1, 2023. No later than September 1, 2023, each public school with students in grade 7 or higher shall have and shall file with the department of elementary and secondary education an expectant and parenting student policy. No later than September 1, 2023, the department of elementary and secondary education shall specify a method for districts and schools to report the information required by subsection (e) of section 22 of chapter 76.
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An Act fulfilling the promise of education reform
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S267
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SD2156
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T21:50:08.407'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-18T21:50:08.4066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S267/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 267) of Sal N. DiDomenico for legislation to fulfill the promise of education reform. Education.
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SECTION 1. Notwithstanding any general or special law to the contrary, the Legislature shall establish a Special Commission to study the current status, structures, future vision and needs of public education which will include but not be limited to all aspects of where we want public education to be in five to ten years.
The Promise Commission shall consist of eleven (11) members appointed as follows: the speaker of the house or a designee, the president of the senate or a designee, the commissioner of elementary and secondary education, the commissioner of early education and care, the commissioner of higher education, a member appointed by the Massachusetts association of school superintendents, a member appointed by the Massachusetts association of school committees, a member appointed by the Massachusetts affiliate of the American federation of teachers, a member appointed by the Massachusetts teachers association, a member appointed by the Massachusetts education equity partnership, and a Massachusetts based member appointed by Latinos for education.
SECTION 2. The Commission shall conduct an ongoing study of all matters concerning education in the 21st Century, including but not limited to: educator pipeline (including recruitment, career development, and retention); educator diversity; improved reputation and perception of the profession; curriculum and course of studies that meet the needs of students in a global society regarding technology; flexible learning models beyond traditional “seat time;” multilingualism as an asset and an aspiration; multiple modes of assessing learning beyond MCAS; broader methods used for accountability that are ambitious, attainable, and compassionate; and structures that take students from pre-K through college and provide the wrap-around social/emotional and education coaching at each age. With these and other goals, the Commission will dive deep into best practices found in other states and other countries.
SECTION 3. The Promise Commission shall develop a comprehensive report that re-envisions the power and potential of the Massachusetts education system for all students who are in our schools and who will be in our schools for years to come.
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An Act relative to healthy youth
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S268
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SD2199
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-20T14:14:24.293'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-20T14:14:24.2933333'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-01-23T11:12:26.5833333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T14:31:19.25'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T14:27:47.6666667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T16:14:03.1133333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-27T13:51:39.3033333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-27T13:50:02.9666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:26:16.76'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T13:25:37.5733333'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-06T10:48:45.3933333'}, {'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-02-06T10:48:22.06'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-06T10:42:10.2533333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-06T10:41:31.39'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T10:21:47.11'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T09:03:24.3633333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-10T09:02:23.37'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-14T11:45:29.5166667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-21T11:13:03.91'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T16:37:19.31'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-03-03T12:32:15.2066667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-03-14T21:04:52.94'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-03-15T10:15:18.2466667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-30T13:34:18.0366667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-18T12:27:08.3266667'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-04-21T15:14:39.2233333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-05-01T12:46:27.5633333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-07-12T16:41:22.49'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-08-09T11:34:30.8133333'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-08-09T11:34:17.4333333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-10-10T13:42:58.0433333'}]
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 268) of Sal N. DiDomenico, Robyn K. Kennedy, Rebecca L. Rausch, Jack Patrick Lewis and other members of the General Court for legislation relative to healthy youth. Education.
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SECTION 1. Chapter 69 of the General Laws is hereby amended by inserting after section 1E the following section:-
Section 1E ½. Each city, town, regional school district, vocational school district and charter school shall file a biennial report on even years with the department regarding sexual health education in the city, town, district or charter school by a date and in a format to be determined by the board of elementary and secondary education. The report shall include, but not be limited to, for each city, town, regional school district, vocational school district and charter school, by grade level: (i) the name and a description of any sexual health education curricula offered; (ii) the approximate number of hours spent on sexual health education; (iii) the number of students enrolled in sexual health education; and (iv) the number of students who withdrew from sexual health education pursuant to section 32A of chapter 71.
The commissioner shall make the data collected pursuant to this section available to the public on the department’s website and transmit the data to the department of public health within 30 days of the date established for the filing of biennial reports under this section.
SECTION 2. Chapter 71 of the General Laws is hereby amended by striking out section 32A, as so appearing, and inserting in place thereof the following 2 sections:-
Section 32A. A city, town, regional school district, vocational school district or charter school implementing or maintaining a curriculum that primarily involves human sexual education or human sexuality issues shall adopt a written policy ensuring that parents and guardians are notified of: (i) the comprehensive sexual health education provided by the school; (ii) the right of a parent or guardian to withdraw a student from all or part of the instruction; and (iii) the process for a parent or guardian to notify the school of a student’s withdrawal. The policy shall also include a process for a parent or guardian to inspect the program’s instruction materials prior to the start of the course if the parent or guardian requests to review the materials.
To the extent possible, such notification shall be provided in English and in other commonly spoken languages spoken by parents and guardians of students in the district or charter school. Annually, not later than September 1, the policy shall be distributed to the parents and guardians of students in a grade that includes a comprehensive sexual health education curriculum during the upcoming academic year. The policy shall be distributed in the same manner as any student handbook that is distributed to students. If student handbooks are not distributed in a certain grade, the policy shall be distributed in the same manner as other notices provided to parents and guardians at the start of the school year.
Each district and charter school shall send a copy of its policy, including, if applicable, the name of the comprehensive sexual health education curriculum being used, to the department of elementary and secondary education upon adoption of the policy and upon any amendment of the policy.
If a parent or guardian withdraws a student from all or part of the comprehensive sexual health education curriculum, the student shall not be subject to disciplinary action, academic penalty or any other sanction. An alternative educational activity shall be made available to any student who has been withdrawn from the sexual health education instruction.
Section 32B. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Age-appropriate”, topics, messages and teaching methods that are suitable to particular ages or age groups of children and adolescents and based on developing cognitive, emotional, social and behavioral capacity typical for that age or age group.
“Department”, the department of elementary and secondary education.
“Medically accurate”, supported by peer-reviewed research conducted in compliance with accepted scientific methods and recognized as accurate and objective by leading medical, psychological, psychiatric and public health organizations and agencies and, if relevant, published in peer-reviewed journals.
(b) For the purposes of this section, a curriculum’s discussions of the terms “consent,” “gender expression,” “gender identity” and “sexual orientation” shall be construed consistently with the terms as used or defined in the annual report of the commission on lesbian, gay, bisexual, transgender, queer and questioning youth established under section 67 of chapter 3.
(c) A city, town, regional school district, vocational school district or charter school that offers sexual health education shall provide a medically accurate, age-appropriate, comprehensive sexual health education. Sexual health education shall be appropriate for students regardless of gender, race, disability status, sexual orientation or gender identity and shall include, but not be limited to, age-appropriate teaching of: (i) physical, social and emotional changes of human development; (ii) human anatomy, reproduction and sexual development; (iii) the benefits of abstinence and delaying sexual activity, the prevention of sexually transmitted infections, including, but not limited to, human immunodeficiency virus and acquired immune deficiency syndrome, and unintended pregnancy, including, but not limited to, the effective use of contraceptives and barrier methods; (iv) ways to effectively discuss safe sexual activity; (v) relationship and communication skills to form healthy, respectful relationships free of violence, coercion and intimidation and to make healthy decisions about relationships and sexuality, including, but not limited to, affirmative, conscious and voluntary consent to engage in physical or sexual activity; (vi) skills to recognize and prevent dating violence; and (vii) age-appropriate information about: (1) gender identity and sexual orientation for all students, including affirmative education that people have different sexual orientations, gender identities and gender expressions; and (2) resources and support services for all students, including, but not limited to, lesbian, gay, bisexual, transgender, intersex, agender, queer and questioning students. Sexual health education shall incorporate opportunities for students to analyze societal and media messages.
(d) Any city, town, regional school district, vocational school district or charter school that utilizes curricula consistent with the Massachusetts Comprehensive Health Curriculum Framework shall be in compliance with this section.
(e) The department shall promulgate rules to implement, administer and ensure compliance with this section.
(f) The department may determine minimum education and training qualifications for sexual health education instructors.
(g) Pursuant to section 1E of chapter 69, the board of elementary and secondary education shall review and update the Massachusetts Comprehensive Health Curriculum Framework, including provisions relative to sexual health education consistent with this section, not less than once every 10 years.
SECTION 3. The board of elementary and secondary education shall begin to review and update the Massachusetts Comprehensive Health Curriculum Framework pursuant to subsection (g) of section 32B of chapter 71 of the General Laws upon the effective date of this act.
SECTION 4. This act shall take effect for the academic year immediately following its passage.
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An Act to prevent discrimination in interscholastic athletic and extracurricular activities
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S269
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SD1573
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T12:18:51.04'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T12:18:51.04'}]
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 269) of Ryan C. Fattman for legislation to prevent discrimination in interscholastic athletic and extracurricular activities. Education.
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Chapter 71B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 16 the following section:-
Section 17. Notwithstanding any general or special law to the contrary, any school age child with a disability shall not be precluded from participating in any school-sponsored interscholastic athletic or extracurricular activity.
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An Act to protect private electronic communication, browsing and other activity
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S27
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SD1217
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-18T18:39:45.333'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-18T18:39:45.3333333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T14:26:41.6933333'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 27) of James B. Eldridge and Jason M. Lewis for legislation to protect private electronic communication, browsing and other activity. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. Chapter 276 of the General Laws, as appearing in the 2020 official edition, is hereby amended by striking Section 1B and inserting in its place the following new sections:-
Section 1B. (a) As used in this section, the following words shall have the following meanings:
''Adverse result'', the following situations:
(i) danger to the life or physical safety of an individual;
(ii) a flight from prosecution;
(iii) the destruction of or tampering with evidence;
(iv) the intimidation of a potential witness or witnesses; or
(vi) serious jeopardy to an investigation or undue delay of a trial.
“Electronic communication,” the transfer of signs, signals, writings, images, sounds, or data of any nature in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system. This term does not include wire and oral communications as defined in section 99 or chapter 272.
“Electronic communication information”, any information pertaining to an electronic communication or the use of an electronic communication service, including, but not limited to the content of electronic communications, metadata, sender, recipients, format, or location of the sender or recipients at any point during the communication, the time or date the communication was created, sent, or received, or any information pertaining to any individual or device participating in the communication. Electronic communication information does not include subscriber information as defined in this section.
''Electronic communication services,” a service that provides to its subscribers or users the ability to send or receive electronic communications, including any service that acts as an intermediary in the transmission of electronic communications, or stores electronic communication information. This definition shall not apply to corporations that do not provide electronic communication services to the general public.
“Electronic device” or “device”, any device that stores, generates, or transmits information in electronic form and that enables access to, or use of, an electronic communication service, remote computing service, or location information service.
“Electronic device information”, electronic communication information and location information stored in a device.
“Electronic information”, electronic communication information and location information stored by a service provider on behalf of a subscriber or user of an electronic communication service, location information service, or remote computing service.
''Foreign corporation'', any corporation or other entity that makes a contract or engages in a terms of service agreement with a resident of the commonwealth to be performed in whole or in part by either party in the commonwealth. The making of the contract or terms of service agreement shall be considered to be the agreement of the foreign corporation that a search warrant which has been properly served on it has the same legal force and effect as if served personally within the commonwealth.
“Location information”, information derived from a device or from interactions between devices, with or without the knowledge of the user and regardless of the technological method used, that pertains to or directly or indirectly reveals the present or past geographical location of an individual or device within the Commonwealth of Massachusetts.
“Location information service”, a service that generates location information or is otherwise used to provide location information to the user or subscribed or the service. This term includes global positioning system services and other mapping, locational, or directional information services.
''Massachusetts corporation'', any corporation or other entity that is subject to chapter 155 or chapter 156B.
“Metadata”, information, other than communications content, which is necessary to or associated with the provision of electronic communication services, remote computing services, or location information services, including but not limited to information about the source or destination of electronic communications, date and time of electronic communications, delivery instructions, account information, internet protocol address, quantum of data, data or file type, or data tags.
''Properly served'', delivery of a search warrant by hand, by United States mail, by commercial delivery service, by facsimile or by any other manner to any officer of a corporation or its general manager in the commonwealth, to any natural person designated by it as agent for the service of process, or if such corporation has designated a corporate agent, to any person named in the latest certificate filed pursuant to section 15.03 of chapter 156D.
''Remote computing service'', the provision of remote computer processing services or remote computer storage of digital assets. This definition shall not apply to corporations that do not provide those services to the general public.
“Service provider”, a person or entity offering electronic communication services, location information services, or remote computing services.
“Subscriber information”, the name, street address, telephone number, email address, or similar contact information provided by the subscriber to a service provider to establish or maintain an account or communication channel, a subscriber or account number or identifier, the length of service, and the types of services used by a user of or subscriber to a service provider.
(b) Except pursuant to a warrant issued by a justice of the superior court or acting in accordance with a legally recognized exception under subsection (k), it shall be unlawful for a government office, law enforcement agency as defined in section 1 of chapter 6E, or public official to
(i) obtain or access electronic information or subscriber information from a service provider
(ii) access electronic device information from the electronic device, whether by physical or electronic means.
(c) A justice of the superior court may issue a search warrant upon a sworn application by the applicant showing there is probable cause to believe that:-
(i) particular identified records or information are in the actual or constructive custody of the Massachusetts or foreign corporation acting as a service provider; and
(ii) such records or information constitute evidence of or the means or instrumentalities of the commission of a specified criminal offense under the laws of the commonwealth.
(d) Search warrants issued under this section shall:-
(i) designate the person, corporation, or other entity, if any, in possession of the records or data sought;
(ii) describe, with particularity, the information sought and to be provided;
(iii) be directed to the law enforcement officer or government making the application for the warrant and authorize them to properly serve the warrant upon the corporation and to take all other actions prescribed by this section; and
(iv) be issued in the form and manner prescribed in sections 2A½ and 2B, insofar as they are applicable.
(e) The following provisions shall apply to any search warrant issued under this section:-
(i) when properly served with a search warrant, a corporation subject to this section shall provide all records sought pursuant to that warrant within 14 days of receipt, including those records maintained or located outside the commonwealth;
(ii) if the applicant makes a showing and the court finds that failure to produce records within less than 14 days would cause an adverse result, a warrant may require production of records within less than 14 days;
(iii) a court may reasonably extend the time required for production of the records upon finding that the corporation has shown good cause for that extension and that an extension of time would not cause an adverse result;
(iv) a corporation seeking to quash a warrant served on it pursuant to this section shall seek relief from the court that issued the warrant within the time required for production of records pursuant to this section. The court shall hear and decide such motion not later than 14 days after the motion is filed; and
(v) the corporation shall verify the authenticity of records that it produces by providing an affidavit from the person in custody of those records certifying that they are true and complete.
(f) A Massachusetts corporation that provides electronic communication services, remote computing services, or location information services, when served with a warrant or subpoena issued by another state to produce records that would reveal the identity of the customers using those services, data stored by, or on behalf of the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, shall produce those records as if that warrant or subpoena had been issued under the law of the commonwealth.
(g) No claim shall lie against any foreign or Massachusetts corporation subject to this section, its officers, employees, agents, or other persons for providing records, information, facilities, or assistance in accordance with the terms of a search warrant issued pursuant to this section.
(h) Not later than 7 days after information is obtained by a law enforcement officer or government office pursuant to a warrant under this section, that officer or office shall serve upon, or deliver by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective as specified by the court issuing the warrant, to the individual to whom the information pertains to, a copy of the warrant, a copy of the application for the warrant and notice that informs them of the following:-
(i) the nature of the law enforcement inquiry with reasonable specificity;
(ii) in the case of electronic information, that such information was requested by or supplied to that government office or public official, a description of the information, and the dates on which the request was made and on which the information was supplied;
(iv) whether notification of the customer, subscriber, or user was delayed under subsection (i); and
(v) which court made the certification or determination under which that delay was made, if applicable.
(i) A government office, law enforcement agency, or public official may include in its application for a warrant a request for an order delaying the notification required under subsection (h) for a period not to exceed 90 days, and the court may issue the order if it determines there is reason to believe that notification of the existence of the warrant may have an adverse result. Upon expiration of any period of delay granted under this subsection, the government office, law enforcement agency as defined in section 1 of chapter 6E, or public official shall provide the customer or subscriber a copy of the warrant together with notice required under, and by the means described in, subsection (h).
(j) A government office, law enforcement agency as defined in section 1 of chapter 6E, or public official may include in its application for a warrant a request for an order directing a corporation or other entity to which a warrant is directed not to notify any other person of the existence of the warrant for a period of not more than 90 days, and the court may issue the order if the court determines that there is reason to believe that notification of the existence of the warrant will have an adverse result.
The court may, upon application, grant one or more extensions of orders delaying notification for an additional 90 days if the court determines that there is reason to believe that notification of the existence of the warrant will have an adverse result.
(k) Notwithstanding any general or special law to the contrary, a government office, law enforcement agency as defined in section 1 of chapter 6E, or public official may obtain or access the categories of information mentioned in subsection (b):-
(i) with the specific contemporaneous written consent of the individual to whom the information pertains as the owner or authorized user of the device or as user or subscriber of the remote computing services, electronic communications services, or location information services;
(ii) with the specific contemporaneous written consent of the recipient of an electronic communication.
(iii) in order to respond to a call for emergency services; or
(iii) in response to an emergency involving immediate danger of death or serious physical injury to any person requires obtaining without delay information relating to the emergency; provided, however, that the request is narrowly tailored to address the emergency and subject to the following limitations:-
(a) the request shall document the factual basis for believing that an emergency involving immediate danger of death or serious physical injury to a person requires obtaining without delay of the information relating to the emergency; and
(b) not later than 48 hours after the government office obtains access to records, it shall file with the appropriate court a signed, sworn statement of a supervisory official of a rank designated by the head of the office setting forth the grounds for the emergency access.
(iv) in case of electronic device information, if the government office, law enforcement agency, or public official, in good faith, believes the device to be lost, stolen, or abandoned; provided, however, that the entity shall only access electronic device information in order to attempt to identify, verify, or contact the owner or authorized possessor of the device.
(l) Within five business days after issuing or denying a warrant, the court shall report to the office of court management within the trial court the following information:-
(i) the name of the agency making the application;
(ii) the offense specified in the warrant or application therefore;
(iii) the nature of the information sought;
(iv) if the warrant application sought authorization to obtain or access information from a corporation or other entity, the name of that entity;
(v) whether the warrant was granted as applied for, was modified, or was denied;
(vi) the period of disclosures or access authorized by the warrant;
(vii) the number and duration of any extensions of the warrant; and
(viii) any order directing delayed notification of the warrant’s existence.
In June of each year, the court administrator in the office of court management within the trial court shall transmit to the legislature a full and complete report concerning the number of applications for warrants authorizing or requiring the disclosure of or access to information under this section. The reports shall include a summary and analysis of the data required to be filed with that office. The reports shall be filed with the offices of the clerk of the house and the senate and shall be public records. The court administrator in the office of court management within the trial court shall issue guidance regarding the form of the reports.
(m) The requirements of this section shall apply to all state and local law enforcement officers operating in the commonwealth, whether said officers are assigned to state and local law enforcement operations exclusively, or to a joint task force or other collaborative operations with federal law enforcement agencies.
Section 1C. (a) As used in this section, the following words shall have the following meanings:
“Reverse-keyword court order, any court order, including a search warrant or subpoena, compelling the disclosure of records or information identifying any unnamed persons, by name or other unique identifiers, who electronically searched for particular words, phrases, or websites, or who visited a particular website through a link generated by such a search, regardless of whether the order is limited to a specific geographic area or time frame.
“Reverse-keyword request”, any request, in the absence of a court order, by any government entity for the voluntary provision of records or information identifying any unnamed persons, by name or other unique identifiers, who electronically searched for particular words, phrases, or websites, or who visited a particular website through a link generated by such a search, regardless of whether or not the request is limited to a specific geographic area or time frame. Such requests shall include offers to purchase such records or information.
“Reverse-location court order”, any court order, including a search warrant or subpoena, compelling the disclosure of records or information pertaining to the location of previously unidentified electronic devices or their unnamed users or owners and whose scope extends to an unknown number of electronic devices present in a specified geographic area at a specified time, irrespective of whether such location is identified via global positioning system coordinates, cell tower connectivity, wi-fi positioning, or any other form of location detection.
“Reverse-location request”, any request, in the absence of a court order, by any government entity for the voluntary provision of records or information pertaining to the location of unidentified electronic devices or their unnamed users or owners and whose scope extends to an unknown number of electronic devices present in a specified geographic area at a specified time, irrespective of whether such location is identified via global positioning system coordinates, cell tower connectivity, wi-fi positioning, or any other form of location detection. Such requests shall include offers to purchase such records or information.
''Subpoena'', a grand jury or trial subpoena issued in the course of a criminal proceeding or an administrative subpoena issued pursuant to section 17B of chapter 271.
(b) It shall be unlawful for a government office, law enforcement agency as defined in section 1 of chapter 6E, or public official to:-
(i) seek, from any court, a reverse-location court order or a reverse-keyword court order.
(ii) seek, secure, obtain, borrow, purchase, or review any information or data obtained through a reverse-location court order or a reverse-keyword court order.
(c) No court subject to the laws of the commonwealth shall issue a reverse-location court order or a reverse-keyword court order.
(d) No person or entity in the commonwealth, as a result of any law, regulation, or agreement adopted by the commonwealth or any political subdivision thereof, shall be obligated to comply with a reverse-location court order or a reverse-keyword court order issued by the commonwealth or a political subdivision thereof.
(e) It shall be unlawful for a government office, law enforcement agency, or public official to:-
(i) make a reverse-location request or a reverse-keyword request;
(ii) seek, secure, obtain, borrow, purchase, or review any information or data obtained through a reverse-location request or a reverse-keyword request.
(iii) seek the assistance of any agency of the federal government or any agency of the government of another state or subdivision thereof in obtaining information or data from a reverse-location court order, reverse-keyword court order, reverse-location request, or reverse-keyword request if the government entity would be barred from directly seeking such information under this section.
(f) For the purposes of this section, a record, information, or evidence is “derived from” a reverse-location court order, reverse-keyword court order, reverse-location request, or reverse-keyword request where the government entity would not have originally possessed the information or evidence but for the violative court order or request, and regardless of any claim that the record, information, or evidence is attenuated from the unlawful order or request, would inevitably have been discovered, or was subsequently reobtained through other means.
Section 1D. (a) As used in this section, the following words shall have the following meanings:
"Cell site simulator device", any device that functions as or simulates a base station for commercial mobile services or private mobile services in order to identify, locate, or intercept transmissions from cellular devices for purposes other than providing ordinary commercial mobile services or private mobile services.
(b) It shall be unlawful for a government office, law enforcement agency, or public official to use a cell site simulator device for any purpose other than to locate or track the location of a specific electronic device, pursuant to a warrant consistent with subsection (d), or if exigent circumstances exist requiring swift action to prevent imminent danger to the safety of an individual or the public.
(c) Any warrant application seeking to intercept the substance of a wire or oral communication from an electronic device may only be granted pursuant to section 99 of chapter 272.(d) An application for a warrant to use a cell site simulator device must include:
(i) a statement of facts establishing probable cause to believe that the use of a cell site simulator will aid in the apprehension of a person who the applicant has probable cause to believe has committed, is committing, or is about to commit a felony; and
(ii) sufficient facts demonstrating that less invasive methods of investigation or surveillance to the privacy of non-targeted parties have been tried and failed or reasonably unlikely to succeed if tried; and
(iii) a description of the nature and capabilities of the cell site simulator device that will be used and the manner and method of its deployment, including whether the cell site simulator device will obtain data from non-target communications devices; and
(iv) a description of the procedures that will be followed to protect the privacy of non-targets during the investigation, including the deletion of data obtained from non-target communication devices.
(v) the name of the government agency that owns the cell site simulator device.
(e) All non-target data must be deleted immediately upon collection, but no later than once every 24 hours.
(f) All target data must be deleted within thirty days if there is no longer probable cause to support the belief that such information or metadata is evidence of a crime.
(g) The warrant shall permit the use of a cell site simulator for a period not to exceed fifteen days. Any time prior to the expiration of a warrant, the applicant may apply to the issuing judge for a renewal thereof with respect to the same electronic device, person, and location of surveillance. An application for renewal must incorporate the warrant sought to be renewed together with the application and any accompanying papers upon which it was issued. The application for renewal must set forth the results of the investigation thus far conducted, as well as present grounds for extension in conformity with subsection (d). Upon such application, the judge may issue an order renewing the warrant and extending the authorization for a period not exceeding fifteen days.
(h) For the purposes of this section, a record, information, or evidence is “derived from” unauthorized use of a cell site simulator where the government entity would not have originally possessed the information or evidence but for the violative court order or request, and regardless of any claim that the record, information, or evidence is attenuated from the unlawful order or request, would inevitably have been discovered, or was subsequently re-obtained through other means.
Section 1E. (a) Any individual whose information was obtained by a government entity in violation of sections 1B, 1C, and 1D shall be notified of the violation, in writing, by the government office, law enforcement agency, or public official who committed the violation and of the legal recourse available to that person pursuant to this section.
(b) Except in a judicial, administrative or legislative trial, hearing, or other proceeding alleging a violation of sections 1B, 1C, and 1D, no information acquired in violation of said sections, and no evidence derived therefrom, may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the commonwealth, or a political subdivision thereof.
(c) Any individual alleging harm caused by a violation of sections 1B, 1C, and 1D may bring a civil action against the government office, law enforcement agency, or public official who violated those sections in the Superior Court or any court of competent jurisdiction. Venue in the Superior Court shall be proper in the county in which the plaintiff resides or was located at the time of the violation.
(d) An individual protected by this section shall not be required, as a condition of service or otherwise, to file an administrative complaint with the attorney general or to accept mandatory arbitration of a claim arising under this chapter. Chapter 258 shall not apply to a claim brought under this section.
(e) In a civil action in which the plaintiff prevails, the court may award actual damages, including damages for emotional distress, of one thousand dollars per violation or actual damages, whichever is greater, (punitive damages; and any other relief, including but not limited to injunctive or declaratory relief, that the court deems to be appropriate. In addition to any relief awarded, the court shall award reasonable attorney’s fees and costs to any prevailing plaintiff.
(i) In assessing the amount of punitive damages, the court shall consider:-
(a) The number of people whose information was disclosed;
(b) Whether the violation directly or indirectly targeted persons engaged in the exercise of activities protected by the Constitution of the United States of America or the Massachusetts Declaration of Rights, and
(c) The persistence of violations by the government office, law enforcement agency, or public official.
(f) Non-waivable rights. Any provision of a contract or agreement of any kind, including a private corporation terms of service or policies, that purports to waive or limit in any way an individual’s rights under this section, including but not limited to any right to a remedy or means of enforcement, shall be deemed contrary to state law and shall be void and unenforceable.
(g) No private or government action brought pursuant to this chapter shall preclude any other action under this chapter.
SECTION 2. Chapter 276 is hereby amended by inserting after section 2A the following section:-
Section 2A½. (a) A warrant issued pursuant to section 1B for records or data from a corporation providing electronic communication services, remote computing services, or location information services shall be in substantially the following form:-
THE COMMONWEALTH OF MASSACHUSETTS.
(COUNTY), ss. (NAME) COURT.
To the Sheriffs of our several counties, or their deputies, any State Police Officer, or a Police Officer of any city or town in the Commonwealth.
Proof by affidavit having been made this day before (name and office of person authorized to issue warrant) by (names of person or persons whose affidavits have been taken) that there is probable cause for believing that certain records or data are in the in the possession of (identify corporation or other entity) and that those records or data constitute evidence of or the means or instrumentalities of the commission of (specified criminal offense under the laws of the commonwealth).
We therefore authorize you to present this warrant to (identify corporation or other entity), which warrant shall operate as an order for immediate disclosure of the following records or data:
(description of particular records or data), and if any such records or data are disclosed to bring it before (court having jurisdiction) at (name of court and location).
Dated at (city or town) this __________ day of __________, (insert year).
Justice of the Superior Court
(b) A warrant issued pursuant to section 1D authorizing the use of a cell site simulator device shall be in substantially the following form:
THE COMMONWEALTH OF MASSACHUSETTS.
(COUNTY), ss. (NAME) COURT.
To the Sheriff, or their deputy, State Police Officer, or municipal Police Officer who has made this complaint on oath.
Proof by affidavit having been made this day before (name and office of person authorized to issue warrant) by (names of person or persons whose affidavits have been taken) that there is probable cause for believing that the use of a cell site simulator device will lead to evidence of or the means or instrumentalities of the commission of (specified criminal offense under the laws of the commonwealth) or the location of a person whom there is probable cause to believe has committed, is committing, or is about to commit (specified criminal offense under the laws of the commonwealth).
We therefore authorize you to obtain or access by means of a cell site simulator device, the following records or data:
(description of particular records or data), and if any such records or data are disclosed to bring it before (court having jurisdiction) at (name of court and location).
Dated at (city or town) this __________ day of __________, (insert year).
Justice of the Superior Court
SECTION 3. Section 2B of said chapter 276 is hereby amended by striking clauses 3 and 4 of the model affidavit and inserting in place thereof the following:-
3. Based upon the foregoing reliable information (and upon my personal knowledge) there is probable cause to believe that the property, records or data hereinafter described (has been stolen, or is being concealed, or constitutes evidence of a particular offense, etc.) and may be found (in the possession of A. B. or any other person or corporation) at premises (identify).
4. The (property, records, or data) for which I seek issuance of a search warrant is the following: (here describe the property, records, or data as particularly as possible).
SECTION 4. Section 7 of chapter 78 of the General Laws is hereby amended by striking the third sentence.
SECTION 5. Said chapter 78 is hereby amended by inserting after section 7 the following section:-
Section 7A.
(a) For the purposes of this section, “library user private data” shall mean that part of the records of a public library which reveals the identity and intellectual pursuits of a person using such library.
(b) Library user private data shall not be a public record as defined by clause Twenty-sixth of section seven of chapter four.
(c) The rights contained within sections 1B, 1C and 1E of chapter 276 shall apply to a library user as if that person were in possession of their library user private data.
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An Act establishing funds to provide for increases in English language learners in school districts
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S270
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SD1575
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T12:24:17.653'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T12:24:17.6533333'}]
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 270) of Ryan C. Fattman for legislation to establish funds to provide for increases in English language learners in school districts. Education.
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SECTION 1. Chapter 71A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 13. (a) Subject to appropriation, for each fiscal year commencing with the fiscal year that this section is enacted, any school district that has experienced at least a 20-student increase over the prior fiscal year in the number of students who are classified as English learners shall receive an additional cost reimbursement from the Commonwealth for such English learners in the current fiscal year. This reimbursement shall be equal to the positive difference, if any, between: (i) the number of English learners on October 1 of the prior fiscal year and (ii) the number of English learners students for the current fiscal year as measured by the census of such students on October 1 of that fiscal year, an shall be in an amount for each such student equal to the amount of reimbursement provided for in Chapter 70 for an English learner for that school district.
(b) A school district eligible for additional cost reimbursement shall receive an advance allotment payment from the Commonwealth as calculated by subsection (a), no later than the close of the first monthly accounting period in such fiscal year. Said additional cost reimbursements shall be kept in a separate fund by the state treasurer and shall be disbursed by the state treasurer at the direction of the commissioner of the board of education to the school district. Reimbursement to a school district pursuant to this section shall be in addition to any other reimbursement or a grant pursuant to Title III of Public Law 107-110.
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An Act relative to carbon monoxide detectors in schools
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S271
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SD1577
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T12:40:46.437'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T12:40:46.4366667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-01T08:36:02.8033333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-19T13:15:08.6466667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-09-18T13:55:15.26'}]
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 271) of Ryan C. Fattman and Joseph D. McKenna for legislation relative to carbon monoxide detectors in schools. Education.
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SECTION 1. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 72. (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the School Carbon Monoxide Safety Trust Fund, to be expanded without prior appropriation, by the department of elementary and secondary education. The fund shall be credited any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund and any gifts, grants, private contributions, investment income earned on the assets of the fund and all other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The commissioner of elementary and secondary education or a designee, in consultation with the department of fire safety, shall administer the fund and make expenditures from the fund in the form of grants to public school districts for the installation of carbon monoxide detection systems as required under subsection (a½) of section 26F½ of chapter 148 and regulations promulgated by the board of fire prevention.
(b) Prior to receiving any monies from the fund, a school district shall submit a carbon monoxide detection system installation plan to the department of elementary and secondary education and the department of fire safety. The plan shall include, but not be limited to: (i) the method of installation of the carbon monoxide detection system for each school building in the district; (ii) the status of carbon monoxide detection systems previously installed in school buildings; and (iii) the cost, including labor costs, of installing carbon monoxide detection systems. The department of elementary and secondary education, in conjunction with the department of fire safety, shall: (A) review the plan and may request additional or supporting information within 90 days of receipt of the plan; and (B) provide each school district 60 days to submit any additional or supporting information requested. A plan shall be approved or rejected not later than 180 days after receipt of the plan.
(c) Not later than April 1 of each year, the department of elementary and secondary education, in conjunction with the department of fire safety, shall submit a report to the clerks of the house of representatives and the senate and the chairs of the house and senate committees on ways and means regarding the status of the fund including, but not limited to: (i) the amount of money in the fund; and (ii) a list of school districts that were awarded grants and the amount of the grants awarded.
SECTION 2. Section 26F½ of said chapter 148, as so appearing, is hereby amended by inserting after subsection (a) the following subsection:-
(a½) Each school building that provides public or private education for children in kindergarten through grade 12 that: (1) contains fossil-fuel burning equipment including, but not limited to, a furnace, boiler, water heater, fireplace or any other apparatus, appliance or device that burns fossil fuel; or (2) incorporates enclosed parking within its structure shall install carbon monoxide alarms under the regulations of the board of fire prevention.
SECTION 3. The state board of building regulations and standards shall adopt as a minimum standard the 2015 International Building Code requirement to install carbon monoxide detection systems in all new or substantially rehabilitated school buildings that provide education for children in kindergarten through grade 12.
SECTION 4. Notwithstanding subsection (a½) of section 26F½ of chapter 148 of the General Laws, the board of fire prevention shall allow the temporary use of battery-operated carbon monoxide alarms.
SECTION 5. Notwithstanding any general or special law to the contrary, not later than January 1, 2025 and without further appropriation, the state comptroller shall transfer $7,500,000 from the General Fund to the School Carbon Monoxide Safety Trust Fund established in section 27 of chapter 29 of the General Laws.
SECTION 6. Notwithstanding any general or special law to the contrary, not later than January 1, 2025 the department of elementary and secondary education, in consultation with the department of fire safety and the Massachusetts School Building Authority, shall develop best practices for the placement and installation of carbon monoxide detection systems in public school buildings as required by section 2 of this act; provided, however, that the best practices shall prioritize student and staff safety as well as cost economy.
SECTION 7. Section 4 is hereby repealed.
SECTION 8. Section 7 shall take effect on January 1, 2029.
SECTION 9. Unless otherwise provided, this act shall take effect on January 1, 2024.
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An Act relative to fair educational practices
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S272
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SD2364
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-20T15:25:14.253'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-20T15:25:14.2533333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-23T12:17:44.5633333'}]
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 272) of Ryan C. Fattman and Marcus S. Vaughn for legislation relative to fair educational practices. Education.
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SECTION 1. Section 1 of chapter 151C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end thereof after clause (e) the following words:- “(f) The term “special medical status” means the condition of an individual due to a disability as defined by the Americans with Disabilities Act or due to the reception or failure to receive any medical treatment whether preventative, curative or palliative.”
SECTION 2. Clause (a) of section 2 of chapter 151C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “admission” in line 4 the following words:- “or continued enrollment”.
SECTION 3. Said clause (a) of said section 2 of said chapter 151C, as so appearing, is hereby further amended by deleting the words “or national origin” in line 5 and inserting in place thereof the following words:- “, national origin or special medical status”.
SECTION 4. Clause (c) of said section 2 of said chapter 151C, as so appearing, is hereby amended by deleting the words “or national origin” in line 11 and inserting in place thereof the following words:- “, national origin or special medical status”.
SECTION 5. Said clause (c) said section 2 of said chapter 151C, as so appearing, is hereby further amended by inserting after the word “admission” in line 11 the following words:- “or continued enrollment”.
SECTION 6. Said clause (c) of said section 2 of said chapter 151C, as so appearing, is hereby further amended by deleting the words “applicants for admissions” in line 15 and inserting in place thereof the following words:- “such persons”.
SECTION 7. Clause (d) of said section 2 of said chapter 151C, as so appearing, is hereby amended by inserting after the words “admission to” in line 17 the following words:- “or continued enrollment in”.
SECTION 8. Said clause (d) of said section 2 of said chapter 151C, as so appearing, is hereby further amended by deleting the words “or national origin” in line 19 and inserting in place thereof the following words:- “, national origin or special medical status”.
SECTION 9. Said clause (d) of said section 2 of said chapter 151C, as so appearing, is hereby further amended by inserting after the words “admitted to” in line 20 the following words:- “or enrolled in”.
SECTION 10. Clause (e) of said section 2 of said chapter 151C, as so appearing, is hereby amended by inserting after the word “admission” in line 22 the following words:- “or continued enrollment”.
SECTION 11. Clause (g) of said section 2 of said chapter 151C, as so appearing, is hereby amended by deleting the words “or national origin” in line 43 and inserting in place thereof the following words:- “, national origin or special medical status”.
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An Act ensuring student representation, Aidan's Law
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S273
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SD1690
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T16:06:51.38'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T16:06:51.38'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-25T20:48:55.81'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T14:07:00.25'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 273) of Paul R. Feeney, Adam Scanlon and James B. Eldridge for legislation to ensure ensuring student representation, Aidan's Law. Education.
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Chapter 71 of the General Laws is hereby amended by striking out section 38M and inserting in place thereof the following section:-
Section 38M. School committees of cities, towns and regional school districts shall meet at least once every other month, during the months school is in session, with a student advisory committee to consist of five members to be composed of students elected by the student body of the high school or high schools in each city, town or regional school district.
The board of the trustees of a charter school, as defined in section 89, shall meet at least once every other month, during the months school is in session, with a student advisory committee to consist of five members to be composed of students elected by the student body of the charter school.
The members of such student advisory committees shall, by majority vote prior to the first day of June in each year elect from their number a chairperson who shall serve for a term of one year. Said chairperson shall be an ex-officio, nonvoting member of the school committee of the city, town or regional school district or as an ex-officio, nonvoting member of the board of the trustees of the charter school. Said ex-officio members shall have no right to attend executive sessions unless such right is expressly granted by the individual school committee or board of trustees. Said chairperson shall be subject to all school committee or board of trustee rules and regulations and shall serve without compensation.
A school committee of a city, town or regional school district or the board of trustees of a charter school may designate a student outreach coordinator for the purpose of ensuring the establishment of a student advisory committee and regularly informing the advisory committee of the school committee's or board of trustee’s agenda.
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An Act to improve access, opportunity, and capacity in Massachusetts vocational-technical education
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S274
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SD1697
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-17T14:18:42.48'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-17T14:18:42.48'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-25T20:49:05.39'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-20T15:02:51.2366667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-01T13:44:44.9733333'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-02-01T21:00:58.5866667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T14:48:36.8466667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-03T14:36:08.5366667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-06T11:03:59.8133333'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-02-06T16:29:48.4433333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-08T13:54:25.0066667'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-08T13:54:25.0066667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-08T16:13:47.7866667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-10T14:39:51.4366667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-10T14:39:51.4366667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-16T14:03:11.3033333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T14:03:11.3033333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-16T14:03:11.3033333'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-02-20T17:13:05.1733333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-01T15:51:49.1566667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-09T16:03:44.4733333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-13T15:48:28.4733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-16T16:38:34.7166667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-03-27T10:15:05.24'}, {'Id': 'NJO1', 'Name': 'Norman J. Orrall', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NJO1', 'ResponseDate': '2023-03-29T13:29:38.5066667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-04T13:38:11.8'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-26T13:31:41.78'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-25T10:14:35.3666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S274/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 274) of Paul R. Feeney, Jacob R. Oliveira, Adam Scanlon, Susan Williams Gifford and other members of the General Court for legislation to improve access, opportunity, and capacity in Massachusetts vocational-technical education. Education.
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SECTION 1. 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 2. 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 3. 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 4. 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 5. 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 6. 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 7. 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 relative to licensed care and financial resource information for parents of newborns
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S275
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SD1703
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T11:26:36.347'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-19T11:26:36.3466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S275/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 275) of Paul R. Feeney for legislation relative to licensed care and financial resource information for parents of newborns. Education.
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Chapter 15D of the General Laws is hereby amended by inserting after section 2 the following section:-
Section 2A. (a) Notwithstanding any general or special law to the contrary, the department, in consultation with the department of public health, shall develop a written early education and care informational pamphlet containing resources for parents of newborns including, but not limited to:
(i) information on the short and long-term developmental benefits of quality care and an early education curriculum;
(ii) information on the role of the department in licensing providers and facilities, conducting background record checks and the safety distinction between licensed providers and unlicensed care;
(iii) information on the availability of child care financial assistance for eligible families;
(iv) the contact information for each child care resource and referral agency; and
(v) the website for families to access an online directory, searchable by geographic location, of licensed child care programs across the commonwealth.
(b) The early education and care informational pamphlet shall be developed and made available by the department for publication, printing and distribution.
(c) The information shall be provided to the parents or guardians of all newborn infants in the commonwealth in the birthing hospital, birthing center or in the hospital from which the newborn infant is discharged to home.
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An Act relative to safety and violence education for students (the SAVE Students Act)
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S276
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SD1279
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T11:25:54.443'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T11:25:54.4433333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T09:24:32.9166667'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 276) of Barry R. Finegold and Vanna Howard for legislation relative to safety and violence education for students (the SAVE Students Act). Education.
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SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after section 16FF the following section:-
Section 16GG. (a) As used in this section the following words shall have the following meanings unless the context clearly requires otherwise:
“Program record”, any record, report, claim, document or information reported to the reporting program or information related to the identity of an individual making a report to the reporting program.
“Reporting program”, the statewide anonymous reporting program established pursuant to this section.
"School” shall include, but not be limited to, a school administered by a school department of a city or town or regional school district, a county agricultural school, a school offering approved vocational-technical education as defined under section 1 of chapter 74, a virtual school pursuant to section 94, a recovery high school pursuant to section 91, a commonwealth charter school or Horace Mann charter school established pursuant to section 89, an education collaborative established pursuant to section 4E of chapter 40 or an approved private day or residential school that accepts, through agreement with a school committee, a child requiring special education pursuant to section 10 of chapter 71B.
(b) The secretary of health and human services shall establish, administer and make available to all schools a statewide anonymous reporting program that shall allow any person to report anonymously about unsafe, harmful, dangerous, life-threatening, violent or unlawful activity that occurs or is threatened on school property or that relates to an enrolled student or school personnel. To fulfill the requirements of this section, the secretary shall operate or hire an organization to operate the reporting program; provided, however, that if the secretary hires an organization to operate the reporting program, the secretary shall be responsible for the continued administrative oversight of the reporting program and the reporting program shall provide for a means for the secretary to review information related to the operation of the program.
(c) The secretary of health and human services shall, in consultation with the executive office of public safety and security, the office of the attorney general, the department of elementary and secondary education and any other agencies the secretary deems necessary, promulgate regulations necessary for the administration of the reporting program and the implementation of this section, including, but not limited to, provisions to prevent disparate school discipline and law enforcement impacts on students in any protected class identified in any policy of the department, district or school or in federal or state law.
(d) At a minimum, the reporting program shall:
(i) be capable of receiving an anonymous report 24 hours per day and 7 days per week via: (A) a mobile phone application; (B) a website; and (C) a toll-free telephone number;
(ii) support a crisis center that operates 24 hours per day and 7 days per week with sufficient capacity to receive and promptly respond to submitted reports; provided, however, that such crisis center shall be staffed by individuals with evidence-based counseling and crisis intervention training; and provided further, that the crisis center shall be able to respond to reports in English, Spanish and other languages that the secretary deems necessary;
(iii) protect the anonymity of an individual making a report to the reporting program without compromising opportunities for follow-up contact; provided, however, that an individual making a report may voluntarily disclose their identity and verify that their identity may be shared with persons operating the reporting program, law enforcement officers and school officials; and provided further, that if the identity of an individual making a report becomes known through a means other than voluntary disclosure, the individual’s identity shall not be further disclosed;
(iv) establish methods and procedures, as determined by the secretary, for promptly forwarding information received by the reporting program to the appropriate school or human service provider as necessary; provided, however, that the reporting program may forward to the appropriate law enforcement agency information regarding a specific unlawful incident or a specific prospect of unlawful or life-threatening activity; and provided further, that the program shall establish specific procedures for urgently contacting the appropriate school, law enforcement agency, human service provider or other person when the reporting program receives information about activities that pose an immediate threat to the life of a student, school personnel or other person;
(v) establish procedures for gathering information necessary to determine the authenticity and validity of a received report and the severity of any reported threat;
(vi) support a coordinated response by schools and law enforcement to an identified crisis when response by both parties is to be reasonably expected;
(vii) promote public awareness and education about the reporting program and its reporting methods prior to its launch;
(viii) in consultation with the department of elementary and secondary education, make available program awareness and educational materials to schools, including an evidence-based student violence prevention training that teaches students: (A) how to identify observable warning signs and signals of an individual who may be a threat to themselves or others; (B) the importance of taking threats seriously and seeking help; and (C) how to report a threat using the reporting program; provided, however, that such a training shall last not less than 1 hour or a standard class period; and provided further, that such a training may be delivered in-person or digitally;
(ix) establish procedures for maintaining data on the number of reports received by type, including the number of received reports that relate to: (A) a planned school attack; (B) suicide; (C) self-harm; (D) bullying; and (E) any other type of report that the secretary deems necessary; provided, however, that when establishing such procedures, the secretary shall consider reporting categories used in other states’ anonymous reporting programs;
(x) implement a standardized procedure for tracking the outcome of reports; and
(xi) comply with the federal Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, and other relevant federal and state laws.
(e) For the purposes of administering the reporting program, the secretary of health and human services shall, in collaboration with the executive office of public safety and security, the department of elementary and secondary education and any other agency the secretary deems necessary, compile a database that includes the primary point of contact within each law enforcement agency and school.
(f) Each school shall:
(i) establish a school-based safety assessment team, comprised of not less than 3 staff members, to receive notice of any report submitted to the reporting program concerning the school, school personnel or an enrolled student;
(ii) submit to the secretary of health and human services a primary point of contact who shall be responsible for managing the safety assessment team; and
(iii) inform students about the reporting program.
(g) Annually, not later than August 1, the secretary of health and human services shall make an anonymized overview of the reporting program’s activities over the previous fiscal year publicly available on its website. The secretary shall also submit the overview to the clerks of the senate and house of representatives and the joint committee on education. The overview shall include, at a minimum:
(i) the total number of reports received over the previous fiscal year and over the course of the reporting program’s entire history; provided, however, that such total numbers shall be disaggregated by: (A) type; (B) school district; (C) method by which the report was received; and (D) whether the report was a false report;
(ii) anonymized examples of reports that the reporting program received and to which it responded;
(iii) the total cost to operate the reporting program over the previous fiscal year, itemizing staffing costs, administrative costs and support costs;
(iv) the source of all funds deposited in the Statewide Anonymous Reporting Program Trust Fund pursuant to section 2AAAAAA of chapter 29 of the General Laws;
(v) the most frequent times of the day for making reports; and
(vi) any other information that the secretary deems appropriate.
(h) Annually, not later than August 1, school districts shall submit reports to the executive office of health and human services and the department of elementary and secondary education, that shall include, at a minimum, the total number of responses to incoming tips received from the reporting program by the district, disaggregated by disciplinary actions, non-disciplinary actions and interventions, as well as the gender and race of the student subject to the disciplinary action or intervention; provided, however, that the report shall be subject to the requirements of chapter 66; and provided, further, that a district may submit the annual report as part of any other report the district submits to the department regarding disciplinary action.
(i) Any program record created or obtained through the implementation of the reporting program shall be confidential and a person shall only disclose such program record in accordance with the procedures established pursuant this section. Such a program record shall not be a public record and shall not be subject to the requirements of chapter 66.
(j) Except pursuant to a court order, a person implementing, operating or working for the reporting program shall not be compelled to produce a program record created or obtained through the implementation of the reporting program. The commonwealth or a criminal defendant may file a motion with the court for release of the program record. The motion shall be accompanied by an affidavit establishing why the program record should be produced.
(k) (1) A person age 21 and older who knowingly or intentionally makes a false report to the reporting program, including, but not limited to, a false report targeting a student in any protected class identified in any policy of the department of elementary and secondary education, district or school or in federal or state law shall be guilty of a misdemeanor.
(2) If a report filed with the reporting program is determined to be a false report, information about the subject of the false report shall be immediately removed from the subject student’s record, including records held by the district, school, law enforcement or any other entity involved in the reporting program, except as otherwise provided by law.
(l) Neither the secretary of health and human services nor the reporting program shall be held liable for the investigation of a report made to the reporting program following confirmation of receipt of the report by the appropriate school, law enforcement agency or other persons pursuant to clause (iv) of subsection (d).
(m) The training or lack of training required by this section shall not be construed to impose a specific duty of care, and no person shall have a cause of action for loss or damage caused by an act or omission resulting from the training or lack of training required by this section.
SECTION 2. Said chapter 6A of the General Laws is hereby further amended by inserting after section 18AA the following section:-
Section 18BB. Biennially, not later than October 1 every odd-numbered year, each local law enforcement agency shall submit to the secretary of health and human services a primary point of contact who shall be responsible for receiving notice of any report submitted to the reporting program that requires a law enforcement response from such agency.
SECTION 3. Chapter 29 of the General Laws is hereby amended by inserting after section 2AAAAAA the following section:-
Section 2BBBBBB. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Statewide Anonymous Reporting Program Trust Fund. The secretary of health and human services shall administer the fund to assist the operation of the reporting program established pursuant to section 16GG of chapter 6A. There shall be credited to the fund:
(i) revenue from appropriations and other money authorized by the general court and specifically designated to be credited to the fund;
(ii) funds from public and private sources such as gifts, grants and donations; and
(iii) interest earned on money in the fund.
Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
SECTION 4. Chapter 71 of the General Laws is hereby amended by inserting after section 99 the following section:-
Section 100. (a) As used in this section the following words shall have the following meanings unless the context clearly requires otherwise:
“Evidence-based”, a program or practice that:
(i) demonstrates a statistically significant effect on relevant outcomes based on: (A) strong evidence from at least 1 well-designed and well-implemented experimental study; (B) moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or (C) promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; or
(ii) (A) demonstrates a rationale based on high-quality research findings or positive evaluation that such program or practice is likely to improve relevant outcomes; and (B) includes ongoing efforts to examine the effects of the program or practice.
“School”, as defined in section 16GG of chapter 6A.
“Social inclusion”, a state in which all students are valued and feel that they have consistent opportunities to engage in meaningful activities and interactions with their friends, classmates and members of the community regardless of their identity.
“Social isolation”, a state in which a student engages in low relative frequencies of peer interactions and experiences or perceives low levels of peer acceptance or high levels of peer rejection, resulting in the student being frequently excluded from social interactions and relationships with friends, classmates and members of the community.
(b) The department shall develop a model safety assessment policy for schools serving students in grades 6 to 12, inclusive, that at a minimum:
(i) identifies the types of unsafe, harmful, dangerous, life-threatening, violent or unlawful behavior that may represent a physical threat to the school community;
(ii) identifies members within the school community to whom such behavior should be reported and the steps to be taken thereafter;
(iii) establishes, in consultation with the secretary of health and human services, guidelines for reporting such behavior to the statewide reporting program established in section 16GG of chapter 6A and for responding to a report received through the reporting program;
(iv) establishes guidelines for ensuring that, where a credible threat has been identified, the response is in conformance with any applicable school, district, state or federal disciplinary policy and that no disciplinary action is applied disproportionately to students in any protected class identified in any policy of the department, district or school or in federal or state law; and
(v) establishes procedures and protocols for coordinating with local law enforcement in the case of a specific unlawful incident or a specific prospect of unlawful or life-threatening activity.
The model policy shall take into account the requirements of section 363 of chapter 159 of the acts of 2000 and section 8A of chapter 69. The department shall make the model policy available to schools serving grades 6 to 12, inclusive. Schools may adopt the model policy.
(c) The department shall establish a list of evidence-based suicide awareness and prevention trainings, including, but not limited to, no-cost programming, that, at a minimum, teach students how to identify the signs and signals of depression, suicide and self-injury in themselves and peers; the importance of seeking help for themselves and peers; the process for seeking such help; and the steps students can take to report harmful or potentially harmful activity. The list of programs shall be made publicly available on the department’s website. The trainings may be delivered in-person or digitally.
(d) The department shall establish a list of evidence-based social inclusion trainings, including, but not limited to, no-cost programming, that, at a minimum, teach students what social isolation is and how to identify social isolation in others, the importance of taking social isolation seriously and seeking help for peers and how to use strategies to be more socially inclusive in the classroom and community and to establish connections with peers. The list of trainings shall be made publicly available on the department’s website. The trainings may be delivered in-person or digitally.
(e) Annually, not later than August 1, a school shall report to the department on whether it has provided students in grades 6 to 12, inclusive, training under subsection (c) or subsection (d), for a period of an hour or a standard class period, specifying the training that was provided during the preceding school year. The department shall make a list of schools that have provided training under said subsection (c) or subsection (d) during the preceding school year publicly available on its website.
SECTION 5. Section 1 shall take effect 12 months after the passage of this act.
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An Act to expand access to computer science coursework
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S277
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SD1294
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-18T19:31:07.573'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-18T19:31:07.5733333'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 277) of Barry R. Finegold for legislation to expand access to computer science coursework. Education.
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SECTION 1. Chapter 71 of the General Laws is amended by inserting after section 99 the following section:-
Section 100. Computer Science Education
(a) Every public high school in the commonwealth shall offer at least one foundational computer science course and ensure that every student has the capacity to access such course within a four-year course of study.
(b) A foundational computer science course offered pursuant to this section shall include rigorous mathematical or scientific concepts and be consistent with standards adopted by the board of elementary and secondary education.
SECTION 2. Section 1 shall take effect for the school year beginning after July 1, 2025.
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An Act establishing a special commission to study the effectiveness of the Massachusetts School Building Authority
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S278
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SD1428
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T18:06:43.62'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T18:06:43.62'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-19T18:57:58.0633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T11:47:23.58'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-05-08T16:45:15.2433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S278/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 278) of Barry R. Finegold, Adam Scanlon and James B. Eldridge for legislation to establish a special commission to study the effectiveness of the Massachusetts School Building Authority. Education.
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(a) There shall be a special commission to study and make recommendations regarding: (i) the capacity of the Massachusetts School Building Authority program to meet current and future school facilities needs in the commonwealth; and (ii) the equity of the grant funding formula to ensure that all communities can participate in the program.
(b) The commission shall consist of: 2 members appointed by the senate president, 1 of whom shall be the senate chair of the joint committee on education, and 1 of whom shall serve as co-chair of the commission; 2 members appointed by the speaker of the house of representatives, 1 of whom shall be the house chair of the joint committee on education, and 1 of whom shall serve as co-chair of the commission; 1 member appointed by the minority leader of the senate; 1 member appointed by the minority leader of the house of representatives; the secretary of education or a designee; the commissioner of elementary and secondary education or a designee; the executive director of the Massachusetts School Building Authority or a designee; 2 members appointed by the governor, 1 of whom shall be a representative of a gateway city with knowledge of municipal finance, and 1 of whom shall be an individual with demonstrated expertise in the design and construction of cost-effective school buildings; 2 members appointed by the state treasurer and receiver general, 1 of whom shall be an individual with demonstrated expertise in the design and construction of green buildings, and 1 of whom shall be an individual with demonstrated expertise in public health and indoor environmental quality in school buildings; and 1 person appointed from each of the following organizations: the Massachusetts Association of School Superintendents, Inc.; the Massachusetts Association of School Committees, Inc.; the Massachusetts Association of Vocational Administrators, Inc.; the Massachusetts Chapter of the American Institute of Architects; the Massachusetts Facilities Administrators Association; the Massachusetts Teachers Association; the American Federation of Teachers, Massachusetts; and the Massachusetts Building Trades Council.
(c) The commission shall investigate and make recommendations on: (i) the current and future need to renovate and rebuild school facilities in the commonwealth and the availability of adequate state and local resources to do so; (ii) the MSBA's existing grant formula and potential modifications to the formula to ensure fairness and equity for all communities; (iii) the alignment of the MSBA's construction cost reimbursement rate relative to the actual cost of construction and other MSBA policies that impact eligible project costs for reimbursement; (iv) incentive percentage points, including, but not limited to, how incentive percentage points are calculated for municipalities that qualify for 80 per cent reimbursement; (v) reimbursement policies for regional technical and vocational schools and how to ensure affordability for all member communities; (vi) reimbursement policies to help the commonwealth achieve its environmental and greenhouse gas emissions reductions goals; (vii) reimbursement policies that support healthy school facilities for students and staff; (viii) whether the MSBA may spend money on equipment or if it is limited to funding for education structures; (ix) whether the MSBA should add incentives for approved chapter 74 educational spaces in programs that align to labor market demand; and (x) any other pertinent issues that relate to ensuring that all students in the commonwealth can attend school in high quality, accessible, safe, healthy, and green school buildings.
(d) The Massachusetts School Building Authority and other state agencies shall make available to the commission in a timely manner any documents, data, and other materials that may be reasonably requested by the commission.
(e) The commission shall submit a report of its findings and recommendations to the clerks of the senate and house of representatives, the joint committee on education and the senate and house committees on ways and means not later than December 1, 2023.
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An Act improving students' access to life saving treatments
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S279
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SD1433
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T18:58:34.783'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-17T18:58:34.7833333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T09:24:25.4333333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T16:56:02.1133333'}]
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 279) of Barry R. Finegold, Vanna Howard and Jack Patrick Lewis for legislation relative to the administration of diabetes medication. Education.
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SECTION 1. Section 54B of chapter 71 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-
Notwithstanding any general or special laws to the contrary, the department of public health shall promulgate regulations for the emergency administration of glucagon, in accordance with the student's Diabetes Medical Management Plan or health provider's orders, to allow for the administration of glucagon by trained members of the school staff when a nurse is not available and the student exhibits symptoms of severe hypoglycemia; provided, however, that the parent or legal guardian of the student has submitted in writing permission for such emergency treatment to be rendered; provided, further, that a member of the school staff who, in good faith, administers glucagon to a student who exhibits symptoms of severe hypoglycemia shall not be held liable, except in cases of gross negligence or intentional misconduct, in a suit for damages as a result of his or her acts or omissions, nor shall such person be subject to any disciplinary action for such emergency aid; provided, further, that a trained member of the school staff who is not a nurse and administers glucagon shall not be considered to be practicing nursing; and provided, further, that the member of the school staff trained to administer glucagon shall volunteer to be trained.
SECTION 2. Within 180 days of the enactment, the department of public health shall, pursuant to section 54B of chapter 71 of the General Laws, as amended by section 1 of this act, promulgate regulations for the emergency administration of any form of glucagon to allow for the administration of glucagon by trained members of the school staff when a nurse is not available and the student exhibits symptoms of severe hypoglycemia.
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An Act to ensure a free and open internet in the commonwealth
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S28
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SD2028
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T12:01:07.447'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T12:01:07.4466667'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 28) of James B. Eldridge for legislation to ensure a free and open internet in the commonwealth. Advanced Information Technology, the Internet and Cybersecurity.
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SECTION 1. This act shall be known and may be cited as the “Internet Freedom Act.”
SECTION 2. Section 6A of chapter 25C of the General Laws is hereby repealed.
SECTION 3. Chapter 25C of the General Laws is hereby amended by inserting after section 8 the following 2 sections:-
Section 9. Protecting consumers from blocking, throttling, or paid prioritization in the provision of internet service.
(a) For the purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise.
“Application-agnostic”, not differentiating on the basis of source, destination, Internet content, application, service or device or class of Internet content, application, service or device.
“Broadband internet access service”, a mass market retail service by wire or radio provided to customers in the commonwealth that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access; any service provided to customers in the commonwealth that the department finds to be providing a functional equivalent of the service described in the previous sentence, or that is used to evade the obligations set forth in this section.
“Class of content, application, service or device”, Internet content or a group of Internet applications, services or devices, sharing a common characteristic, including, but not limited to, sharing the same source or destination, belonging to the same type of content, application, service or device, using the same application- or transport-layer protocol or having similar technical characteristics, including, but not limited to, the size, sequencing or timing of packets, or sensitivity to delay.
“Consumer” or “end user”, an individual or entity that uses a broadband internet access service.
“Content, applications, or services”, all Internet traffic transmitted to or from end users of a broadband Internet access service, including, but not limited to, traffic that may not fit clearly into any of these categories.
“Edge provider”, an individual or entity that provides content, application, or service over the Internet, and an individual or entity that provides a device used for accessing content, application or service over the Internet.
“Enterprise service”, an offering to larger organizations through customized or individually negotiated arrangements or special access services.
“Fixed broadband Internet access service”, a broadband Internet access service that serves end users primarily at fixed endpoints using stationary equipment. Fixed broadband Internet access service includes, but is not limited to, fixed wireless services including, but not limited to, fixed unlicensed wireless services, and fixed satellite services.
“Fixed Internet service provider” means a business that provides fixed broadband Internet access service to an individual, corporation, government or other customer in the Commonwealth.
“Impairing or degrading lawful Internet traffic on the basis of Internet content, application or service, or use of a nonharmful device”, impairing or degrading any of the following: (1) particular content, applications or services; (2) particular classes of content, applications or services; (3) lawful Internet traffic to particular nonharmful devices; or (4) lawful Internet traffic to particular classes of nonharmful devices. The term includes, without limitation, differentiating, positively or negatively, between any of the following: (1) particular content, applications or services; (2) particular classes of content, applications or services; (3) lawful Internet traffic to particular nonharmful devices; or (4) lawful Internet traffic to particular classes of nonharmful devices.
“Internet service provider” or “ISP”, a business that provides broadband Internet access service to an individual, corporation, government or other customer in the commonwealth.
“ISP traffic exchange agreement”, an agreement between an Internet service provider and another individual or entity, including, but not limited to an edge provider, content delivery network or other network operator, to exchange Internet traffic destined for, or originating from, an Internet service provider’s end users between the Internet service provider’s network and the other individual or entity.
“ISP traffic exchange”, the exchange of internet traffic destined for or originating from an Internet service provider’s end users between the internet service provider’s network and another person or entity, including, but not limited to, an edge provider, content delivery network or other network operator.
“Mass market”, a service that sells large quantities of goods on a standardized basis to residential customers, small businesses, and other customers, including, but not limited to, schools, institutions of higher learning, and libraries. “Mass market” services also include broadband Internet access services purchased with support of the E-rate and Rural Health Care programs and similar programs at the federal and state level, regardless of whether they are customized or individually negotiated, as well as any broadband Internet access service offered using networks supported by the Connect America Fund or similar programs at the federal and state level. “Mass market” service does not include enterprise service.
“Mobile broadband Internet access service”, a broadband Internet access service that serves end users primarily using mobile stations. Mobile broadband Internet access service includes, but is not limited to, broadband Internet access services that use smartphones or mobile-network-enabled tablets as the primary endpoints for connection to the Internet, as well as mobile satellite broadband services.
“Mobile Internet service provider”, a business that provides mobile broadband Internet access service to an individual, corporation, government or other customer in the Commonwealth.
“Mobile station”, a radio communication station capable of being moved and which ordinarily does move.
"Paid prioritization", the management of a broadband provider’s network to directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either: in exchange for consideration, monetary or otherwise, from a third party; or to benefit an affiliated entity.
“Reasonable network management”, a network management practice that is reasonable. A network management practice is a practice that has a primarily technical network management justification, but does not include other business practices. A network management practice is reasonable if it is primarily used for and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband internet access service, and is as application-agnostic as possible.
“Zero-rating”, exempting some internet traffic from a consumer’s data usage allowance.
(b) It shall be unlawful for a fixed Internet service provider, insofar as the provider is engaged in providing fixed broadband Internet access service, and it shall be unlawful for a mobile Internet service provider, insofar as the provider is engaged in providing mobile broadband Internet access service, to engage in these activities:
(1) block lawful content, applications, or services, or nonharmful devices subject to reasonable network management;
(2) impair or degrade lawful traffic based on content, application or service, or use of a nonharmful device, subject to reasonable network management;
(3) require consideration, monetary or otherwise, from an edge provider, including, but not limited to, in exchange for any of the following:
(i) delivering Internet traffic to, and carrying Internet traffic from, the Internet service provider’s end users.
(ii) avoiding having the edge provider’s content, application, service, or nonharmful device blocked from reaching the Internet service provider’s end users.
(iii) avoiding having the edge provider’s content, application, service, or nonharmful device impaired or degraded.
(4) engage in paid prioritization;
(5) engage in practices with respect to, related to, or in connection with, ISP traffic exchange, including but not limited to agreements, that have the purpose or effect of circumventing or undermining the effectiveness of this section;
(6) engage in zero-rating in exchange for consideration, monetary or otherwise from a third party.
(7) zero-rate some Internet content, applications, services or devices in a category of Internet content, applications, services or devices, but not the entire category.
(c) A fixed Internet service provider, insofar as the provider is engaged in providing fixed broadband Internet access service, and a mobile Internet service provider, insofar as the provider is engaged in providing mobile broadband Internet access service, shall not unreasonably interfere with or unreasonably disadvantage (1) end users’ ability to select, access, and use broadband Internet access service or the lawful Internet content, applications, services, or devices of their choice, or (2) edge providers’ ability to make lawful content, applications, services, or devices available to end users. Reasonable network management shall not be considered a violation of this subsection. Zero-rating Internet traffic in application-agnostic ways shall not be a violation of this subsection provided that no consideration, monetary or otherwise, is provided by any third party in exchange for the Internet service provider’s decision whether to zero-rate traffic.
(d) A fixed Internet service provider, insofar as the provider is engaged in providing fixed broadband Internet access service, and a mobile Internet service provider, insofar as the provider is engaged in providing mobile broadband Internet access service, shall publicly disclose accurate and relevant information in plain language regarding the network management practices, performance, and commercial terms of its broadband internet access services sufficient for consumers to make informed choices regarding the use of such services and for content, application, service, and device providers to develop, market, and maintain internet offerings, except that a provider is not required to publicly disclose competitively sensitive information or information that could compromise network security or undermine the efficacy of reasonable network management practices;
(e) It shall be unlawful for a fixed Internet service provider, and it shall be unlawful for a mobile Internet service provider, to offer or provide services other than broadband Internet access service that are delivered over the same last-mile connection as the broadband Internet access service, if those services satisfy either of the following conditions:
(1) They have the purpose or effect of evading the prohibitions in this section.
(2) They negatively affect the performance of broadband Internet access service.
(f) The department shall establish a process for broadband internet access service providers to certify that they will not engage in practices inconsistent with subsections (b) through (e), limit state-conferred benefits to broadband internet access service providers that adhere to subsections (b) through (e), limit applicability of pole attachment rules to broadband internet access service providers that adhere to subsections (b) through (e), and review state-conferred benefits such as easements and taxes.
(g) The attorney general shall enforce this section through adjudication of complaints alleging such violations in accordance with sections 1 to 14A, inclusive, of chapter 93.
(h) Nothing in this section supersedes any obligation or authorization a provider of broadband internet access service may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law, or limits a provider’s ability to do so, or prohibits reasonable efforts by a provider of broadband internet access service to address copyright infringement or other unlawful activities.
Section 10. Prohibition on Certain Data Usage Caps.
(a) For the purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise
“Broadband Internet Access Service”, a mass market retail service by wire or radio provided to customers in the commonwealth that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access; any service provided to customers in the commonwealth that the department finds to be providing a functional equivalent of the service described in the previous sentence, or that is used to evade the obligations set forth in this section.
“COVID-19 emergency”, also known as COVID-19, means the state of emergency concerning the novel coronavirus disease outbreak declared by the governor on March 10, 2020.
“Internet service provider”, a business that provides broadband Internet access service to anindividual, corporation, government, or other customer in the commonwealth.
“Consumer” or “end user”, an individual or entity that uses a broadband internet access service.
(b) Notwithstanding any general or special law to the contrary, for the duration of the COVID-19 emergency and 60 days thereafter, an Internet service provider shall not:
(1) increase the cost of any Broadband Internet Access Services for a consumer
(2) levy a new fee or charge related to Broadband Internet Access Services upon a consumer;
(3) impose new data caps or allowances on a consumer; or
(4) shut off Broadband Internet Access Service or services for a consumer that is unable to pay an overdue bill due to financial hardship caused by the COVID-19 emergency.
(c) Internet service providers shall not impose a data cap or allowance below 5 terabytes per month. SECTION 4. Chapter 30B of the General Laws is hereby amended by inserting after section 23 the following section:-
Section 24. Net Neutrality and Internet Service Providers Entering into State Contracts
(a) A person that submits a bid or proposal to, or otherwise proposes to enter into or renew, a contract with a governmental body with respect to the provision of internet service shall provide the contracting authority with copies of all disclosures required in section 9 of chapter 25C.
(b) A governmental body shall consult with the department about the network management practices of each internet service provider under consideration for the award of a contract. The internet service provider’s network management practices shall be a factor in the government body’s decision about awarding the broadband internet service contract.
SECTION 5. Chapter 10 of the General Laws is hereby amended by inserting after section 78 the following section:-
Section 79. (a) There is hereby established and set up on the books of the commonwealth an internet consumer access fund to be administered by the treasurer. The fund shall consist of monies received and recovered by the office of the attorney general from lawsuits related to sections 1 to 14A, inclusive, of chapter 93, or funds otherwise designated to this account.
(b) The treasurer shall make distributions from the internet consumer access fund for purposes consistent with ensuring equal access to the free flow of information over the internet.
(c) Subject to appropriation, expenditures from the account may be used for costs incurred by the office of the attorney general in the administration and enforcement of this chapter.
SECTION 6. Within 60 days of the effective date of this act, the department shall adopt formal complaint procedures to address alleged violations of section 9 of chapter 25C.
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